Current through Register Vol. 48, No. 12, March 22, 2024
a) A
physician may change employers, provided that prior approval is received from
the Department. A physician can request a change of employer for the following:
1) Infringement by the employer of the
employment contract;
2)
Infringement by the employer of labor or employment laws; or
3) The physician terminates employment for
cause.
b) To request a
change of employer, the physician (or physician's authorized representative)
shall submit the following to the Department:
1) Formal written request to the Department
seeking a change in employer;
2)
Documentation that the employer breached the employment agreement; or
3) Documentation that the employer breached
labor or employment laws; or
4)
Reasons the physician terminated employment.
5) A copy of the employment contract between
the physician and the new employer. The contract shall include the following:
A) The name and address of the medical
facility where the physician will work (if the physician will work at multiple
medical facilities, the contract must list each medical facility);
B) If the physician will work at multiple
facilities, a statement on which facility the physician will work at
predominately. For purposes of this Part, predominately means the physician
will work at least 21 hours (per week) at this facility;
C) A statement that the physician will
practice full-time;
D) A statement
that any amendments to the contract will adhere to State and federal J-1 visa
waiver requirements;
E) A statement
that termination of the physician can be only for cause;
F) A list of benefits and insurance to be
provided to the physician; and
G) A
statement that the employer will not add additional work locations without the
approval of the Department.
6) Documentation that the medical facility is
located in a primary care or mental health HPSA (as applicable);
7) The employment contract cannot include the
following, in accordance with
22 CFR
41.63(i):
A) A non-compete clause;
B) A liquidated damages clause; or
C) A termination without cause
provision.
8) An
attestation from each medical facility where the physician will work that it
accepts all patients regardless of the ability to pay, accepts Medicare and
Medicaid on assignment, and uses a sliding-fee scale based on federal poverty
guidelines to discount services to low-income uninsured persons. The
attestation must also state that these discounts are offered to all patients of
the providers at the medical facility and not only to the patients of the J-1
physician. This is not required for forensic pathologists who apply for a J-1
waiver and propose to work at a medical examiner's office.
9) A statement from the new employer that the
salary or other form of financial support offered to the physician is
equivalent to that offered to all other physicians with equivalent skills and
experience recruited by the medical facility.
c) The employment contract with the new
employer shall be of duration so that the three-year service obligation is
fulfilled.
d) The Department will
deny the request if it determines that any of the requirements in subsections
(a) through (c) are not fulfilled.
e) The Department will notify the physician
and the new employer in writing if the request is approved or denied.