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J-1 Physician Contract Review

The J-1 Visa Waiver Program is designed to bring in doctors from abroad for a temporary period of time. J-1 physicians are required to work full-time at the location they are assigned and have an employment contract that includes those requirements. J-1 Physician Contract Requirements lists all the criteria that must be met by J-1 Physicians before being approved for J-1 waiver program entry into the United States of America. The following is a breakdown of what you need to know about getting your J physician contract set up and ready for approval!

The US Citizen and Immigration Services provides valuable information for those interested in the J-1 process. The J-1 classification is for those who want to participate in an approved program that will allow them the opportunity to teach, instruct or lecture; study and observe; consult with others or demonstrate special skills. You can also receive training while you are there!

The United States Department of State has named public and private entities to act as exchange sponsors. These programs are designed to promote the interchange of persons, knowledge, and skills in fields such as education arts or science.

A designated sponsor is appointed by the U.S Secretary for each J-1 Exchange Visitor program with goals set out on behalf of those visiting America from their home country who will bring back not only new ideas but also unique perspectives when they return home at the end of their stay through cultural exchanges that help broaden international understanding around different cultures which we can all learn something about during this experience.

Application Process

The U.S Department of State plays the primary role in administering the J-1 exchange visitor program, so if you want to get a visa for this trip and your sponsoring agency is not helping out with that process then it’s time to start getting creative. You will need Form DS-2019: Certificate of Eligibility for Exchange Visitor Status (formerly known as an IAP-66) which means working closely with officials at your sponsoring embassy or organization who are assisting through this whole ordeal but don’t worry; they’re there every step along the way!

A responsible officer is someone who has the power to grant a student their Form DS-2019, otherwise known as an I-20. Your RO will be your point of contact for any questions you may have during this process and can help answer anything that comes up. They are also in charge of issuing documents like letters or transcripts if they’re needed before we issue them our coveted document!

The U.S. Department of State provides Form DS-2019 to those who are interested in going abroad for educational purposes and receiving the J-1 visa after acquiring it through their school’s sponsor, which is typically an American university or college with international programs on a F, M ,or Q status . The waiting time for your interview appointment can vary so submitting as early as possible is strongly encouraged (though you may not enter the United States more than 30 days before your program starts).

A J-1 physician should not enter into a contract without having the agreement reviewed by legal counsel first. You need someone to protect your interests. You need a firm grasp of the key terms and their implications. When we do a thorough review of your employment contract, you will receive:

  • Available in any state where that physician is located
  • Flat-rate pricing, with no hidden costs
  • Review of your proposed employment agreement
  • Phone consultation with Attorney Robert Chelle reviewing the contract term by term
  • Follow up with a review of the needed clarifications

Knowing you have professional and experienced help with an employment contract will enable you to take the stress out of trying to do a vital business transaction. You can then focus on what is really important — your patients.

J-1 Waiver Visa Contract Requirements

The employment agreement between the J-1 physician and the employer must contain a number of terms. Each individual state where the J-1 physician will practice will have their own requirements, but all state’s require the following in the Employment Agreement:

  • The contract must specify the name of the service site(s) and the address where the J-1 physician will provide his/her services. (A separate service site application must be completed and submitted for each service site where the physician will perform his/her required full-time hours per week.)
  • J-1 waiver program contract must be for at least full time (at least 40 hours per week) and specify the approved primary care/specialty services which will be provided.
  • The contract must be for at least 3 years
  • The physician must agree to begin employment at the approved service site(s) within 90 days of receiving a J-1 waiver (must state in contract)
  • Until the J-1 physician completes the three-year commitment, the J-1 physician must provide services:
    • At the service site(s) specified in the employment contract,
    • To the patients specified in the employment contract, and
    • In the manner specified in the employment contract

GME Programs and Medical School

Alien physicians must, in order to be eligible for a work permit, applicants must have completed the appropriate educational requirements and training in their home country before coming to America. Successful candidates will need at least an associate degree in accounting from American universities or equivalent experience working as an accountant abroad.

The requirements for an international student vary from program to program. Applicants must be able to adapt the educational and cultural environment they will experience in their programs, have necessary background, needs and experiences suitable for the given fields of study offered at a university or college level institution as well as competency with oral communications such as speaking English fluently so that it can easily comprehend what is being said without any difficulty whatsoever when one listens.

International students are desired by some universities because it allows them more diversity on campus which gives intellectual stimulation through new perspectives while also allowing those who may not especially enjoy interacting with people outside of their own culture than this might create less stress during school days if they had someone close enough culturally similar around them all day long.

If you are looking for the most comprehensive and rigorous medical exam, then look no further than The National Board of Medical Examiners. There are three different ways to pass this examination: Part I & II from either an American or Foreign school; Step 1&2 passing with ECFMG (Educational Commission For Foreign Medical Graduates) in addition to a Visa Qualifying Exam(VQE). It is important that one has passed all parts before their education begins as some US schools require it even after graduation!

The National Board of Medical Exams exists so that physicians can be ensured they have the best training available by offering multiple options on how to complete your certification process.

The government of country was in need of a physician with the skills to provide care. The alien had filed an offer, along with written assurance that he would return after training is complete and they issued permission for him to train

The passage begins by stating there needs be physicians who are needed within the area first before further assessing any individuals qualifications or willingness to serve. Alongside providing documentation ensuring their willingness, educational background as well as proficiency must also reflect what’s required and once these requirements have been met; if so approved it will then permit them entry into this new opportunity.

The agreement includes a contract from the U.S accredited medical school, an affiliated hospital or scientific institution to provide accreditation graduate medical education for the alien physician and is signed by both parties:

The United States has strict requirements when it comes to granting citizenship status that can be met with various documents such as diplomas, transcripts, degrees etc. One of these additional documents required is one detailing how you will receive your training in medicine via affiliation agreements between institutions like colleges/universities that offer this type of training and hospitals where doctors train after graduating too; they are termed “accredited” schools meaning their credits towards certification are recognized nationally (or internationally). This document must detail what year(s) you plan on studying at said institution.

Employment Agreement Review

Contracts are a pervasive and obligatory part of nearly all company and legal transactions. Well-drafted contracts help to enumerate the responsibilities of the involved parties, divide liabilities, protect legal rights, and insure future relationship statuses. These touchstones are even more crucial when applying their roles to the case of a provider employed by a hospital, medical group, or other health care provider. While contract drafting and negotiation can be a long and arduous process, legal representation is a must in order to ensure that your rights are being protected.

The present-day conclusion is simple: A doctor should not enter into any contract without having the agreement reviewed by legal counsel.

There is simply too much at risk for a doctor to take contract matters into their own hands. In addition to the specific professional implications, contract terms can significantly impact a provider’s family, lifestyle, and future. There are many important contract terms and clauses which can present complex and diverse issues for any provider, including:

  • Non-compete clauses
  • Damages
  • Indemnification
  • Verbal guarantees
  • Insurance statements

Additionally, often times the most influential terms and clauses in any employment contract are the ones that are not present. With the advent of productivity based employment agreements it is imperative that any doctor have an employment agreement reviewed before it is executed. Attorney Robert Chelle has practical experience drafting and reviewing provider contracts for nearly every specialty.

New residents, attending physicians, doctors entering into their first employment contract or established physicians looking for new employment can all benefit from a thorough contract review. By employing an experienced attorney for your representation, you can insure that you will be able to fully understand the extensive and complex wording included in your contract. By having a full and complete understanding of the contract, you will be in a better position to make your own decision on whether or not you want to enter into the agreement which will affect your career life for years to come.

The financial benefits gained from having your contract reviewed and negotiated by an experienced healthcare attorney far outweigh the costs associated with a review. You are a valuable resource, and you should be treated and respected as such. Attorney Robert Chelle will personally dedicate his time to make sure that your are fully protected and will assist you in the contract process so that your interests are fairly represented.

Every physician contract is unique.  However, nearly all contracts for health care providers should contain several essential terms.  If these essential terms in the contract are not spelled out in contracts, disputes can arise when there is a disagreement between the parties as to the details of the specific term.  For instance, if the doctor is expecting to work  Monday through Thursday and the employer is expecting the provider to work Monday through Friday, but the specific workdays are absent from the Agreement; who prevails?

Physician Agreement Checklist

Spelling out the details of your job is crucial to avoid contract conflicts during the term of your employment.  Below is a checklist of essential terms that contracts should contain (and a brief explanation of each term):

  1. Practice Services Offered: What are the clinical patient care duties? Are you given time for review of administrative tasks? How many patients are you expected to see (like in pediatrics)?
  2. Patient Care Schedule: What days and hours per week are you expected to provide patient care?  What is the surgery schedule? Are you involved in the planning of your schedule?
  3. Locations: Which facilities will you be scheduled to provide care at (outpatient clinic, surgical sites, in-patient services, etc.)?
  4. Outside Activities: Are you permitted to pursue moonlighting or locum tenens opportunities? Do you need permission from the employer before you accept those practice of medicine related positions?
  5. Disability Insurance: Is disability insurance provided (short-term and long-term)?
  6. Medical License:  Will the practice offer expense repayment for your license? Will an advisor be provided?
  7. Practice Call Schedule: How often are you on call (after hours office call, hospital call (if applicable))?
  8. Electronic Medical Records (EMR): What EMR system is used in the practice of medicine? Will you receive training or time to review the system prior to providing care?
  9. Base Compensation: What is the annual base salary? What is the pay period frequency?  Does the base compensation increase over the term of the Agreement? Is there an annual review or quarterly review of compensation?
  10. Productivity Compensation: If there is productivity compensation; how is it calculated (wRVU, net collections, patient encounters, etc.)? Is there an annual review?
  11. Practice Benefits Summary: Are standard benefits offered: health, vision, dental, life, retirement, etc.?  Who is the advisor of human resource benefits?
  12. Paid Time Off: How much time off does the job offer? What is the split between vacation, sick days, CME attendance and holidays?  Is there a HR guide?
  13. Continuing Medical Education (CME): What is the annual allowance for CME expenses and how much time off is offered?
  14. Dues and Fees: Which financial expenses are covered (board licensing, DEA registration, privileging, AMA membership, Board review)?
  15. Relocation Assistance: Is relocation assistance offered? What are the repayment obligations if the Agreement is terminated prior to the expiration of the initial term?
  16. Signing Bonus: Is an employee signing bonus offered? When is it paid?  Do you have to pay it back if you leave before the initial term is completed? Are student loans paid back?  Is there a forgiveness period for student loans?
  17. Professional Liability Insurance: What type of liability insurance (malpractice) is offered: claims made, occurrence, self-insurance?
  18. Tail Insurance: If tail insurance is necessary, who is responsible to pay for it when the Agreement is terminated?
  19. Term: What is the length of the initial term? Does the Agreement automatically renew after the initial term?
  20. For Cause Termination: What are the grounds for immediate termination for cause?  Is a review provided to dispute the termination?
  21. Without Cause Termination: How much notice is required for either party to terminate the Agreement without case?
  22. Practice Post Termination Payment Obligations: Will you receive production bonuses after the Agreement is terminated?
  23. Non-Compete: How long does the non-compete last and what is the prohibited geographic scope?
  24. Financial Retirement:  Is a financial retirement plan offered?
  25. Non-Solicitation: How long does it last and does it cover employees, patients, and business associates?
  26. Notice: How is notice given? Via hand delivery, email, US mail, etc.?  Does it have to be provided to the employer’s attorney?
  27. Practice Assignment: Can the Agreement be assigned by the employer?
  28. Alternative Dispute Resolution: If there is a conflict regarding the contract, will mediation or arbitration process be utilized?  What is the standard attorney review process for conflict?  Who decides which attorney oversees the process?

If you have questions about claims-made or occurrence coverage and your current malpractice insurance or are interested in having your employment agreement reviewed contact Chelle Law today.