J-1 Conrad Waivers: FY 2023 Maryland Applications to Open October 1

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The Maryland Department of Health (MDH) recently released its July 2022 Maryland Conrad 30 (J-1 Visa Waiver) Program Policy and Procedures. This policy is effective October 1, 2022 for the 2023 fiscal year. The Conrad 30 (J-1 Visa Waiver) program allows qualified foreign medical graduate (FMG) physicians to apply for a waiver of the 2-year foreign residence requirement. Recipients of a Conrad waiver remain in the United States to provide essential healthcare services in underserved areas of the United States. The law requires the recipient of such a waiver to work full-time for three years.

The MDH will accept applications from October 1 to December 1, 2022. Waiver selections will be made after the application period closes. The MDH is permitted to select 30 waiver candidates. In a prior post, I discussed the basic requirements of the Conrad 30 waiver program. In recent years, the MDH has notified physicians and employers of selection for a waiver slot in February-March of the following year. Waiver selections in Maryland are competitive; 29-30 foreign physicians have been selected each year since 2011 to provide critical healthcare for Marylanders through this program.

Application requirements closely track those of prior years, including contract requirements set forth in section C(3) that require key details such as practice site location(s). A key goal of the waiver program is to increase sustained access to medical care. Accordingly, contracts must not include restrictive covenants (e.g., non-compete clauses) that prevent or discourage the J-1 physician from continuing to practice in the service area. In addition to tracking program compliance and J-1 physician retention with its annual Verification of Employment, the MDH will work with the National Rural Recruitment and Retention Network’s (3RNet) Provider Retention & Information System Management (PRISM) to survey participating physicians and practice site administrators.

The Maryland J-1 Waiver Program allows FMGs to play a key part in alleviating staffing shortages and bringing their expert medical services to underserved areas and populations. In light of the upcoming deadline, we recommend that employers plan ahead and start the waiver process as soon as a candidate is identified.

Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. The author has provided the links referenced above for information purposes only and by doing so, does not adopt or incorporate the contents. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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