Health, Health Systems Improvement, Primary Care and Rural Health

Rule R434-100

Physician Visa Waiver

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34129
Filed: 09/30/2010 08:47:18 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 26-1-18 allows the statutory authority to the Utah Department of Health as the health, health planning, and medical assistance authority of the state and is the sole state agency for administration of federally assisted state programs or plans for public health, health planning, maternal and child health, crippled children's services, and medical assistance. The Conrad State 30 J-1 Visa Waiver Program is a federally assisted program managed by the Utah Department of Health.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments were received when the rule change was made in September 2008. No comments have been received on the Conrad 30 J-1 Visa Waiver Program from the State, local governments, small businesses, or other persons other than businesses.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule should continue because the Utah Department of Health continues to be designated by the United States Department of State (USDOS) and the United States Citizenship and Immigration Service (USCIS) as the agency approved to review and recommend Conrad 30 J-1 Visa Waivers to eligible physicians. The Utah Department of Health continues to have the authority to recommend to the USDOS waivers, which they then send on to the USCIS for final approval and granting. Conrad 30 J-1 Visa Waiver requests continue to come into the Utah Department of Health from physicians and health care facilities needing physicians to serve Utah's medically underserved populations.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Erin Olsen at the above address, by phone at 801-273-6618, by FAX at 801-273-4146, or by Internet E-mail at elolsen@utah.gov

Authorized by:

David Sundwall, Executive Director

Effective:

09/30/2010