S.D. Admin. R. 44:63:02:10

Current through Register Vol. 51, page 57, November 12, 2024

Section 44:63:02:10 - Employment contract

Each application shall include a complete copy of the minimum three-year employment contract between the J-l physician and the employing facility.

The J-l physician and the employing facility shall sign and date the contract. The employment contract shall include the following:

(1) Name and address of the employing facility;

(2) Name and address of the J-l physician;

(3) The specific shortage area in which the J-l physician will practice;

(4) That the J-l physician will practice full-time;

(5) That the J-l physician will practice a minimum of 64 hours per four week period direct patient care within the shortage area identified in the contract;

(6) That the J-l physician may provide up to 96 additional hours per four week period under any of the following conditions:

(a) Providing care to patients in either the hospital inpatient or outpatient department if the hospital is shown to serve a significant portion of shortage area residents;

(b) Clinical outreach to underserved populations residing in a shortage area, whether directly in person or by electronic means. If by electronic means, the remote site must be located within a shortage area. If provided in person, the setting must be located in a shortage area;

(c) Public health services if approved by the department; or

(d) Direct patient care in a facility or setting that serves the underserved, as evidenced by the posting of a notice of a discounted fee program as an adopted policy of the facility. The discounted fee program shall meet or exceed the following minimum standards: 100% of the federal poverty level (FPL) or less = 100% discount; 101% to 125% of the FPL, inclusive, = 80% discount; 126% to 150% of the FPL, inclusive, = 60% discount; 151% to 175% of the FPL, inclusive, = 40% discount; and 176% to 200% of the FPL, inclusive, = 20% discount;

(7) That the J-l physician will begin employment at such facility within 90 days of receiving the waiver as well as continue to work at the facility for a total of not less than three years;

(8) That the J-l physician will accept assignment under the Social Security Act § 1842(b)(3)(ii) as full payment for all services for which payment may be made under part B of Title XVIII of such act (Medicare);

(9) A sentence describing what field of medicine the J-l physician will practice;

(10) Language requiring that the contract be terminated only for cause and cannot be terminated by mutual agreement until after expiration of the required three-year period of service;

(11) No noncompete clause or provision that purports to limit the J-l physician's ability to remain in the area upon completion of the contract; and

(12) An attachment provided by the department titled "J-l Employment Contract Policy of the South Dakota Department of Health"; and

(13) A statement by the foreign medical graduate that the graduate agrees to meet the requirements set forth in section 214(1) of the Immigration and Nationality Act in compliance with 22 CFR 42.63(e)(3)(iii).

S.D. Admin. R. 44:63:02:10

28 SDR 47, effective 10/4/2001; 29 SDR 107, effective 2/3/2003; 37 SDR 235, effective 6/27/2011; 45 SDR 045, effective 10/8/2018

General Authority: SDCL 36-2-22.

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