HHS Expands J-1 Waiver Program Eligibility for Primary Care Physicians
/In a bold and welcome move that received surprisingly little attention, the Department of Health and Human Services (HHS) has improved its Waiver for Clinical Care (i.e. J-1 waivers for practicing physicians) to expand primary care services during the COVID-19 emergency. The program changes are effective immediately and vastly improve the usefulness of the program by eliminating the requirement that sponsoring facilities be designated as Federally Qualified Health Centers (FQHCs) or Rural Health Centers (RHCs). Now, any facility can qualify to serve as a waiver sponsor so long as the facility site has a HPSA score of 7 or higher and the physician must be practicing primary care. J-1 physicians and potential employers should consider the HHS program as an important opportunity to apply for a J-1 visa waiver because most states have already allotted their coveted 30 Conrad slots for the current waiver cycle.
There is no guidance on whether the program changes will be permanent or will only last until the public health emergency has ended. The HHS clinical waiver program has historically provided prompt and efficient case review at no cost. It is unknown at this time whether the expansion of the program will result in increased processing times or higher demand.
Ellis Porter advises the following guidance to healthcare employers when considering whether the HHS waiver may fit your needs:
Does your facility qualify? Again, the facility no longer needs to be an FQHC or an RHC, but the worksite must have a HPSA score of 7 or above and be willing to offer the physician a minimum of 40 hours of weekly employment for a three-year term. HPSA scores for your address can be found on the Health Resources & Service Administration website..
Does your physician candidate qualify? Only primary care physicians are eligible to apply. Primary care includes those practicing family practice, general internal medicine, pediatrics, obstetrics/gynecology or general psychiatric services. Physicians must apply within one year of completion of residency training.
Questions?
If you are a J-1 waiver physician, or the employer of a J-1 waiver physician, and you have any additional questions about how these new policies impact you, please contact a member of the Ellis Porter Healthcare Immigration Team and our attorneys will be happy to provide further clarification and assistance.
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