6 Colo. Code Regs. § 1016-3-1.4

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1016-3-1.4 - Waiver Petition

(1) At the time of application, an eligible J-1 visa physician shall:

(A) Have successfully completed at least two years of a United States based medical residency program;

(B) Apply for or obtain a Colorado Medical License;

(C) Agree to comply with program requirements for the full term of service;

(D) Upon receipt of a Colorado Conrad 30 recommendation, the physician will:

i. Report practice characteristics to the Primary Care Office on a biannual basis; and

ii. Complete an exit survey at the conclusion of his or her service obligation.

(2) At the time of application, an eligible Practice Site shall:

(A) Be located in an underserved area or provide substantial evidence of a physician shortage in the service area for the J-1 visa physician's medical specialty;

(B) Accept patients covered by Colorado Medicaid;

(C) Accept patients insured by Child Health Plan+, if the practice accepts children;

(D) Accept patients insured by Medicare, if the practice accepts patients who are 65 and over;

(E) Assess clinic charges on a posted sliding fee schedule or similar charitable care policy for low income patients;

(F) Employ the J-1 visa physician full time, in direct patient care, at a salary commensurate with that of a United States trained physician in the same specialty with similar experience and training in the region;

(G) Assign a patient panel to the J-1 visa physician that is not substantially different than that of other physicians in the practice with the same clinical specialty;

(H) Upon receipt of a Colorado Conrad 30 recommendation, the Practice Site will:

i. Report practice characteristics to the Primary Care Office on a biannual basis; and

ii. Complete an exit survey at the conclusion of their service obligation.

(3) A complete application shall originate from a prospective Employer and shall contain all elements described in the application guidance available from the Primary Care Office, which include:

(A) an application face page,

(B) an employer statement,

(C) a community statement of need,

(D) a recruitment effort summary,

(E) a signed contract that conforms to waiver and program requirements,

(F) a physician retention plan,

(G) all required immigration documentation, and

(H) documentation supporting the International Medical Graduate's waiver eligibility.

(4) An application fee shall be assessed in exchange for a complete application review and immigration waiver support determination. Fees are not refundable in the event the Governor's Designee declines to support an immigration waiver petition, the Department of State or the United States Citizenship and Immigration Services declines to grant a waiver, the physician fails to begin a service commitment, or the physician or employer terminates a service commitment prior to the end of a service obligation. Fees shall be payable at the time of application to the "Colorado Department of Public Health and Environment" on the following schedule:

(A) $1,000 for a Conrad 30 J-1 Visa Waiver application review.

(B) $250 for a National Interest Waiver letter where the physician is currently practicing, or intends to practice in Colorado.

(C) $1,250 for a National Interest Waiver letter where the physician is not currently practicing in Colorado.

(D) The Governor's Designee may waive application fees for Executive agencies of state government.

6 CCR 1016-3-1.4

39 CR 08, April 25, 2016, effective 5/15/2016