16 Del. Admin. Code § 4104-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4104-3.0 - Policy Statements

3.1 DHSS is committed to ensuring that quality health care is available to all residents of the State of Delaware. In an effort to ensure adequate medical services are provided in underserved areas, DHSS has elected to take advantage of the Conrad State 30/J-1 Visa Waiver Program.

3.2 Under this program, DHSS has established state-specific procedures that require sponsoring sites to submit a Site Application. This application consists of 1) a needs assessment, 2) proof that the sponsoring site has unsuccessfully attempted over a six month period to hire a physician with United States citizenship, 3) three letters of support from community leaders without financial interest in the practice site who reside in the practice site's service area, 4) strategy for long-term and short-term retention, 5) sponsoring site waiver agreement, 6) non-refundable processing fee of $200, and 7) a site application form.

3.3 The needs assessment must establish and document that a particular need exists within the sponsoring site's service area before the site will be approved to hire a J-1 physician under the Conrad State 30/J-1 Visa Waiver Program. The onus to establish the need rests solely with the sponsoring site.

3.4 The Site Application will be reviewed and approved or disapproved by a Board. DHSS will provide written notice to the site of the application's approval/disapproval. A J-1 visa waiver application for a particular J-1 physician may not be submitted until the sponsoring site has been approved. J-1 visa waiver applications will only be accepted from J-1 physicians who have signed a contract with a pre-approved site.

3.5 DHSS will submit recommendations to the DOS on behalf of qualified J-1 physician applicants who agree to practice medicine full-time at a pre-approved sponsoring site for a minimum of three years in a federally designated Health Professional Shortage Area (HPSA) or a Medically Underserved Area (MUA) of Delaware, or other underserved area using a flex slot, with a pre-approved site.

3.6 DHSS participation in the Conrad State 30/J-1 Visa Waiver Program is completely discretionary and voluntary. DHSS may elect not to participate in the Program at any time. The submission of a complete waiver package does not ensure DHSS will recommend a waiver . No more than 30 applications will be approved each fiscal year. DHSS reserves the right to recommend or decline any request for a waiver.

3.7 The Delaware Division of Public Health shall charge a non-refundable processing fee of $200 to each sponsoring site submitting a Site Application at the time the application is submitted. A non-refundable processing fee of $250 shall be charged to each pre-approved site to process the waiver request application for each J-1 physician that the site plans to employ. The check is to be made payable to the State of Delaware, and mailed to the attention of the Bureau at the following address:

Conrad State 30 Program Manager

Delaware Division of Public Health

417 Federal Street, Jesse Cooper Building

Dover, Delaware 19901

3.8 DHSS reserves the right to bar sites and/or physicians found to be non-compliant with program policies and/or to have a high turnover rate of J-1 physicians from future program participation.

3.9 This policy applies in full to any waiver submitted on behalf of a J-1 physician to be employed in Delaware.

16 Del. Admin. Code § 4104-3.0

17 DE Reg. 233( 8/1/2013)(Final)