OAR 409-035-0020: Health Care Facility Participation Requirements

(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.