64W-1.003. Eligibility

(1) Employer Eligibility.

(a) The sponsoring facility/employer and all practice site locations must accept Florida Medicaid clients and be actively billing Florida Medicaid, whether through Fee-For-Service or as a Medicaid Managed Care Plan provider. All physicians at the practice site location must accept Medicaid. The applicant physician cannot be the only physician in the practice accepting Medicaid; and

(b) All employers, facilities and practice locations must be physically located in Florida.

(2) Physician Eligibility.

(a) Applicants must currently reside in the United States of America;

(b) Applicants must have a U.S. Department of State (USDOS) case number at the time of application;

(c) Applicants must have applied only for the Conrad 30 Waiver Program sponsorship from the Florida Department of Health (Department); and

(d) Applicants must have a clear, active Florida medical license that is effective on or before the last date of the application period as defined in subsection 64W-1.006(1) F.A.C.

(3) Employment Contract Eligibility. For an employment contract to be considered eligible, it must include:

(a) Signatures of both the physician and employer;

(b) The date the document was signed, either next to the signature or under it:

(c) All practice locations must be clearly delineated, including the physical address. Any language that states the practice location can be changed to any location not listed or locations added at a future date, without prior notification to the Department as required by Rule 64W-1.008, F.A.C., will make the contract ineligible;

(d) A statement that the physician will practice direct patient care for a minimum of 40 hours per week. Any language that alters the weekly 40 hours of direct patient care will make the contract ineligible. Any mention of shift work will require a detailed explanation on how the 40 hours of direct patient care will be provided;

(e) A minimum 3-year term of full-time employment, including the specific start and end dates;

(f) The statement that “full-time employment shall commence within 90 days after the waiver is approved by U.S. Citizenship and Immigration Services (USCIS).” Any language that adds caveats to this statement will make the contract ineligible;

(g) A description of the geographic area served by the facility;

(h) A clause stating that the Department Primary Care Office will be notified in writing at least 60 days prior to the termination of the contract by either party or immediately upon termination, if an immediate termination occurs;

(i) There shall not be any non-compete clauses/provisions; and

(j) Termination of employment provisions shall provide that termination is only for cause;

(k) If the Offer of Employment letter includes provisions that are legally binding, it is part of the contract, and must be included with any contract and addendums. It must not be used as the Practice Facility Cover Letter; and

(l) Any addendum or attachment that alters the original terms of the contract must also be signed and dated by both the physician and the employer as described in paragraphs (a) and (b) above.

Rulemaking Authority 381.4018(3) FS. Law Implemented 381.4018 FS. History–New 8-12-21, Amended 10-24-22.