reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 59 - IDAHO RURAL HEALTH CARE ACCESS PROGRAM › Section 39-5902 - RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE FUNDS.

39-5902. RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE FUNDS. (1) There is hereby created in the state treasury a fund known as the "Rural Health Care Access Fund." Subject to appropriation by the legislature, moneys in the fund shall be used exclusively for the purpose of grants for improving access to primary care medical services in areas designated as primary care health professional shortage areas and medically underserved areas and their administration pursuant to this chapter.
(2) There is hereby created in the state treasury a fund known as the "Rural Physician Incentive Fund." Money is payable into the fund as provided for in section 33-3723, Idaho Code. The moneys in the rural physician incentive fund are hereby appropriated for the uses of the fund. The state department of health and welfare may use the moneys in the fund to pay:
(a) The educational debts of rural physicians who practice primary care medicine in medically underserved areas of the state that demonstrate a need for assistance in physician recruitment; and
(b) The expenses of administering the rural physician incentive program. The expenses of administering the program shall not exceed ten percent (10%) of the annual fees assessed pursuant to section 33-3723, Idaho Code.
History:
[39-5902, added 2000, ch. 262, sec. 2, p. 735; am. 2012, ch. 44, sec. 4, p. 132.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 59 - IDAHO RURAL HEALTH CARE ACCESS PROGRAM › Section 39-5904 - JOINT HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE GRANT REVIEW BOARD.

39-5904. JOINT HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE GRANT REVIEW BOARD. (1) The director shall appoint the members of a board to be known as the joint health care access and physician incentive grant review board, who shall serve at the pleasure of the director. Board members shall not be compensated, but shall be reimbursed for travel expenses incurred for attendance at board meetings.
(2) The board shall meet at least annually, for the purposes described in this chapter.
(3) The board shall be composed of the following: a representative from the Idaho academy of family physicians, a representative from the nurse practitioner conference group, a rural hospital administrator, a representative from the physician assistant association, a representative from the office of rural health, division of public health, a faculty member from one (1) of the Idaho family medicine residency programs, an Idaho medical association representative, an Idaho hospital association representative, an Idaho primary care association representative, an Idaho area health education center representative, a medical student program administrator representative from each state supported program, and an Idaho association of counties representative.
(4) Appointments to the board shall be for three (3) years. Board members may be reappointed at the end of each three (3) year period. Initial appointments shall be staggered in such a manner that approximately one-third (1/3) are appointed for one (1) year, one-third (1/3) are appointed for two (2) years, and one-third (1/3) are appointed for three (3) years.
(5) A majority of the board members constitutes a quorum for the transaction of business. A majority vote is required by the quorum in finalizing decisions.
History:
[39-5904, added 2000, ch. 262, sec. 2, p. 736; am. 2007, ch. 199, sec. 3, p. 609; am. 2012, ch. 44, sec. 6, p. 134.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 59 - IDAHO RURAL HEALTH CARE ACCESS PROGRAM › Section 39-5906 - CATEGORIES OF RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE GRANTS.

39-5906. CATEGORIES OF RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE GRANTS. (1) There are three (3) categories of rural health care access grant assistance:
(a) Telehealth projects — Grant funds may be used for projects that involve the use of telecommunications technologies for distance learning and for projects to improve access to care for rural communities.
(b) Community development projects — Grant funds may be used for health needs assessments, marketplace analysis, financial analysis and strategic planning activities.
(c) Other — Communities may choose to apply for funds for activities that they have identified and determined will help to improve access to primary care in rural areas, including loan repayment for primary care providers, recruitment incentive, and/or reimbursement of relocation expenses for primary care providers.
(2) Physician incentive grants: Grants are limited to loan repayment for physicians providing primary care medicine in eligible areas.
History:
[39-5906, added 2000, ch. 262, sec. 2, p. 737; am. 2012, ch. 44, sec. 8, p. 136.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 59 - IDAHO RURAL HEALTH CARE ACCESS PROGRAM › Section 39-5907 - ELIGIBILITY FOR GRANTS.

39-5907. ELIGIBILITY FOR GRANTS. Applicants must meet the following requirements:
(1) Rural health care access grant awards:
(a) The geographical area to be benefitted must be located in a current primary care or dental health professional shortage area or a medically underserved area.
(b) The applicant must be a governmental entity or a nonprofit entity registered with the Idaho secretary of state.
(2) Rural physician incentive grant awards:
(a) A physician who meets the following requirements is eligible to apply for a rural physician incentive grant award:
(i) During the period covered by the award, the physician must be a rural physician providing primary care medicine in an eligible area. A physician may provide patient care services in primary care medicine in more than one (1) eligible area;
(ii) The physician must be a doctor of medicine or doctor of osteopathic medicine and have completed an accreditation council of graduate medical education or American osteopathic association residency;
(iii) The physician must be Idaho medical board certified/board eligible, be eligible for an unrestricted Idaho medical license and be able to meet the medical staffing requirements of the sponsoring organization when applicable; and
(iv) The physician must accept medicare and medicaid patients within the capacity of his or her primary care medicine practice.
(b) Physicians who have paid the fee authorized in section 33-3723, Idaho Code, shall be given a preference over other applicants.
(c) A physician shall not be entitled to receive an award under this program if the physician is receiving payments for purposes of repaying qualified medical education debt from another state or from a federal debt repayment program.
History:
[39-5907, added 2000, ch. 262, sec. 2, p. 737; am. 2012, ch. 44, sec. 9, p. 136.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 59 - IDAHO RURAL HEALTH CARE ACCESS PROGRAM › Section 39-5908 - RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE APPLICATIONS REQUIRED.

39-5908. RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE APPLICATIONS REQUIRED. (1) A completed grant application must be submitted by the applicant for the purpose of requesting a grant or contract, on or before the conclusion of the application period specified for the appropriate grant cycle. All applications must include the required information.
(2) The grant application and any attachments submitted by the applicant shall be the primary source of information for awarding a grant. Additionally, the board may request and/or use other information known to it in making its decision.
(3) All rural health care access applications shall include:
(a) Geographical area of need;
(b) Individual or entity requesting funds;
(c) Narrative description of the methods to be used to address needs and demonstrate the potential of the project to improve access to health care services in the community;
(d) Identification of measurable goals, objectives to be used to reach the goals, and the resources necessary to complete each activity;
(e) Estimation of how long it will take to accomplish the individual activities of the project;
(f) Demonstrated community and organizational support for the project;
(g) County or local governmental endorsement;
(h) Operating budget including:
(i) Proportion of operating budget, if any, the applicant proposes to match with the rural health care access grant funds;
(ii) Documentation of one (1) or more vendor price quotes for all proposed equipment purchases;
(iii) Contact person for verification of fiscal information;
(i) Federal tax identification number; and
(j) Other information required by the board.
(4) All rural physician incentive applications shall:
(a) Be on a form prescribed by the rural health care access and physician incentive board; and
(b) Include a letter of support along with supporting documentation.
History:
[39-5908, added 2000, ch. 262, sec. 2, p. 737; am. 2012, ch. 44, sec. 10, p. 137.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 59 - IDAHO RURAL HEALTH CARE ACCESS PROGRAM › Section 39-5909 - RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE GRANT AWARD SCHEDULE.

39-5909. RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE GRANT AWARD SCHEDULE. The board shall conduct the grant process in accordance with the following schedule:
(1) The rural health care access and physician incentive program manager will generate, and make available, a list of areas eligible for potential grant assistance no later than May 1 prior to the application period.
(2) The rural health care access and physician incentive program manager shall develop an application form and make guidance available no later than July 1 which shall initiate the application period prior to the grant period.
(3) The completed application shall be submitted no later than August 30 of the application period.
(4) The board shall issue notification to every applicant regarding the disposition of their grant request by October 30 prior to the grant period.
(5) Funds for approved rural health care access grants shall be disbursed during November of that grant period or over the course of the current grant year as funds become available.
(6) Funds for approved rural physician incentive grants shall be disbursed upon completion of six (6) months of service in an eligible area during the initial grant period and annually thereafter upon completion of a twelve (12) month term of service in an eligible area.
History:
[39-5909, added 2000, ch. 262, sec. 2, p. 738; am. 2002, ch. 354, sec. 2, p. 1011; am. 2009, ch. 119, sec. 3, p. 383; am. 2012, ch. 44, sec. 11, p. 137.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 59 - IDAHO RURAL HEALTH CARE ACCESS PROGRAM › Section 39-5910 - RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE AWARD CRITERIA.

39-5910. RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE AWARD CRITERIA. (1) Rural health care access awards shall be made by the board based on the following weighted criteria:
(a) Background of bidding organization. The applicant must show adequate experience, knowledge, and qualifications to adequately perform the scope of work: weight = 10%;
(b) Community and organizational support. The applicant must demonstrate community and organizational support for the project: weight = 15%;
(c) Specificity and clarity of scope of project. The proposal will be evaluated based on the extent to which the goals and objectives are specific, measurable, and relevant to the purpose of the proposal and the activities planned to accomplish those objectives are germane and can be sustained beyond the grant time frame. Additionally, there must be a demonstrated need for and lack of availability of funds from other sources to address the primary health care needs of the defined area of service: weight = 35%;
(d) Monitoring and evaluation. The proposal will be evaluated based on the extent to which the monitoring and evaluation system will document program or activity progress and measure effectiveness: weight = 15%;
(e) Budget. The proposal will be evaluated based on the extent to which a detailed itemized budget and justification are consistent with stated objectives and planned program activities: weight = 25%.
(2) Physician incentive awards shall be made by the board based on ranking and priority of applicants in accordance with the following criteria:
(a) (i) Priority selection for physicians who were Idaho resident students and were assessed the rural physician incentive fee and paid into the fund, followed by physicians who were Idaho residents prior to completing medical school out of state and who did not contribute to the fund, followed by physicians from other states who were not Idaho residents;
(ii) Demonstrated physician shortage in the eligible area to be benefitted;
(iii) Demonstrated physician recruiting difficulties in the eligible area to be benefitted;
(iv) Support of the medical community and community leaders in the eligible area.
(b) In reviewing and weighing criteria, all relevant factors shall be considered.
(c) If a physician selected for an award of debt payments does not accept the award in the manner provided pursuant to the provisions of this chapter, then the award shall be awarded to the next eligible applicant who has not received an award.
(d) The physician is liable for the payments if the physician ceases to practice in the eligible area during the contract period.
History:
[39-5910, added 2000, ch. 262, sec. 2, p. 738; am. 2012, ch. 44, sec. 12, p. 138.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 59 - IDAHO RURAL HEALTH CARE ACCESS PROGRAM › Section 39-5912 - FRAUDULENT INFORMATION ON GRANT APPLICATION.

39-5912. FRAUDULENT INFORMATION ON GRANT APPLICATION. Providing false information on any application or document submitted under this statute is a misdemeanor and grounds for declaring the applicant ineligible. Any and all funds determined to have been acquired on the basis of fraudulent information must be returned to the rural health care access and physician incentive grant program. This section shall not limit other remedies which may be available for the filing of false or fraudulent applications.
History:
[39-5912, added 2000, ch. 262, sec. 2, p. 739; am. 2012, ch. 44, sec. 14, p. 139.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 59 - IDAHO RURAL HEALTH CARE ACCESS PROGRAM › Section 39-5913 - ADMINISTRATIVE APPEALS.

39-5913. ADMINISTRATIVE APPEALS. Applicants aggrieved by the award or failure to award a grant pursuant to this chapter shall be afforded the remedies provided in chapter 52, title 67, Idaho Code.
History:
[39-5913, added 2000, ch. 262, sec. 2, p. 739.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 60 - CHILDREN’S TRUST FUND › Section 39-6001 - CHILDREN’S TRUST FUND BOARD — CREATION.

39-6001. CHILDREN’S TRUST FUND BOARD — CREATION. (1) There is hereby created within the department of health and welfare a children’s trust fund and a children’s trust fund board to administer the children’s trust fund.
(2) The children’s trust fund board shall consist of a chairperson and nine (9) other members as follows:
(a) The chairperson and six (6) other members of the board shall be appointed by the governor and shall be selected for their interest and expertise in the prevention of child abuse. There shall be one (1) board member appointed from each of the seven (7) judicial districts of the state as enumerated in chapter 8, title 1, Idaho Code. Members shall be appointed to serve for three (3) year terms. Vacancies shall be filled for any unexpired term by appointment in the same manner as the original appointments were made.
(b) The superintendent of public instruction, the attorney general, and the director of the department of health and welfare or their designees shall be members and shall serve as voting members of the children’s trust fund board.
(3) A quorum of the children’s trust fund board shall consist of a majority of its members which quorum must be present in order to conduct any business.
(4) The chairperson of the children’s trust fund board shall have no vote except in the event of a tie vote of a quorum of the members of the board.
(5) Board members shall be compensated as provided in section 59-509(b), Idaho Code.
(6) Members of the children’s trust fund board shall serve until a successor has been appointed but may be removed by the appointing official for misconduct or failure to carry out the duties provided in this chapter.
History:
[39-6001, added 1985, ch. 31, sec. 2, p. 60; am. 2002, ch. 292, sec. 2, p. 841; am. 2014, ch. 52, sec. 1, p. 129.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 60 - CHILDREN’S TRUST FUND › Section 39-6002 - CHILDREN’S TRUST FUND BOARD — POWERS AND DUTIES.

39-6002. CHILDREN’S TRUST FUND BOARD — POWERS AND DUTIES. To carry out the purposes of this chapter, the children’s trust fund board may:
(1) Independently, in collaborative relationships or partnerships, contract with public or private nonprofit organizations, agencies, schools or with qualified individuals, establish community-based educational and service programs and initiatives designed to reduce or prevent the occurrence of child abuse and neglect.
(a) Each contract entered into by the board shall contain a provision for the evaluation of services provided under the contract. Contracts for services to prevent child abuse and child neglect may be awarded to new programs, existing programs, initiatives, and to demonstration projects.
(b) Continuation of contracts shall be based upon goal attainment.
(2) Facilitate the exchange of information between groups concerned with families and children.
(3) Consult with state departments, agencies, commissions and boards to help determine the probable effectiveness, fiscal soundness, and need for proposed educational and service programs for the prevention of child abuse and neglect.
(4) Adopt rules pursuant to chapter 52, title 67, Idaho Code, to carry out the provisions of this chapter.
(5) Employ an executive director who shall be responsible for the performance of the administrative functions of the board and such other duties as the board may direct. The board may also employ or contract with other individuals to provide professional, clerical or other services deemed necessary by the board to effectuate the provisions of this chapter and the rules of the board, and purchase or rent necessary office space, equipment and supplies. The compensation of the executive director and other personnel shall be determined by the board, and the executive director shall be exempt from the provisions of chapter 53, title 67, Idaho Code.
(6) Solicit and accept grants, donations, gifts and other moneys as necessary to carry out the purposes of this chapter.
History:
[39-6002, added 1985, ch. 31, sec. 2, p. 61; am. 1990, ch. 208, sec. 1, p. 464; am. 2002, ch. 292, sec. 3, p. 842; am. 2014, ch. 52, sec. 2, p. 129.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 60 - CHILDREN’S TRUST FUND › Section 39-6003 - CRITERIA FOR PROGRAMS.

39-6003. CRITERIA FOR PROGRAMS. (1) Programs contracted for with moneys received pursuant to section 63-3067A, Idaho Code, are intended to provide prevention services. "Prevention services" means any community-based educational or service program designed to prevent or alleviate child abuse or neglect. "Prevention services" shall not include direct treatment programs.
(2) Moneys appropriated by the legislature may also be used for salaries pursuant to subsection (5) of section 39-6002, Idaho Code.
(3) The children’s trust fund board shall develop policies to determine whether programs will receive renewed funding. Nothing in this chapter shall be construed to require continued funding by the state of Idaho or the children’s trust fund board.
(4) The children’s trust fund board shall prepare a report on its activities and the effectiveness of those activities in fostering the prevention of child abuse and neglect annually, and deliver that report to the governor and legislature on January 15 of each year.
History:
[39-6003, added 1985, ch. 31, sec. 2, p. 61; am. 1990, ch. 208, sec. 2, p. 465; am. 2002, ch. 292, sec. 4, p. 842; am. 2014, ch. 52, sec. 3, p. 130.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 60 - CHILDREN’S TRUST FUND › Section 39-6004 - CONSIDERATION IN AWARD OF CONTRACTS.

39-6004. CONSIDERATION IN AWARD OF CONTRACTS. In awarding contracts pursuant to section 39-6002, Idaho Code, consideration shall be given to factors such as need, coordination with or enhancement of existing services, and evidence of community support or volunteers for the program.
History:
[39-6004, added 1985, ch. 31, sec. 2, p. 61; am. 2018, ch. 169, sec. 10, p. 359.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 60 - CHILDREN’S TRUST FUND › Section 39-6005 - MATCHING FUNDS.

39-6005. MATCHING FUNDS. The children’s trust fund board, in its discretion, may require a certain percentage of the funding for programs approved by the board be provided by the entity sponsoring or proposing the program. Contributions such as materials, personnel, supplies, physical facilities or services may be considered as all or part of the funding provided by the petitioning entity.
History:
[39-6005, added 1985, ch. 31, sec. 2, p. 61; am. 2002, ch. 292, sec. 5, p. 843.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 60 - CHILDREN’S TRUST FUND › Section 39-6007 - CHILDREN’S TRUST FUND — CREATION.

39-6007. CHILDREN’S TRUST FUND — CREATION. (1) There is hereby created in the state treasury the children’s trust fund.
(2) The fund shall consist of:
(a) Moneys appropriated to the fund;
(b) Moneys as provided in section 63-3067A, Idaho Code;
(c) Donations, gifts, grants and other moneys from any source; and
(d) Any other moneys which may hereafter be provided by law.
(3) Moneys in the fund may be expended for purposes provided in this chapter, provided that the children’s trust fund advisory board is authorized to expend up to fifty percent (50%) of the moneys generated annually pursuant to section 63-3067A, Idaho Code. Interest earned on the investment of idle money in the children’s trust fund shall be returned to the children’s trust fund.
(4) Disbursements of moneys from the fund shall be on the authorization of the children’s trust fund board or a duly authorized representative of the board.
(5) After the balance in the children’s trust fund has reached two million five hundred thousand dollars ($2,500,000), no further collections shall be received by the state tax commission, and all references to the fund shall be deleted from income tax forms.
History:
[39-6007, added 1985, ch. 31, sec. 2, p. 62; am. 1987, ch. 337, sec. 4, p. 711; am. 2002, ch. 292, sec. 7, p. 843; am. 2005, ch. 342, sec. 1, p. 1069; am. 2014, ch. 52, sec. 4, p. 130.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 60 - CHILDREN’S TRUST FUND › Section 39-6008 - DUTIES OF DEPARTMENT OF HEALTH AND WELFARE.

39-6008. DUTIES OF DEPARTMENT OF HEALTH AND WELFARE. The department of health and welfare under the direction of the children’s trust fund board shall be responsible for the management and accounting of moneys expended from the children’s trust fund.
History:
[39-6008, added 1985, ch. 31, sec. 2, p. 62; am. 2002, ch. 292, sec. 8, p. 844.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6101 - SHORT TITLE.

39-6101. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Conrad J-1 Visa Waiver Program and National Interest Waiver Program."
History:
[39-6101, added 2004, ch. 128, sec. 1, p. 437; am. 2009, ch. 106, sec. 2, p. 326.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6102 - PURPOSE.

39-6102. PURPOSE. Under this chapter, rural and underserved communities in Idaho would be able to apply for the placement of a foreign trained physician after demonstrating that they are unable to recruit an American physician and all other recruitment/placement possibilities have proven to be inaccessible.
(1) The "Idaho Conrad J-1 Visa Waiver Program" authorizes the Idaho department of health and welfare to recommend up to thirty (30) foreign trained physicians per federal fiscal year to locate in communities that are federally designated as having a health workforce shortage. Recommendations may be for pediatrics, internal medicine, family medicine, obstetrics, gynecology, psychiatry, general surgery, or physician specialists. Applications for specialists must demonstrate a need for the type of specialty held by the petitioning physician. Final approval of J-1 visa waiver requests are made by the United States bureau of citizenship and immigration services.
(2) Provided health care organizations located in federally designated shortage areas do not utilize the full annual allocation of J-1 visa waivers, the department may accept waiver applications six (6) months after the beginning of each federal fiscal year for petitioning J-1 visa waiver physicians to work in areas without a federal shortage area designation. The practice and petitioning physician must serve patients who reside in federally designated areas of underservice.
(3) The "National Interest Waiver Program" allows the Idaho department of health and welfare to testify that it is in the public’s interest that a waiver be granted to a foreign trained physician who commits to locating in a community that is federally determined as having a health workforce shortage. Final approval of the national interest waiver request is made by the United States bureau of citizenship and immigration services.
History:
[39-6102, added 2004, ch. 128, sec. 1, p. 437; am. 2009, ch. 106, sec. 3, p. 326; am. 2017, ch. 72, sec. 1, p. 171; am. 2023, ch. 31, sec. 1, p. 150.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6103 - SEVERABILITY.

39-6103. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
History:
[39-6103, added 2004, ch. 128, sec. 1, p. 437.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6104 - INCORPORATION BY REFERENCE.

39-6104. INCORPORATION BY REFERENCE. P.L. 103-416, amended by P.L. 107-273, November 2, 2002, 8 U.S.C. 1184(l) and 22 CFR 41.63(e), F.R. volume 60, No. 197, 8 CFR 214.12, 8 CFR 245 and 18 U.S.C. 1001 are incorporated by reference.
History:
[39-6104, added 2004, ch. 128, sec. 1, p. 437; am. 2009, ch. 106, sec. 4, p. 326; am. 2021, ch. 321, sec. 23, p. 966.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6106 - GENERAL REQUIREMENTS AND LIMITATIONS.

39-6106. GENERAL REQUIREMENTS AND LIMITATIONS. (1) J-1 visa waiver or national interest waiver request. The department may only submit a waiver request when:
(a) The application contains all of the required information and documentation;
(b) The application meets all state and federal criteria;
(c) Foreign exchange physicians having a J-1 case number assigned by the United States department of state have paid all federal processing fees; and
(d) The applicant has paid the state of Idaho application processing fee.
(2) Limitations of department actions.
(a) Prior to submission of an application, the department may provide information to the applicant on preparing a complete application.
(b) The department will not be responsible for adding any information to incomplete application packets.
(c) For applicants who have benefited from department waiver requests previously, the applicant’s history of compliance will be a consideration in future decisions for waiver requests.
(d) In any single program year, a health care facility will not be allotted more than five (5) J-1 visa waiver request applications per practice location.
(e) The shortage area designation must be current on the date the United States department of state reviews and recommends the application and on the date the immigration agency approves the J-1 visa waiver and national interest waiver. Any application that is being submitted to the department at the end of the three (3) year health professional shortage area designation cycle may be summarily denied if the renewal is not obtained.
(i) Participation by the department in the J-1 visa waiver program and in the national interest waiver program is completely discretionary and voluntary. The department may elect not to participate in the program at any time. The submission of a complete waiver application package does not ensure the department will recommend a waiver. The department reserves the right to recommend or decline any request for a waiver.
(ii) The department, its employees or agents are held harmless of any perceived consequence for the denial of a waiver petitioner or the approved placement of one that is not favorable.
(iii) Application procedures for J-1 visa waiver physician placements were developed by the department in compliance with P.L. 103-416 and subsequent revisions. The procedures for the issuance of national interest waiver recommendations were developed by the department in compliance with 8 CFR 214.12 and 8 CFR 245 and subsequent revisions. These procedures are subject to updates and changes at any time. Interpretation of these procedures rests solely with the department in consultation with the appropriate federal agencies.
History:
[39-6106, added 2004, ch. 128, sec. 1, p. 439; am. 2009, ch. 106, sec. 6, p. 327; am. 2017, ch. 72, sec. 3, p. 173; am. 2023, ch. 31, sec. 3, p. 151.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6107 - APPLIED PRINCIPLES.

39-6107. APPLIED PRINCIPLES. (1) Option of last resort. The J-1 visa waiver and national interest waiver programs are considered a final source for recruiting qualified physicians. These programs are not a substitute for broad recruiting efforts for graduates from United States medical schools, but an option of last resort. Any application that qualifies for consideration under any other interested government agency or federal program, such as the one administered by the department of health and human services, must be submitted under that program in lieu of the J-1 visa waiver program. The option of last resort principle does not apply to national interest waiver petitioning physicians for whom a J-1 visa waiver request was issued by the state of Idaho; in which case, physician retention is the objective if it is determined to be in the public interest.
(2) Waiver request applications will only be considered for health care facilities that can provide evidence of sustained active recruitment over a period of at least three (3) months for the physician vacancy in the practice location. The three (3) month vacancy requirement does not apply to a national interest waiver petitioning physician for whom a J-1 visa waiver request was issued by the state of Idaho.
(3) The J-1 visa waiver program and national interest waiver program will be used to assist health care facilities that can document the provision of health care services to all residents of the federally determined area of underservice. When a federal designation is for an underserved population, the health care facility must document the provision of care to, and assure access by, the underserved population.
History:
[39-6107, added 2004, ch. 128, sec. 1, p. 440; am. 2009, ch. 106, sec. 7, p. 328; am. 2017, ch. 72, sec. 4, p. 174; am. 2023, ch. 31, sec. 4, p. 152.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6108 - CRITERIA FOR APPLICANTS.

39-6108. CRITERIA FOR APPLICANTS. (1) Applicants must be existing health care facilities that:
(a) Have an active taxpayer identification number in Idaho; and
(b) Have provided medical or mental health care in Idaho for a minimum of twelve (12) months prior to submitting the application or meet the requirements for a new start as defined in this chapter.
(2) The waiver request to the department must come from a U.S. health care facility on behalf of the physician and not directly from the physician or his representative.
(3) J-1 visa waiver and national interest waiver petitioners with fellowship training must contract with employers to provide primary care services full time.
(4) Applicants must not be former J-1 visa waiver or national interest waiver physicians who are currently fulfilling their required three (3) or five (5) year obligation.
(5) Applicants may not submit waiver requests for a relative.
(6) Applicants must accept all patients regardless of their ability to pay.
(7) Except for state institutional and correctional facilities designated as federal shortage areas, the applicant must serve medicare clients, medicaid clients, low-income clients, uninsured clients, and the population of a federal shortage designation.
(8) Applicants must have a signed employment contract with the physician and guarantee wages for the duration of the contract.
(9) Applicants must cooperate in providing the department with clarifying information, in verifying information already provided, or in any investigation of the applicant’s financial status and payer mix.
(10) Applicants must first apply through any organization with federal or interested governmental agency authority that submits waiver requests for Idaho’s underserved rural areas. Documentation that fully explains why this route was not taken for placement is required as part of the application.
(11) The physician’s name and practice location will be made available to the public as a provider who accepts medicare and medicaid.
(12) An assurance letter that the health care facility, its principals, and the J-1 or national interest waiver petitioning physician are not under investigation for, under probation for, or under restriction for medicare or medicaid fraud, or other violations of law or licensure restrictions that may indicate that it may not be in the public interest that a waiver be granted, must be provided.
(13) The applicant and its principals must be free of default on any federal or state scholarship or loan repayment program such as the national health service corps.
History:
[39-6108, added 2004, ch. 128, sec. 1, p. 440; am. 2009, ch. 106, sec. 8, p. 329; am. 2017, ch. 72, sec. 5, p. 174; am. 2023, ch. 31, sec. 5, p. 153.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6109A - CONTRACT REQUIREMENTS FOR NATIONAL INTEREST WAIVERS.

39-6109A. CONTRACT REQUIREMENTS FOR NATIONAL INTEREST WAIVERS. Throughout the period of obligation, regardless of physician’s visa status, the employment contract must:
(1) Meet state and federal requirements;
(2) Not prevent the physician from providing medical services in the designated shortage area after the term of employment. A noncompetition clause or any provision that purports to limit the national interest waiver physician’s ability to remain in the area upon completion of the contract term is prohibited;
(3) State that the physician must serve medicare clients, medicaid clients, low-income clients, uninsured clients and the population of the federal designation for the area of underservice full time;
(4) Guarantee the physician a base salary of at least ninety-five percent (95%) of step II of the local prevailing wage for the field of practice in the area to be served;
(5) Specify that benefits offered are not included as part of the base salary;
(6) Include annual, sick, continuing medical education and holiday leave;
(7) State that amendments shall adhere to state and federal national interest waiver requirements;
(8) Acknowledge that the contract may be terminated only with cause and cannot be terminated by mutual agreement until the statutorily required five (5) years of medical service have expired;
(9) Be assignable only by the employer to a successor with concurrence of the department;
(10) Include the practice site address, the days and hours of practice and field of medicine;
(11) Include a statement that the employment will start within ninety (90) days after the waiver approval has been issued;
(12) Not be subject to changes which result in termination of contract, change in practice scope or relocation from a site approved in the application. Any proposed changes must be presented in writing to the department for consideration and approval at least thirty (30) days prior to the proposed change. Moving or placement of a physician to a location that was not approved by the department will result in the physician and applicant being in noncompliance with the program. It will also limit the applicant’s future participation in the program; and
(13) Be signed by both the national interest waiver petitioning physician and the applicant employer, and the date it is signed must be clear.
History:
[39-6109A, added 2009, ch. 106, sec. 10, p. 331.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6110 - CRITERIA FOR PROPOSED PRACTICE LOCATION.

39-6110. CRITERIA FOR PROPOSED PRACTICE LOCATION. (1) The proposed practice location must:
(a) Be located in an area of underservice federally designated by the secretary of health and human services; or
(b) Serve patients who reside in an area of underservice federally designated by the secretary of health and human services for flex waiver applications only.
(2) If a new practice location is planned, additional criteria apply. New practice locations must:
(a) Have the legal, financial, and organizational structure necessary to provide a stable practice environment, and must provide a business plan that supports this information;
(b) Support a full-time physician practice;
(c) Have written referral plans that describe how patients using the new practice care location will be connected to existing secondary and tertiary care if needed.
History:
[39-6110, added 2004, ch. 128, sec. 1, p. 442; am. 2009, ch. 106, sec. 11, p. 331; am. 2017, ch. 72, sec. 7, p. 176.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6111 - CRITERIA FOR THE J-1 PETITIONING PHYSICIAN.

39-6111. CRITERIA FOR THE J-1 PETITIONING PHYSICIAN. (1) The petitioning physician must not have a J-1 visa waiver pending for any other employment offer, and must provide a notarized statement testifying to this fact.
(2) The physician must have the qualifications described in recruitment efforts for a specific vacancy.
(3) Petitioning physicians must:
(a) Provide direct patient care full time; and
(b) Be trained in:
(i) Family medicine;
(ii) Internal medicine;
(iii) Pediatrics;
(iv) Obstetrics and gynecology;
(v) General surgery;
(vi) Psychiatry and its subspecialties; or
(vii) Other specialties licensed or eligible for licensure by the Idaho board of medicine, if there is a demonstrated need by the applicant organization.
(4) Physicians must apply and be eligible for an active Idaho medical license. The petitioning physician may be participating in an accredited residency program for this application, but must have successfully completed the third year of their residency training program for their employment contract to be activated. The petitioning physician must have an unrestricted license to practice in the state of Idaho and be board-certified or eligible in his respective medical specialty at the commencement of employment. A copy of the acknowledgment of receipt form from the state board of medicine must be included in the waiver request.
(5) The petitioning physician must agree with all provisions of the employment contract as described in section 39-6109, Idaho Code. Other negotiable terms of the contract are between the petitioning physician and the hiring agency.
(6) The petitioning physician must:
(a)(i) Agree to work full time for no less than three (3) years in an area of underservice in the state of Idaho;
(ii) Provide health care to medicare and medicaid beneficiaries; and
(iii) Serve all individuals within a shortage designation population, including low-income and uninsured individuals; or
(b) Serve the population of a local, state, or federal governmental institution or corrections facility as an employee of the institution.
History:
[39-6111, added 2004, ch. 128, sec. 1, p. 442; am. 2009, ch. 106, sec. 12, p. 332; am. 2014, ch. 61, sec. 2, p. 145; am. 2017, ch. 72, sec. 8, p. 177; am. 2023, ch. 31, sec. 6, p. 154.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6111A - FLEX WAIVERS FOR J-1 PETITIONING PHYSICIANS.

39-6111A. FLEX WAIVERS FOR J-1 PETITIONING PHYSICIANS. The department will accept waiver applications six (6) months after the beginning of each federal fiscal year for petitioning J-1 visa waiver physicians to work in areas without a federal shortage area designation. The practice and petitioning physician must serve patients who reside in federally designated areas of underservice. The maximum number of flex applications may not exceed the total number of waiver slots available.
(1) The practice location must be located outside of a federally designated shortage area to apply for a flex waiver.
(2) The applicant organization and petitioning physician must meet all eligibility, application and reporting requirements with the exception of the practice location.
(3) The applicant organization must submit documentation demonstrating how the practice location and petitioning physician will serve patients who reside in federally designated areas of underservice.
(4) Flex waiver applications must demonstrate a need for the primary care or specialty petitioning physician.
History:
[39-6111A, added 2017, ch. 72, sec. 9, p. 178; am. 2023, ch. 31, sec. 7, p. 155.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6111B - CRITERIA FOR THE NATIONAL INTEREST WAIVER PETITIONING PHYSICIAN.

39-6111B. CRITERIA FOR THE NATIONAL INTEREST WAIVER PETITIONING PHYSICIAN. The national interest waiver petitioning physician must:
(1)(a) Provide direct patient care full time; and
(b) Be trained in:
(i) Family medicine;
(ii) Internal medicine;
(iii) Pediatrics;
(iv) Obstetrics and gynecology;
(v) General surgery;
(vi) Psychiatry and its subspecialties; or
(vii) Other specialties licensed or eligible for licensure by the Idaho board of medicine, if there is a demonstrated need by the applicant organization.
(2) Apply and be eligible for an active Idaho medical license. The physician may be participating in an accredited residency program for this application, but must have successfully completed the third year of his residency training program for his employment contract to be activated. The physician must have an unrestricted license to practice in the state of Idaho and be board-certified or eligible in his respective medical specialty at the commencement of employment. A copy of the acknowledgment of receipt form from the state board of medicine must be included in the waiver request.
(3) Agree with all provisions of the employment contract as described in section 39-6109A, Idaho Code. Other negotiable terms of the contract are between the physician and the hiring agency.
(4)(a)(i) Agree to work full time for no less than five (5) years in an area of underservice in the state of Idaho unless the physician qualifies for the three (3) year service provision under the applicable national interest waiver rules and regulations or the physician is transferring from another area of underservice;
(ii) Provide health care to medicare and medicaid beneficiaries; and
(iii) Serve all individuals within a shortage designation population, including low-income and uninsured individuals; or
(b) Serve the population of a local, state or federal governmental institution or corrections facility as an employee of the institution.
History:
[(39-6111B) 39-6111A, added 2009, ch. 106, sec. 13, p. 333; am. 2014, ch. 61, sec. 3, p. 146; am. and redesig. 2017, ch. 72, sec. 10, p. 178; am. 2023, ch. 31, sec. 8, p. 155.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6112 - JOINT REPORTING REQUIREMENT UPON COMMENCEMENT OF PRACTICE.

39-6112. JOINT REPORTING REQUIREMENT UPON COMMENCEMENT OF PRACTICE. (1) Notification of waiver status and commencement of employment must be submitted to the department upon receipt of written notification of approval from the immigration agency. This notification must include the date the medical service obligation commences, and a copy of the notification of approval from the immigration agency.
(2) The waiver physician and the applicant must, on commencement of practice and annually thereafter or more frequently as determined by the department, and upon expiration of the physician’s service obligation to the underserved area, verify the physician’s practice site address and field of practice. Further, documentation that the population the physician was to serve was indeed served must be submitted. This will include the facility’s payer mix, the number of patients seen by the physician, and the payer mix of those patients. When submitting the final report, the physician must indicate whether he intends to remain in the shortage area to practice.
(3) Sites receiving waiver approval must agree to report to the department on the status of the physician’s activities at the beginning of the physician’s employment and every year thereafter during the three (3) to five (5) year medical service obligation period. Failure to provide these reports within thirty (30) days of the annual anniversary date of approval of the J-1 visa or national interest waiver in an accurate manner or failure to demonstrate good faith in utilizing a physician’s services in accordance with these policies will jeopardize future eligibility for placements and will be cause for reporting and referral to the United States department of state and immigration agency. This referral could ultimately lead to deportation proceedings against the physician.
(4) Any amendments made to the required elements of the employment contract during the physician’s medical service obligation must be reported to the department for review. The department will complete review and provide notice of approval or declination of such amendments within thirty (30) calendar days of receipt.
History:
[39-6112, added 2004, ch. 128, sec. 1, p. 443; am. 2009, ch. 106, sec. 14, p. 334; am. 2017, ch. 72, sec. 11, p. 179.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6113 - APPLICATION FEE.

39-6113. APPLICATION FEE. At the time the application is submitted to the department, an administrative fee must be paid to the department by the applicant. The fee amount will be determined by the director of the department, will not be less than one thousand dollars ($1,000) for a J-1 visa waiver request, and three hundred fifty dollars ($350) for a national interest waiver request, and may be revised at the beginning of the state fiscal year by the director based on costs to administer the program. The fee is nonrefundable.
History:
[39-6113, added 2004, ch. 128, sec. 1, p. 444; am. 2009, ch. 106, sec. 15, p. 334.]