Oregon Administrative Rules
Chapter 409 - OREGON HEALTH AUTHORITY, HEALTH POLICY AND ANALYTICS
Division 35 - PHYSICIAN VISA WAIVER PROGRAM
Section 409-035-0020 - Health Care Facility Participation Requirements
Universal Citation: OR Admin Rules 409-035-0020
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Federally Qualified Health Centers with a:
(a) HPSA score at or above the requirements
of 22 CFR
41.63 shall apply for a J-1 Waiver either
through the Authority or through the United States Department of Health and
Human Services (see:
http://www.globalhealth.gov/global-programs-and-initiatives/exchange-visitor-program );
(b) HPSA score below the requirements of
22 CFR
41.63 shall apply for a J-1 Waiver through
the Authority.
(2) If a health care facility is located in a Medically Underserved Area (MUA) or Medically Underserved Population (MUP) that is not a Health Professional Shortage Area (HPSA) or if the request is for a flex option, the facility must obtain prior approval from the Authority upon providing documentation substantiating the area's need for a physician.
(3) To qualify for the Oregon Physician Visa Waiver Program, the health care facility must:
(a) Identify the nature of the business
entity seeking to employ the physician, including but not limited to domestic
or foreign professional corporation, LLC, or partnership and is registered to
do business in Oregon;
(b) Have
provided care for a minimum of six months in Oregon, or supply evidence of
stability such as HRSA funding, prior to submitting an application;
(c) Currently serve Medicare and low-income
uninsured patients, and Oregon Health Plan members that are members of the
local community;
(d) Ensure that
Oregon Health Plan member visits must represent a share of the overall
facility's patient visits that are equal to or greater than the statewide
percentage of the population eligible for the Oregon Health Plan at the
beginning of each program year as determined by the Authority (up to a maximum
of 25%). If the facility does not meet this requirement, it must provide a plan
to achieve that level of service for review and approval by the Authority.
Plans that do not outline a strategy to achieve the required level of service
within the physician's first year will not typically be approved, but the
Authority will consider additional information provided by the facility when
making a final decision. If the total patient visits covered by the Oregon
Health Plan or Medicare or from low-income, uninsured patients exceeds 50
percent of all patient visits, the Authority may waive the requirement for a
plan;
(e) Post a sliding fee
schedule in the primary languages of the population being served;
(f) Document attempts to actively recruit a
United States citizen or permanent resident prior to submission of the
application;
(g) Execute an
employment contract with the physician that includes the following provisions:
(A) Duration of at least three
years;
(B) Wages and working
conditions comparable to those for a graduate from a United States medical
school;
(C) Does not include a
non-compete clause or restrictive covenant that prevents or discourages the
physician from continuing to practice in any designated area after the term of
the contract expires;
(D) Specifies
the geographic shortage area within Oregon in which the physician will practice
or, if requesting a flex option, the shortage area or areas where prospective
patients live;
(E) Ensures the
physician shall treat all patients regardless of their ability to pay;
and
(F) Ensures the physician shall
provide patient care on a full-time basis a minimum of 40 hours per
week.
(h) Submit a
letter outlining the need and intention to hire the physician, signed by the
CEO or equivalent, or their designee.
(4) The health care facility shall submit to the Authority a fee of $2,000 and two sets of the application packet for each waiver requested.
Statutory/Other Authority: ORS 413.248
Statutes/Other Implemented: ORS 413.248
Disclaimer: These regulations may not be the most recent version. Oregon 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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