Utah Administrative Code
Topic - Health
Title R434 - Clinical Services, Primary Care and Rural Health
Rule R434-100 - Physician Visa Waivers
Section R434-100-6 - Contract Requirements
Universal Citation: UT Admin Code R 434-100-6
Current through Bulletin 2024-06, March 15, 2024
To obtain a state recommendation that the visa waiver is in the public interest, the contract that the applicant submits must meet the following criteria:
(1) The contract must be for employment at a health care facility:
(a) to work as a primary care physician
located within a federally designated primary care Health Professional Shortage
Area or Medically Underserved Area/Population (MUA/P), or to work as a
subspecialty care physician serving medically needy population;
(b) that has been operating for at least one
year;
(c) whose principals are free
from default on any federal or state scholarship or loan repayment program
offered by the National Health Service Corps or by the state under Title 26,
Chapter 46, Rural Physician Loan Repayment Program;
(d) that it or its principals are not under
investigation for, under probation for, or under restriction for:
(i) Medicaid or Medicare fraud;
(ii) violations of Division of Occupational
and Professional Licensing statute or rules; or
(iii) other violations of law that may
indicate that it may not be in the public interest that a waiver of the
two-year home residency requirement be granted.
(e) that accepts Medicaid, Medicare,
Children's Health Insurance Program, Primary Care Network and Utah Medical
Assistance Program eligible patients; and
(f) that implements a sliding fee scale,
payment schedule, or similar method that demonstrates that it provides
discounts to medically indigent patients.
(2) The contract must provide:
(a) that the physician agrees to meet the
requirements set forth in section 214(k) of the Immigration and Nationality
Act,
8 USC
1184(k);
(b) the specific address of the health care
facility where the physician will practice medicine;
(c) a description of the geographic area that
will be served by the physician;
(d) that the physician agrees to work an
annual full-time equivalency of 40 hours in patient care per week;
(e) for an obligation committing both parties
to three years of employment; and
(f) that the physician agrees to begin
employment at the health care facility within ninety (90) days of the waiver
being granted.
(3) The contract shall not contain a non -competition clause or other provision that would discourage or inhibit the physician from working anywhere in the state upon termination of his employment with the health care facility.
Disclaimer: These regulations may not be the most recent version. Utah 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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