Conrad 30 and Physician Access Act of 2013 (S.616) Will Benefit Medically Underserved Communities in the United States

My practice is concentrated in the representation of foreign medical graduates (FMG’s), and the health care employers who rely on these physicians to help provide medical care to medically underserved communities throughout the United States. For the past several years, I have participated as a member of an advocacy team, promoting federal legislation which would remove some of the legal barriers and pitfalls which inhibit the recruitment, placement and retention of FMG’s to some of the neediest communities in our country.

 

On February 20 of this year I traveled to Washington and spoke with several Senate and House staff persons, for the purpose of promoting beneficial legislation. It is beginning to look like our efforts may be coming to fruition. On March 18, 2013, a bi-partisan group of Senators introduced S.616, the “Conrad 30 and Physician Access Act”. This proposed legislation contains several features which would improve the legal environment for FMG’s. The bill is budget neutral, i.e. it does not require any expenditure of money, and it enjoys bi-partisan support. The bills co-sponsors are, Sen. Amy Klobuchar (D. MN), Sen. Heidi Heidkamp (D. ND), Sen. Jerry Moran (R. KS), and Sen. Susan Collins (R. ME). The bills principal features are:

 

Removes sunset provision of Conrad 30 program, making it a permanent program. It is now scheduled to expire in 2015

 

Exempts National Interest Waiver physicians from the worldwide immigration quotas. This provision would encourage FMG’s to work for five years in an underserved area.

 

Employment Protection Provisions:

 

Would allow an FMG to leave an employer during the 3 year J-1 waiver obligation period, without demonstrating “extenuating circumstances”, merely by agreeing to serve an additional year of service.

 

Doctors whose employment is terminated would have 120 days to begin new employment in an underserved area before being considered out of status.

 

Increases Conrad 30 numbers: When at least 90% of states (not including states that approved less than 5 waivers) have exhausted the Conrad 30 slots in a given year, all states would be allotted 5 additional slots for the following year.

Academic Medical Centers will be granted 3 waivers per state. These are in addition to the Conrad 30 waivers.

 

J-1 Dual Intent: FMG’s who enter the US as J-1 exchange visitors, in order to undertake graduate medical training, would not be subject to Sec. 214(b), which requires nonimmigrants to prove that they are not intending immigrants.

 

Alternate Visa Status: During the Conrad 3 year service period, FMG’s would be permitted to hold statuses other than the H-1B.

 

National Interest Waiver provisions:

Clarifies that specialists are eligible for the physician national interest waiver.

Allows the NIW for “flex” locations, i.e. locations outside medical shortage areas, but in facilities that serve surrounding shortage areas.

 

I believe these provisions would help alleviate some of the legal impediments to the placement of foreign medical graduates in underserved areas.  We are urging all of our health care employer clients to contact their Senators and to urge support for Senate Bill 616, the “Conrad 30 and Physician Access Act”.