Section 1200-20-11-.05 - APPLICATION REVIEW, APPROVAL, DENIAL(1) The Department will only consider a complete application that has arrived by certified mail submitted by the sponsoring employer on behalf of the physician. Submittal by any other means, including, but not limited to, hand delivered or incomplete applications, will be rejected and the application will be returned COD/certified to the sponsoring employer. The HRSAs will be designated annually. Applications for primary care practitioners will only be accepted for the HRSAs in effect at the time the complete application is received. For the federal fiscal year 2003 only, physician specialist applications will be accepted until September 30, 2003.(2) If an employer proposes to utilize the J-1 primary care physician at more than one (1) site located within a HPSA and/or MUA, either of which must also be located within a HRSA, or if an employer proposes to utilize the physician specialist in affiliation with more than one (1) hospital within a HPSA or MUA or the qualifying location, the name and location of each facility and a schedule of the days and hours that the physician will be available at each site must be included in the application.(3) Completed applications will be considered in the order in which they were received. All completed applications received beyond the maximum number of placements permitted by federal law per year will be held in a pending file to be reconsidered before any other applications at the beginning of the new federal fiscal year. In order to receive such reconsideration, however, an applicant must submit a request, in writing, setting forth his/her desire to be reconsidered, and such request must be received by the Department prior to the commencement of the Department's reconsideration process. Upon the Department's receipt of a written request for reconsideration, each applicant will be contacted by the Department to confirm its receipt of the request and confirm the applicant's continued desire for reconsideration.(4) The Department will review each waiver application to ensure that the proposed placement will not adversely affect or compromise delivery of health care in the HPSA or MUA in a HRSA service area. The Department is wholly responsible for the interpretation of this policy.(5) Once it is determined the application is complete and the applicant meets all of the appropriate requirements, a number will be assigned to the application which indicates that the Department has accepted the application as one of its allowable placements. A certified letter will be sent to the sponsoring employer notifying the sponsoring employer that the application has been forwarded to the appropriate federal agency for processing.(6) If the applicant does not meet State requirements, the Department will notify the sponsoring employer by certified mail. Notification of a failure to meet federal requirements will be made by the federal agency directly to the Department which, in turn, will notify the sponsoring employer.Tenn. Comp. R. & Regs. 1200-20-11-.05
Original rule filed May 30, 1997; effective September 28, 1997. Repeal and new rule filed April 28, 2000; effective July 12, 2000. Amendment filed January 31, 2003; effective May 30, 2003. Repeal and new rule filed December 12, 2003; effective February 25, 2004. Public necessity rule filed May 19, 2006; effective through October 31, 2006. Amendment filed May 31, 2006; effective September 28, 2006.Authority: T.C.A. §§ 4-5-202, 4-5-204, 68-1-103, 68-1-121, and Public Acts of 2003; Chapter 117.