§ 2403 : EMPLOYMENT PROTECTIONS FOR PHYSICIANS |
IN GENERAL.— Section 214(l)(1)(C)(8 U.S.C. 1184(l)(1)(C)) is amended by striking clauses (i) and (ii) and inserting the following:
the alien demonstrates a bona fide offer of full-time employment, at a health care organization, which employment has been determined by the Secretary of Homeland Security to be in the public interest; and
the alien agrees to begin employment with the health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals by the later of the date that is 90 days after receiving such waiver, 90 days after completing graduate medical education or training under a program approved pursuant to section 212(j)(1), or 90 days after receiving nonimmigrant status or employment authorization,provided that the alien or the alien’s employer petitions for such nonimmigrant status or employment authorization within 90 days of completing graduate medical
[Schumer1]education or training and agrees to continue to work for a total of not less than 3 years in any status authorized for such employment under this subsection, unless—
the Secretary determines that extenuating circumstances exist that justify a lesser period of employment at such facility or organization, in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization, for the remainder of such 3-year period;
the interested agency that requested the waiver attests that extenuating circumstances exist that justify a lesser period of employment at such facility or organization in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization so designated by the Secretary of Health and Human Services, for the remainder of such 3-year period; or
if the alien elects not to pursue a determination of extenuating circumstances pursuant to subclause (I) or (II), the alien terminates the alien’s employment relationship with such facility or organization, in which case the alien shall be employed for the remainder of such 3- year period, and 1 additional year for each termination, at another health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals;
PHYSICIAN EMPLOYMENT IN UNDERSERVED AREAS.—Section 214(l)(1) (8 U.S.C. 1184(l)(1)), as amended by subsection (a), is further amended by adding at the end the following:
If a physician pursuing graduate medical education or training pursuant to section 101(a)(15)(J) applies for a Conrad J—1 waiver with an interested State department of health and the application is denied because the State has requested the maximum number of waivers permitted for that fiscal year, the physician’s nonimmigrant status shall be automatically extended for 6 months if the physician agrees to seek a waiver under this subsection (except for subparagraph (D)(ii)) to work for an employer in a State that has not yet requested the maximum number of waivers. The physician shall be authorized to work only for such employer from the date on which a new waiver application is filed with the State until the date on which the Secretary of Homeland Security denies such waiver or issues work authorization for such employment pursuant to the approval of such waiver.
GRADUATE MEDICAL EDUCATION OR TRAINING.— Section 214(h)(1), as amended by section 4401(b)of this Act, is further amended by inserting (J) (if entering the United States for graduate medical education or training), after (H)(i)(c)
[end]CONTRACT REQUIREMENTS.— Section 214(l)(8 U.S.C. 1184(l)) is amended by adding at the end the following:
An alien granted a waiver under paragraph (1)(C) shall enter into an employment agreement with the contracting health facility or health care organization that—
specifies the maximum number of on-call hours per week (which may be a monthly average) that the alien will be expected to be available and the compensation the alien will receive for on-call time;
specifies whether the contracting facility or organization will pay for the alien’s malpractice insurance premiums, including whether the employer will provide malpractice insurance and, if so, the amount of such insurance that will be provided;
describes all of the work locations that the alien will work and a statement that the contracting facility or organization will not add additional work locations without the approval of the Federal agency or State agency that requested the waiver; and
does not include a non-compete provision.
An alien granted a waiver under paragraph (1)(C) whose employment relationship with a health facility or health care organization terminates during the 3- year service period required by such paragraph—
shall have a period of 120 days beginning on the date of such termination of employment to submit to the Secretary of Homeland Security applications or petitions to commence employment with another contracting health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals;
shall be considered to be maintaining lawful status in an authorized stay during the 120-day period referred to in subsection (A); and
shall not be considered to be fulfilling the 3-year term of service during the 120-day period referred to in subparagraph (A)