§ 39-6116 — DEPARTMENT REVIEW AND ACTION

(1) The department will review applications for completeness in date order received.
(2) Applications submitted for petitioning physicians with language skills appropriate to the community they wish to serve will be given priority.
(3) Selection preference will be given to applications received from health professional shortage areas having the greatest unmet need for physicians.
(4) Applications must be mailed, sent by commercial carrier, or delivered in person. Applications may not be sent electronically. The department is not responsible for applications or related materials lost in the mail.
(5) The department may limit the time period during which applications may be submitted including refusing to process applications after the department has submitted requests for all applications allowed in a given federal fiscal year.
(6) In the event an applicant for a J-1 visa waiver or a national interest waiver submits an application to the department, the department will acknowledge receipt of the copy of the application within five (5) business days of receipt.
(7) The department will review applications within thirty (30) working days of receipt of the application to determine if the application is complete and provide a written explanation of missing items.
(8) An additional fee will not be charged for incomplete applications if the missing items are provided within thirty (30) calendar days of the date on the letter of explanation from the department. If new information is not received within this time frame, the application will be returned to the applicant. The application fee will not be returned.
(9) The department will return applications and application fees to applicants having had five (5) approved J-1 visa waiver requests in the current federal fiscal year for the shortage area or applications received after thirty (30) placements have been recommended.
(10) The department will review complete applications against the criteria specified in this chapter.
(11) The department may:
(a) Request additional clarifying information;
(b) Verify information presented;
(c) Investigate the financial status of the applicant;
(d) Request verification of the health care facility’s payer mix for the previous twelve (12) to eighteen (18) months; and
(e) Return the application as incomplete if the applicant does not supply the requested clarifying information in its entirety within thirty (30) days of request. The application fee is nonrefundable. Incomplete applications must be resubmitted with the application fee. Resubmitted applications will be considered new applications and will be reviewed in date order received.
(12) The department may request the director of the United States department of state to recommend that the immigration agency grant the J-1 visa waiver.
(13) The department may provide a letter of attestation to the immigration agency that the physician’s work in Idaho is in the public interest for a national interest waiver.
(14) The department will notify the applicant in writing of action taken by the department. If the decision is to decline the J-1 visa waiver or national interest waiver request, the department will provide an explanation of how the application failed to meet the stated criterion or criteria. The application fee is nonrefundable.
(15) The department may deny a J-1 visa waiver or national interest waiver request or, prior to United States department of state or immigration agency approval, may withdraw a J-1 visa waiver or national interest waiver recommendation for cause, which shall include the following:
(a) The application is not consistent with state or federal criteria;
(b) Fraud;
(c) Misrepresentation;
(d) False statements;
(e) Misleading statements;
(f) Evasion or suppression of material facts in the J-1 visa waiver or national interest waiver application or in any required documentation and supporting materials;
(g) Incomplete or insufficient information; or
(h) Allowable number of recommendations for the facility or year has been met.
(16) Applications denied may be resubmitted with concerns addressed, with the application fee. Resubmitted applications will be considered new applications and will be reviewed in date order received.
(17) The department retains the authority to audit, monitor and conduct unannounced site visits.

Legislative History

[39-6116, added 2004, ch. 128, sec. 1, p. 445; am. 2009, ch. 106, sec. 18, p. 337; am. 2017, ch. 72, sec. 15, p. 182; am. 2023, ch. 31, sec. 11, p. 159.]