16 Del. Admin. Code § 4104-3.0 - Definitions

State Regulations
Compare

The following words and terms, when used in this regulation, have the following meaning:

"Board" means the Delaware Conrad State 30/J-1 Visa Waiver Program Sponsoring Site Application Review Board.

"DHSS" means the State of Delaware Department of Health and Social Services.

"DPH" means the State of Delaware Department of Health and Social Services Division of Public Health.

"Emergent need" means a need that demonstrates an unusual and critical urgency for the placement of a J-1 physician, such as the death, unexpected departure, or sudden retirement of a clinical physician providing many medical care needs at the sponsoring site.

"Health professional shortage area" or "HPSA" means an area defined by the federal Department of Health and Human Services as having a shortage of health care providers.

"J-1 physician" means an international medical graduate physician completing graduate medical education in the United States under a J-1 Visa. These physicians are required to return to the country of nationality for at least 2 years before reentering the United States unless a J-1 Visa waiver is granted.

"Medically underserved area" or "MUA" means an area, as defined by the Department of Health and Human Services, under the National Health Service Corps in 1970 as not having an adequate supply of health care providers.

"Practice site" means the physical location at which the J-1 physician will provide medical services. This location can be different from the sponsoring site location if, for example, a satellite office is used.

"Primary care fields" means the following four fields: family practice, general internal medicine, general pediatrics, and obstetrics/gynecology.

"Processing fee" means the non-refundable $500 fee that Delaware Division of Public Health shall charge to each sponsoring site submitting a Physician Application at the time the application is submitted. The check should be made payable to the State of Delaware.

"Program" means the Delaware Division of Public Health Conrad State 30/J-1 Visa Waiver Program.

"Public Law" or "PL" means federal statute that governs affairs between individuals and government, between different institutions within a state, and between the branches of government.

"Recruitment contact" means the primary point of contact to be used by the Delaware Department of Health and Social Services Conrad State 30 Program Manager.

"Screening for Life Health Care Connection" means a program that assists uninsured Delaware residents who meet specific financial requirements to obtain preventative healthcare, as well as medical services at an affordable cost.

"Service area" means the geographic area in closest proximity to the practice site, from which many patients are derived.

"Sponsoring site" means the medical practice through which the J-1 physician will provide medical services.

"U.S. Department of State, Bureau of Consular Affairs Waiver Review Division" means the federal agency that reviews the recommendations submitted by interested state agencies on behalf of J-1 physician applicants. In turn, they submit recommendations to the Immigration and Naturalization Service for final determination of approval/disapproval.

"VIP" means the voluntary initiative program, which represents the network of contributing physicians, allied health practitioners and ancillary service providers throughout the state that serve the uninsured residents of Delaware who are enrolled in the Health Care Connection program through the Department of Public Health.

Notes

16 Del. Admin. Code § 4104-3.0

17 DE Reg. 233 (8/1/2013)
28 DE Reg. 884 (6/1/2025) (Final)

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.

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.

Notes

16 Del. Admin. Code § 4104-3.0

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