1. (1) To obtain a state recommendation that the visa waiver is in the public interest, any contract that an applicant submits must:

   1. (a) be for employment as:

      1. (i) a primary care physician located within a federally designated primary care Health Professional Shortage Area (HPSA) or Medically Underserved Area/Population (MUA/P); or
      2. (ii) a subspecialty care physician serving a population within a HPSA;

   2. (b) be for employment at a health care facility:

      1. (i) that has been operating for at least one year;
      2. (ii) that accepts Medicaid, Medicare, Children's Health Insurance Program, Primary Care Network, and Utah Medical Assistance Program eligible patients;
      3. (iii) that implements a sliding fee scale, payment schedule, or similar method that demonstrates that the facility provides discounts to any medically indigent patient;;

      4. (iv) that is not under investigation for, under probation for, or under restriction for:

         1. (A) Medicaid or Medicare fraud;
         2. (B) any violation of Division of Professional Licensing statute or rule; or
         3. (C) any other violation of law that may indicate that it may not be in the public interest that a waiver of the two-year home residency requirement be granted; and

      5. (v) where each principal is:

         1. (A) free from default on any federal or state scholarship or loan repayment program offered by the National Health Service Corps or by the state under Section 26B-4-703; and
         2. (B) not under investigation for, under probation for, or under restriction for:
         3. (I) Medicaid or Medicare fraud;
         4. (II) any violation of Division of Professional Licensing statute or rule; or
         5. (III) any other violation of law that may indicate that it may not be in the public interest that a waiver of the two-year home residency requirement be granted; and

   3. (c) document the physician's agreement to:

      1. (i) meet the requirements in 8 USC 1184(k) and (l) and 8 CFR 214.1 and 214.2, as applicable; and
      2. (ii) work an annual full-time equivalency of 40 hours in patient care per week beginning within 90 days of the waiver being granted;
   4. (d) document the health facility and physician's agreement to an obligation to three years of employment; and
   5. (e) specify the address of the health care facility where the physician will practice medicine and describe the geographic area that the physician will serve.
2. (2) The contract may not contain a non-competition clause or any other provision that would discourage or inhibit the physician from working anywhere in the state upon termination of employment with the health care facility.

KEY: waivers, underserved, physicians

Date of Last Change: November 9, 2025

Notice of Continuation: April 23, 2025

Authorizing, and Implemented or Interpreted Law: 26B-1-202