S.744 Immigration bill - Sec. 2403: EMPLOYMENT PROTECTIONS FOR PHYSICIANS
Posted Wed, Apr 17, 2013 at 4:56 pm
- (a) In General- Section 214(l)(1)(C) (8 U.S.C.
1184(l)(1)(C)) is amended by striking clauses (i) and (ii) and inserting
the following:
- `(i) the alien demonstrates a bona fide offer of
full-time employment, at a health care organization, which employment
has been determined by the Secretary of Homeland Security to be in the
public interest; and
- `(ii) the alien agrees to begin employment with the
health facility or health care organization in a geographic area or
areas which are designated by the Secretary of Health and Human Services
as having a shortage of health care professionals by the later of the
date that is 90 days after receiving such waiver, 90 days after
completing graduate medical education or training under a program
approved pursuant to section 212(j)(1), or 90 days after receiving
nonimmigrant status or employment authorization, and agrees to continue
to work for a total of not less than 3 years in any status authorized
for such employment under this subsection unless--
- `(I) the Secretary determines that extenuating
circumstances exist that justify a lesser period of employment at such
facility or organization, in which case the alien shall demonstrate
another bona fide offer of employment at a health facility or health
care organization, for the remainder of such 3-year period;
- `(II) the interested State agency that
requested the waiver attests that extenuating circumstances exist that
justify a lesser period of employment at such facility or organization
in which case the alien shall demonstrate another bona fide offer of
employment at a health facility or health care organization so
designated by the Secretary of Health and Human Services, for the
remainder of such 3-year period; or
- `(III) if the alien elects not to pursue a
determination of extenuating circumstances pursuant to subclause (I) or
(II), the alien terminates the alien's employment relationship with such
facility or organization, in which case the alien shall be employed for
the remainder of such 3-year period, and 1 additional year for each
termination, at another health facility or health care organization in a
geographic area or areas which are designated by the Secretary of
Health and Human Services as having a shortage of health care
professionals; and'.
- (b) Contract Requirements- Section 214(l) (8 U.S.C. 1184(l)) is amended by adding at the end the following:
- `(4) An alien granted a waiver under paragraph (1)(C) shall
enter into an employment agreement with the contracting health facility
or health care organization that--
- `(A) specifies the maximum number of on-call hours per
week (which may be a monthly average) that the alien will be expected to
be available and the compensation the alien will receive for on-call
time;
- `(B) specifies whether the contracting facility or
organization will pay for the alien's malpractice insurance premiums,
including whether the employer will provide malpractice insurance and,
if so, the amount of such insurance that will be provided;
- `(C) describes all of the work locations that the alien
will work and a statement that the contracting facility or organization
will not add additional work locations without the approval of the
Federal agency or State agency that requested the waiver; and
- `(D) does not include a non-compete provision.
- `(5) An alien granted a waiver under paragraph (1)(C) whose
employment relationship with a health facility or health care
organization terminates during the 3-year service period required by
such paragraph--
- `(A) shall have a period of 120 days beginning on the
date of such termination of employment to submit to the Secretary of
Homeland Security applications or petitions to commence employment with
another contracting health facility or health care organization in a
geographic area or areas which are designated by the Secretary of Health
and Human Services as having a shortage of health care professionals;
and
- `(B) shall be considered to be maintaining lawful
status in an authorized stay during the 120-day period referred to in
subsection (A).'.
2403
EMPLOYMENT PROTECTIONS FOR PHYSICIANS