Mark
G. Tozzio, FACHE, senior vice president, Business Development and Marketing,
CHI - St. John's Regional Medical Center, Joplin, Missouri
ORGANIZATIONAL
INFORMATION
The organization is a full-service tertiary-level rural healthcare system
with 392 inpatient beds and comprehensive outpatient diagnostic and
treatment services; its hospital system employs approximately 2,200
clinical and support people. The system's base is located in a small
metropolitan community with a 19-county rural service area covering
four states, which constitutes a vast referral region with a population
base of 750,000. It is a not-for-profit organization that became a member
of a national health system in 1996; it is the market leader of cardiovascular,
oncologic, orthopedic, and trauma services in the region, with approximately
16,500 patient admissions and 140,000 outpatient visits annually; and
its net revenue totaled $223 million in fiscal year 2003.
The system's patient reimbursement mix is heavily skewed toward government
payers because of an older rural population base: 14 percent of the
region's residents are over 65 years of age. About 22 percent of the
system's patients reside in the targeted service area (southeast Kansas).
Overall, Medicare patients generated 65 percent of the system's total
net revenue.
Because of the acute shortage of primary care physicians in the area,
for the past ten years the hospital system has served the rural population
by operating three rural health clinics staffed by primary care physicians.
In 1999, the system agreed to take over the operation and management
of a small critical access hospital with 25 beds located in a federally
designated health manpower shortage area served by one of the rural
health clinics.
BRIEF
STATEMENT OF THE PROBLEM
The region of southeast Kansas has a rural population supported predominantly
by an agricultural and light industry economy. The majority of households
have an income below the state average, and a large portion of the population
is over 65 years of age. Consequently, the major health insurance providers
are Medicare and Medicaid. These facts make it particularly difficult
to attract and retain younger physicians and health providers, who tend
to favor larger metropolitan areas with a lower dependence on government
reimbursement and greater commercial base.
As is the case for the majority of rural communities across the United
States, recruitment of primary care physicians is a long and arduous
process. U.S.-born primary care physicians typically are less attracted
to practice opportunities in small rural communities, although the quality
of life in these areas can be a selling point. Most physicians are trained
in larger metropolitan medical centers and have become used to having
the latest technology, sophisticated hospitals, endless subspecialists,
group practice coverage arrangements, and a generous employment and
benefits package. These attributes are seldom available in rural communities
like the ones in the region.
Often, the only alternative is to recruit foreign-born physicians, also
referred to as "J-1 physicians," who commit to work in designated
health manpower shortage areas in exchange for authorization to remain
in the United States after completing their medical training. These
foreign-born physicians receive approval from the U.S. Department of
State and Immigration and Naturalization Service (INS) to work in health
shortage areas for a minimum of three years. Without the J-1 Visa Waiver,
foreign-born physicians must return to their homeland for at least two
years before being able to live and work in the United States.
In Kansas, because of the connection between small rural communities
and agriculture and farming industries, the only government agency that
acted as a sponsor of J-1s was the U.S. Department of Agriculture (USDA),
which made recommendations to INS to grant the J-1 Visa Waiver to foreign-born
physicians willing to serve in rural communities. During the eight years
following the federal congressional enactment of the J-1 program in
the United States, the USDA played a key role in bringing 98 foreign-born
physicians to rural Kansas and an additional 3,000 physicians to other
shortage communities across the country. On February 27, 2002, the USDA
abruptly discontinued their sponsorship of the J-1 Visa Waiver program
across the country, without any advance notice and in midstream of processing
more than 100 applications for rural physician candidates. This action
sent shockwaves throughout hundreds of rural communities that were depending
on recruiting foreign-born physicians with the assistance of the USDA,
including the healthcare system's rural health clinic, which would be
left with minimal primary care physician coverage. The existence of
the system's critical access hospital was threatened as well-no physician,
no hospital.
As the executive responsible for physician recruitment activities for
our healthcare system, I worked diligently with local, state, and federal
officials to successfully address this crisis. For several months, I
helped create a new program in the state's Department of Health and
Environment to replace the sponsorship eliminated by the USDA. Without
personal involvement and action in the government and political process
relating to the J-1 Visa Waiver program concerning Kansas, the health
needs of the rural population would suffer a tremendous loss of valuable
primary care providers.
DESCRIPTION
OF THE PROBLEM
Foreign-born Medical Graduates' Essential Role in Rural Healthcare
Policymakers have long recognized the maldistribution of primary care
physicians across the country. The guidelines published by federal health
agencies encourage the availability of primary care physicians in rural
communities in an attempt to achieve a ratio of one physician for every
3,000 persons and a maximum travel distance of 25 to 30 miles to essential
healthcare services. Unfortunately, physicians have concentrated in
larger metropolitan regions, and not enough U.S.-born physicians choose
to locate their practices in many rural communities. To attempt to address
the manpower shortage problem in rural America, politicians and government
agencies have worked together to create various programs to incentivize
physicians to move to rural communities, including the National Health
Service Corps, student loan forgiveness, and cost-based reimbursement
for primary care clinics.
In communities that have documented shortages of primary care physicians
and can demonstrate that U.S.-born physicians are not available to staff
primary care clinics, the Department of State/INS is authorized to grant
permission for foreign-born physicians to remain in the United States
to serve the primary care needs of the population following their U.S.
medical training. The J-1 Visa Waiver for foreign-born physicians is
one example of a program that ensures care for designated manpower shortage
areas.
The J-1 visa sponsorship program operates under the auspices of Section
220 of the U.S. Immigration and Nationality Act, permitting interested
government agencies to act on behalf of foreign medical graduates who
are in the United States on J-1 visa status. Under this federal program,
the INS grants the applicant a J-1 Visa Waiver based on his or her commitment
to serve as a primary care physician in federally designated health
professional shortage areas, instead of having to return to his or her
homeland for a minimum of two years following completion of the medical
training in the United States.
Since 1994, the USDA has sponsored more than 3,000 primary care physicians
to work in medically underserved rural communities when recruiting a
U.S.-born physician was not possible. Recent changes to the act (P.L.
No. 103-416, 108 Statute 4319-20), known as the Conrad State 20 Rule,
allow state public health agencies to also request and sponsor up to
20 waivers per year as long as the physician serves in federally designated
health professional shortage areas. As of January 2002, 44 states had
implemented the Conrad State 20 Rule; however, Kansas was one of six
that elected not to adopt the program and relied solely on the USDA
for sponsorship of foreign-born physicians in rural communities in the
state.
Strategy
for Recruiting Primary Care Physicians
For several years, our healthcare system's critical access hospital
has struggled to recruit and retain primary care physicians to staff
the emergency room and provide routine medical care to patients. In
1999, the system assumed the operation and management of the hospital
to enhance the facility's chances of survival; the system also operates
a local rural clinic, which is staffed by two primary care physicians
and a physician's assistant. Overall, the county continues to have a
shortage of three primary care physicians.
In late 1999, our system recruited a foreign-born cardiologist trained
at a prestigious U.S. university who is a board-certified internal medicine
specialist. This physician agreed to be employed for three years at
our rural health clinic and to serve as a primary care physician in
exchange for the J-1 Visa Waiver sponsored by the USDA. He intended
to remain in the region and practice full-time cardiology at our tertiary
healthcare facility, some 35 miles from the rural community, at the
end of his primary care obligation under the J-1 Visa Waiver program.
This prompted us to look for a replacement physician toward the end
of his commitment period.
We were fortunate to recruit another foreign-born physician to replace
the existing practitioner; he planned to start in November 2002, as
soon as the USDA agreed to sponsor him and recommend that a J-1 Visa
Waiver be granted by the Department of State/INS. The J-1 Visa Waiver
process is very complex, costly, and lengthy, and it can take up to
12 months to complete. Timing is critical to ensure that the physician
is available when the vacancy arises.
The local community and medical providers were excited about the prospect
of recruiting a replacement physician. In the fall of 2001, all of the
necessary arrangements for the J-1 Visa Waiver were progressing as planned
with the USDA. However, a series of tragic acts were carried out by
foreign terrorists in New York City; Washington, DC; and rural Pennsylvania
on September 11 that year; thousands of people lost their lives. This
grave situation caused Congress and all government agencies to reevaluate
policies and procedures dealing with foreigners in the United States,
including the process of granting visas to foreign-born physicians.
USDA
Terminates the J-1 Visa Waiver Program
On February 27, 2002, the USDA issued an abrupt announcement that it
intended to terminate its participation in the J-1 Visa Waiver program
nationwide; no further action would be taken on any applications that
were currently in process with the agency. The USDA officials issued
a news release stating the following:
As a result of its program review, USDA has come to the conclusion that
while the program served valid and important purposes, the benefits
of USDA's involvement are clearly outweighed by potential problems and
risks. Therefore, effective February 27, 2002, USDA will no longer act
as an interested government agency on behalf of those desiring recommendation
of a J-1 Visa Waiver. Pending waiver requests will be returned to the
sender.
This news
created a physician crisis for our rural health clinic, which was depending
on the recruitment of the new foreign-born physician to relocate in
fall 2002. Without any other new prospective primary care physicians
to staff the clinic and to care for patients in the critical access
hospital, the future viability of the local hospital was in jeopardy.
I immediately began working with officials from the Office of Rural
Health in the state's Department of Health and Environment to develop
a strategy to either convince the USDA to finish processing the applications
that were pending at the time of the February 27 announcement or appeal
to the governor to implement the Conrad State 20 Rule for the state
and become the sponsor for our foreign-born physician to practice in
the area.
Developing
Public and Political Support for the J-1 Visa Waiver Program
After talking extensively with the director of the program, it was evident
by mid-March 2002 that the USDA would not reconsider its position on
terminating the J-1 Visa Waiver sponsorship, even for the 86 individuals
who were in the middle of the process. I began a letter-writing campaign
to state and federal legislative representatives explaining the critical
situation and asking for help in dealing with the crisis caused by the
USDA's abrupt termination. The quick response by congressmen from Kansas
was very encouraging, and the state's hospital association also joined
in the campaign process and enlisted statewide support. On March 14,
2002, U.S. Rep. Jerry Moran wrote to the deputy secretary of the USDA,
the assistant secretary of the Bureau of Consular Affairs, the director
of Homeland Security, and the commissioner of the INS urging a speedy
resolution to the J-1 Visa Waiver sponsorship dilemma that affected
so many rural communities. Congressman Moran noted that, "The USDA's
decision to discontinue its participation in the program without formal
prior notice and to return pending J-1 Visa Waivers applications to
applicants is contrary to the fundamental mission of the USDA."
The legislative staff members for both of our state's congressmen cited
our rural health clinic as an example of the importance of the J-1 Visa
Waiver program and referred the news media to contact me to discuss
the physician recruitment circumstance. A front-page story ran in Kansas
City Star on March 25. The story focused on the local physician serving
his J-1 Visa Waiver commitment in the small rural community and the
efforts of community leaders to maintain adequate medical services.
This news story helped draw the attention of the governor and state
legislators, who began carefully evaluating options to step in where
the USDA had left off on the recruitment of foreign-born physicians.
The story also drew national attention to our region and the J-1 crisis.
In early April, I wrote a compelling letter to the secretary of the
state's Department of Health and Environment, urging him to intervene
on behalf of foreign-born physicians caught in the USDA termination
saga. This letter was hand delivered to the governor's office by the
secretary.
The administrator of the critical access hospital and I also contacted
a state representative from the region to enlist his support in convincing
the governor to implement the Conrad State 20 Rule. He was extremely
interested and instrumental in meeting with the governor's attorney
assigned to track the J-1 issue for four Kansas-bound physicians seeking
visa waivers through sponsorship by the USDA. It came to light that
the governor had received conflicting information about the process
for obtaining security background checks on foreign-born physicians
and potential risks for states using the Conrad State 20 Rule.
I collaborated with several experts and provided a white paper addressing
specific issues and concerns uncovered by the Columbus Representative
during discussions with the governor's staff. These efforts resulted
in the limited implementation of the Conrad State 20 Rule by the governor
on April 12, 2002. The governor's staff made it clear that this action
covered only the four foreign-born physicians affected by the USDA action
and that the next governor would have to make the final decision on
a permanent program in Kansas.
I continued to work closely with legislative aids for congressmen Jerry
Moran and Sam Brownback to seek the following actions:
- Convince
the USDA to reinstate their sponsorship of J-1 Visa Waiver recommendations
for all 86 foreign-born physicians being processed at the time of
the termination announcement
- Enact
legislation to reauthorize and expand the authority of states, through
the Conrad State 20 Rule J-1 Visa Waiver program, to act as sponsors
of foreign-born physicians in their jurisdictions
On April
16, Congressman Moran announced, "The USDA will serve as a temporary
interested government agency, in order to process the pending applications."
The head of the USDA stated in his letter to the Congressman that the
USDA would process the 86 pending waiver requests with the help of security
clearances from the Department of Justice and Department of State and
that the United States Department of Health and Human Services would
do follow-up monitoring. (The USDA remained adamant that the agency
would not continue to participate in the J-1 Visa Waiver program after
it finished processing these 86 pending applications.) The regional
media reported the event as a major victory affecting health manpower
in rural communities across the United States.
All four foreign-born physicians seeking opportunities to work in rural
communities in Kansas were sponsored by the state's Department of Health
and Environment and granted J-1 Visa Waivers by the U.S. Department
of State/INS by the summer of 2002.
State
and Federal Legislators Support the J-1 Visa Waiver Program
On April 30, I joined a small group of leaders who met personally with
officials from the governor's office and the secretary of the state's
Department of Health and Environment to present a proposal for developing
specific guidelines to permanently implement the Conrad State 20 Rule.
The day after this crucial meeting was held at the capitol, our state
legislator filed a resolution in the House of Representatives in favor
of the full and immediate implementation of the Conrad State 20 Rule
for J-1 physicians in Kansas. The resolution passed in the House with
a vote of 120 members in favor and no members against the program!
Meanwhile, the U.S. House Judiciary Committee approved legislation (H.R.
4858) introduced by U.S. Rep. Jerry Moran to reauthorize and expand
the Conrad State 20 Rule for foreign-born physicians and boost the number
of J-1 Visa Waivers that states can recommend to the U.S. Department
of State/INS annually from 20 to 30 (the vote in Congress was 407 to
7 in favor of the legislation). U.S. Sen. Sam Brownback cosponsored
a similar bill that also was approved by the Senate.
On August 1, 2002, based on the recommendation of the secretary of the
state's Department of Health and Environment and the backing from the
state House of Representatives, the governor issued a formal request
to the U.S. Department of State, J-1 Waiver Review Division, asking
that Kansas participate in the J-1 Visa Waiver Program authorized by
Section 212(e) of the Immigration and Nationality Act, as amended.
Furthermore, the secretary of the state's Department of Health and Environment
accepted the proposed guidelines suggested by myself and my colleagues
and implemented policies and criteria for the J-1 Visa Waiver program,
effective September 1, 2002. This program is presently available to
communities throughout Kansas to take advantage of quality foreign-born
physicians and to help address health manpower shortage needs in future
years.
ADMINISTRATIVE
DECISIONS
Without a coordinated and proactive strategy to deal with the state
crisis caused by USDA's termination of participation in the J-1 Visa
Waiver program in late February 2002, rural residents would be at risk
of a lack of quality medical services in the future. The implementation
of the Conrad State 20 Rule in Kansas was the direct result of excellent
teamwork, hard work, and responsible leadership initiatives from concerned
healthcare executives, government officials, legislators, physicians,
attorneys, and dedicated community leaders.
Careful selection of influential legislators to help navigate the bureaucracy
at the federal and state levels and sharing of factual information about
the critical nature of foreign-born physicians throughout rural United
States resulted in important changes to legislation and policies. Perseverance
and an excellent communication network were essential ingredients for
successfully implementing the J-1 program in our state as well as expanding
the number of J-1 Visa Waivers a state can recommend for approval each
year starting in federal fiscal year 2003. Appropriate use of the media
was also helpful for moving the process along and gaining attention.
Healthcare executives must be proactive and become responsibly involved
in the legislative and governmental processes to have a positive effect
on changes in the healthcare delivery system.
RESULTS
This project began on February 27, 2002, with the announcement by USDA
officials that they intended to terminate their involvement with the
J-1 Visa Waiver program for foreign-born physicians wishing to serve
health manpower shortage areas in rural United States. The successful
conclusion of the campaign came on August 1, 2002, when the governor
agreed to fully implement the Conrad State 20 Rule.
I worked closely with many local, state, and federal legislators and
government officials to increase awareness of the serious nature and
potential consequences of the USDA's termination of J-1 sponsorship
for rural communities across the United States. The USDA's action could
have had lasting negative healthcare implications for residents of small
rural communities that are experiencing health manpower shortages. However,
because the governor was encouraged by leaders to act promptly to implement
the Conrad State 20 Rule, the future seems brighter for healthcare providers
and residents.
A key focus of the J-1 campaign was to convince the governor and officials
at the state's Department of Health and Environment that it was in the
state's best interest to implement the Conrad State 20 Rule and not
to rely on the USDA or another interested federal government agency
to sponsor foreign-born physicians to help address the health manpower
shortage throughout the state. My timely communication with several
interested parties over a five-month period enhanced the likelihood
of favorable actions by the secretary of the state's Department of Health
and Environment and the governor.
The collaborative intervention by healthcare leaders, coupled with the
affirmative action of local state representatives, as well as the support
from influential congressmen, definitely resulted in the implementation
of the Conrad State 20 Rule in Kansas over a shorter time frame (relative
to governmental action).
The groundwork with the state Department of Health and Environment officials
also paved the way for a more favorable policy for managing the state's
J-1 Visa Waiver program beyond the four foreign-born physicians addressed
by the governor's original action. The United States Congress ultimately
passed legislation reauthorizing and expanding the J-1 Rule that allows
states to sponsor up to 30 foreign-born physicians each year to help
meet the healthcare needs of medically underserved areas.
SOURCE
MATERIALS
C., M. 2002. "Doctors Kicked Out." Newsweek (April
1): 8.
Dvorak,
J. A. 2002. "Anti-Terrorism Step Backfires on a Kansas Hospital."
Kansas City Star (March 25): A-1, A-6.
---. 2002.
"Kansas to Help Bring Foreign-born Doctors to Serve in State."
Kansas City Star (April 14): B-4.
---. 2002.
"Visa Program Back on Track." Kansas City Star (April
20): B-4.
Editor.
2002. "Efforts Avert Shortage of Health Care in City and Waivers
Are Victory for Rural Areas." Columbus Daily Advocate (April
17): A-1.
Gatewood,
D. 2002. "Kansas State Legislature. Resolution Urging Implementation
of the Conrad 20 Rule in Kansas." House Resolution No. 6018.
Owens,
D. L. 2002. "Immigration-Looking Through a Security Lens."
Kentucky Bar Journal (Bench & Bar), Volume 66; Number 1:
29-36.
Piotrowski,
J. 2002. "Ruts in the Rural Field." Modern Healthcare
32 (12): 18.
U.S. Congress.
2002. "Conrad/State 20 Waivers for Foreign Medical Graduates,"
authorized in Section 212(e) of the Immigration and Nationality Act,
as amended in 1996, 8 U.S.C. 1182(e). Washington, DC: U.S. Government
Printing Office.
---. 2002.
"Waivers of Foreign Country Residence Requirement with Respect
to International Medical Graduates," Section 202 P.L. 103-416 Immigration
and Nationality Act of 1994. Washington, DC:
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