16 Del. Admin. Code § 4104-1.0 - Purpose and Scope

1.1 This document will specify the procedures to be used by the Delaware Department of Health and Social Services in administering the Conrad State 30/J-1 Visa Waiver Program.

1.2 DHSS is committed to ensuring that quality health care is available to all residents of the State of Delaware. 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.

1.3 Under this Program, DHSS established state-specific procedures that require sponsoring sites to submit a Site Application. This application consists of:

1.3.1 Needs assessment;

1.3.2 Proof that the sponsoring site has unsuccessfully attempted over a 3-month period to hire a physician with United States citizenship;

1.3.3 Strategy for long-term and short-term retention;

1.3.4 Sponsoring site waiver agreement; and

1.3.5 A Site Application form.

1.4 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.

1.5 The Site Application will be reviewed and approved or disapproved by a Conrad 30, J-1 Physician Visa Waiver Board. DHSS will provide written notice to the site of the application's approval/disapproval. A J-1 Visa Waiver Application for a 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.

1.6 DHSS will submit recommendations to the Delaware Department of State 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 3 years in a federally designated health professional shortage area or a medically underserved area of Delaware, or other underserved area using a flex slot, with a pre-approved site.

1.7 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 federal fiscal year. DHSS reserves the right to recommend or decline any request for a waiver.

1.8 Utilizing Additional J-1 Visa Waiver Routes/Resources: If a physician appears to qualify for the U.S. Department of Health and Human Services' Exchange Visitor Program, DHSS will contact that physician's attorney with a recommendation to utilize the HHS Program. The applying site is not required to follow the recommendation. The Conrad 30, J-1 Visa Waiver Application will be processed as received without penalty if the site chooses to move forward with processing the Conrad physician application. The Program manager will provide technical assistance to any provider who qualifies for either of these programs.

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

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

Notes

16 Del. Admin. Code § 4104-1.0

28 DE Reg. 884 (6/1/2025) (Final)