Florida Administrative Code
64 - DEPARTMENT OF HEALTH
64W - Division of Public Health Statistics and Performance Management
Chapter 64W-1 - CONRAD 30 WAIVER PROGRAM
Section 64W-1.003 - Eligibility
Universal Citation: FL Admin Code R 64W-1.003
Current through Reg. 50, No. 187; September 24, 2024
(1) Employer Eligibility.
(a) The sponsoring facility/employer and all
practice site locations must accept Florida Medicaid clients and be actively
billing Florida Medicaid, whether through Fee-For-Service or as a Medicaid
Managed Care Plan provider. All physicians at the practice site location must
accept Medicaid. The applicant physician cannot be the only physician in the
practice accepting Medicaid; and
(b) All employers, facilities and practice
locations must be physically located in Florida.
(2) Physician Eligibility.
(a) Applicants must currently reside in the
United States of America;
(b)
Applicants must have a U.S. Department of State (USDOS) case number at the time
of application;
(c) Applicants must
have applied only for the Conrad 30 Waiver Program sponsorship from the Florida
Department of Health (Department); and
(d) Applicants must have a clear, active
Florida medical license that is effective on or before the last date of the
application period as defined in subsection
64W-1.006(1)
F.A.C.
(3) Employment Contract Eligibility. For an employment contract to be considered eligible, it must include:
(a) Signatures of both the
physician and employer;
(b) The
date the document was signed, either next to the signature or under
it:
(c) All practice locations must
be clearly delineated, including the physical address. Any language that states
the practice location can be changed to any location not listed or locations
added at a future date, without prior notification to the Department as
required by Rule 64W-1.008, F.A.C., will make the
contract ineligible;
(d) A
statement that the physician will practice direct patient care for a minimum of
40 hours per week. Any language that alters the weekly 40 hours of direct
patient care will make the contract ineligible. Any mention of shift work will
require a detailed explanation on how the 40 hours of direct patient care will
be provided;
(e) A minimum 3-year
term of full-time employment, including the specific start and end
dates;
(f) The statement that
"full-time employment shall commence within 90 days after the waiver is
approved by U.S. Citizenship and Immigration Services (USCIS)." Any language
that adds caveats to this statement will make the contract
ineligible;
(g) A description of
the geographic area served by the facility;
(h) A clause stating that the Department
Primary Care Office will be notified in writing at least 60 days prior to the
termination of the contract by either party or immediately upon termination, if
an immediate termination occurs;
(i) There shall not be any non-compete
clauses/provisions; and
(j)
Termination of employment provisions shall provide that termination is only for
cause;
(k) If the Offer of
Employment letter includes provisions that are legally binding, it is part of
the contract, and must be included with any contract and addendums. It must not
be used as the Practice Facility Cover Letter; and
(l) Any addendum or attachment that alters
the original terms of the contract must also be signed and dated by both the
physician and the employer as described in paragraphs (a) and (b)
above.
Rulemaking Authority 381.4018(3) FS. Law Implemented 381.4018 FS.
New 8-12-21, Amended 10-24-22.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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