September
2008 Newsletter
CONGRESS PASSES CONRAD J-1 WAIVER EXTENSION
September 29, 2008
By Robert D. Aronson
TO OUR PHYSICIAN AND ACADEMIC CLIENTELE::
Both houses of Congress have now passed a stop-gap
measure that will extend the Conrad State 30 Waiver Program until
March 6, 2009. The sole substantive change from the existing
legislation is that the "Flexibility Waivers" have
been doubled from five to ten waivers per year. This will provide
state departments of health increased flexibility to recommend
waivers to meritorious placements in which the physician will
serve indigent and the medically underserved patients even though
the physician's physical location of practice is not located
in a designated medically underserved area.
This enactment is now being sent to President Bush
who is expected to sign this legislation within the next 10 days.
I envision that the main beneficiaries of this
slight redesign in the waiver program will be academic medical
centers, which generally serve as important safety-net providers
of medical services to the indigent and medically underserved.
In many cases, academic medical centers are not located in medically
underserved areas and thus far, the five waiver slots have oftentimes
proven to be insufficient to satisfy the physician staffing needs
of such institutions. Particularly in recent years, many states
have not used up their entire annual allotment of 30 waivers
and have seen their unused numbers go to waste without being
able to satisfy the legitimate waiver needs of medical facilities
that substantially contribute to the healthcare needs of at-risk
populations. This amended legislation is intended to relieve
some of the pressures for such institutions by doubling the number
of "Flexibility Waivers" and to give state healthcare
planners increased flexibility to channel J-1 physicians into
placements of maximum social benefit.
Assuming that the President signs this legislation
(as seems highly likely), the states will be able to use the
new, expanded "Flexibility Waivers" immediately - i.e.,
in the fiscal year that will start on October 1, 2008.
We anticipate that following the Presidential election,
the new Congress will again take up a more far-reaching, long-term
consideration of this waiver program. Generally, the Conrad Waiver
Program is regarded as a popular and effective initiative to
enhance physician coverage in hard-to-fill placements of benefit
to the indigent, uninsured, and medically at-risk. So, the basic,
underlying public policy objectives of this program seem to resonate
well within the communities and states. What remains to be seen
is whether successor legislation will keep the current architecture
of the program or substantially revise and enhance the entire
role of International Medical Graduates as an important physician
provider source to meet the physician workforce shortages that
now afflict so many communities.
We intend to remain an active voice in new developments
for the foreign physician community and their employers and important
source of information on these new developments. Please feel
free to contact us with questions on this information or any
other immigration-related development of interest to you.
As always, please feel free to distribute this Newsletter to other
interested recipients and by all means, please bring any questions
or comments to my attention. It is always a pleasure to hear from
those whom we serve.
Cordially,
ROBERT D. ARONSON
This memorandum is one of a series
of communications prepared as a general public service to our
clients and friends. The information herein presented is not
intended nor should it be utilized as legal advice on any specific
situation. Furthermore, given the rapid pace of change, the
veracity of this information is constantly subject to modification
and/or reversal. Rather, this piece represents a good faith
attempt to orient clients and other interested parties served
byAronson& Associates to current immigration developments.
This piece in no manner supercedes the need to seek competent
legal advice when engaged in activities carrying possible immigration-related
consequences.
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