South Dakota Administrative Rules
Title 44 - Department of Health
Article 44:63 - J-1 visa waiver program
Chapter 44:63:02 - Form and content of waiver applications
Section 44:63:02:04 - Information required from facility

Universal Citation: SD Admin Rules 44:63:02:04

Current through Register Vol. 51, page 43, September 23, 2024

Every application shall include a series of statements, all clearly labeled under separate headings describing the following:

(1) Recruitment efforts. The employing facility shall summarize and provide copies of advertisements, any agreements with placement services, and other evidence documenting the extent to which the employing facility has been unsuccessful in recruiting qualified U.S. physicians. In the absence of such evidence, a narrative which sets forth in convincing detail such unsuccessful recruitment efforts shall be included;

(2) Summary of J-1 physician's expected practice arrangement. The employing facility shall describe:

(a) The J-1 physician's proposed responsibilities;

(b) How the J-1 physician's employment will satisfy important unmet needs of the shortage area; and

(c) How the J-1 physician will satisfy his or her practice obligation in terms of practice location, practice hours, and responsibility for taking calls;

(3) Equivalency of J-1 compensation. The employing facility shall state that the J-1 physician's salary or other forms of financial support is at a level equivalent to that of other physicians in the region, taking into account such variables as training, experience, and specialty involved. The statement should itemize the guaranteed three-year base salary, benefits, insurance, and amount of leave;

(4) Retention of J-1 physician beyond the 3-year obligation. The employing facility shall state its plans for retaining the J-1 physician beyond the three-year obligation period;

(5) Effect of waiver denial. The employing facility shall state the effect on the shortage area population to be served if the waiver is denied; and

(6) Service to the underserved. The employing facility shall describe the shortage area to be served by the J-1 physician and state that the facility accepts Medicare/Medicaid patients as well as medically indigent patients.

General Authority: SDCL 36-2-22.

Law Implemented: SDCL 36-2-21, 36-2-22.

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