44:63:02:10.  Employment contract. Each application shall include a complete copy of the minimum three-year employment contract between the J-1 physician and the employing facility. The J-1 physician and the employing facility shall sign and date the contract. The employment contract shall include the following:

          (1)  Name and address of the employing facility;

          (2)  Name and address of the J-1 physician;

          (3)  The specific shortage area in which the J-1 physician will practice;

          (4)  That the J-1 physician will practice full-time;

          (5)  That the J-1 physician will practice a minimum of 64 hours per four week period direct patient care within the shortage area identified in the contract;

          (6)  That the J-1 physician may provide up to 96 additional hours per four week period under any of the following conditions:

               (a)  Providing care to patients in either the hospital inpatient or outpatient department if the hospital is shown to serve a significant portion of shortage area residents;

               (b)  Clinical outreach to underserved populations residing in a shortage area, whether directly in person or by electronic means. If by electronic means, the remote site must be located within a shortage area. If provided in person, the setting must be located in a shortage area;

               (c)  Public health services if approved by the department; or

               (d)  Direct patient care in a facility or setting that serves the underserved, as evidenced by the posting of a notice of a discounted fee program as an adopted policy of the facility. The discounted fee program must follow the following standards: 100% of the federal poverty level (FPL) or less = 100% discount; 101% to 125% of the FPL, inclusive, = 80% discount; 126% to 150% of the FPL, inclusive, = 60% discount; 151% to 175% of the FPL, inclusive, = 40% discount; and 176% to 200% of the FPL, inclusive, = 20% discount;

          (7)  That the J-1 physician will begin employment at such facility within 90 days of receiving the waiver as well as continue to work at the facility for a total of not less than three years;

          (8)  That the J-1 physician will accept assignment under the Social Security Act § 1842(b)(3)(ii) as full payment for all services for which payment may be made under part B of Title XVIII of such act (Medicare);

          (9)  A sentence describing what field of medicine the J-1 physician will practice;

          (10)  Language requiring that the contract be terminated only for cause and cannot be terminated by mutual agreement until after expiration of the required three-year period of service;

          (11)  No noncompete clause or provision that purports to limit the J-1 physician's ability to remain in the area upon completion of the contract; and

          (12)  An attachment provided by the department titled "J-1 Employment Contract Policy of the South Dakota Department of Health".

          Source: 28 SDR 47, effective October 4, 2001; 29 SDR 107, effective February 3, 2003; 37 SDR 235, effective June 27, 2011.

          General Authority: SDCL 36-2-22.

          Law Implemented: SDCL 36-2-21, 36-2-22.