# Idaho Code § 39-6108: 39-6108 CRITERIA FOR APPLICANTS

> Idaho · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6108

## Section

- **Citation:** Idaho Code § 39-6108
- **Heading:** 39-6108 CRITERIA FOR APPLICANTS
- **Jurisdiction:** Idaho
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Code / Title 39 / Chapter 61 / Section 39-6108

## Text

39-6108. Criteria for applicants. (1) Applicants must be existing health care facilities that:

(a) Have an active taxpayer identification number in Idaho; and

(b) Have provided medical or mental health care in Idaho for a minimum of twelve (12) months prior to submitting the application or meet the requirements for a new start as defined in this chapter.

(2) The waiver request to the department must come from a U.S. health care facility on behalf of the physician and not directly from the physician or his representative.

(3) J-1 visa waiver and national interest waiver petitioners with fellowship training must contract with employers to provide primary care services full time.

(4) Applicants must not be former J-1 visa waiver or national interest waiver physicians who are currently fulfilling their required three (3) or five (5) year obligation.

(5) Applicants may not submit waiver requests for a relative.

(6) Applicants must accept all patients regardless of their ability to pay.

(7) Except for state institutional and correctional facilities designated as federal shortage areas, the applicant must serve medicare clients, medicaid clients, low-income clients, uninsured clients, and the population of a federal shortage designation.

(8) Applicants must have a signed employment contract with the physician and guarantee wages for the duration of the contract.

(9) Applicants must cooperate in providing the department with clarifying information, in verifying information already provided, or in any investigation of the applicant's financial status and payer mix.

(10) Applicants must first apply through any organization with federal or interested governmental agency authority that submits waiver requests for Idaho's underserved rural areas. Documentation that fully explains why this route was not taken for placement is required as part of the application.

(11) The physician's name and practice location will be made available to the public as a provider who accepts medicare and medicaid.

(12) An assurance letter that the health care facility, its principals, and the J-1 or national interest waiver petitioning physician are not under investigation for, under probation for, or under restriction for medicare or medicaid fraud, or other violations of law or licensure restrictions that may indicate that it may not be in the public interest that a waiver be granted, must be provided.

(13) The applicant and its principals must be free of default on any federal or state scholarship or loan repayment program such as the national health service corps.

History:

[39-6108, added 2004, ch. 128, sec. 1, p. 440; am. 2009, ch. 106, sec. 8, p. 329; am. 2017, ch. 72, sec. 5, p. 174; am. 2023, ch. 31, sec. 5, p. 153.]

## Nearby sections

- [Idaho Code § 39-6101 39-6101 SHORT TITLE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6101.md)
- [Idaho Code § 39-6102 39-6102 PURPOSE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6102.md)
- [Idaho Code § 39-6103 39-6103 SEVERABILITY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6103.md)
- [Idaho Code § 39-6104 39-6104 INCORPORATION BY REFERENCE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6104.md)
- [Idaho Code § 39-6105 39-6105 DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6105.md)
- [Idaho Code § 39-6106 39-6106 GENERAL REQUIREMENTS AND LIMITATIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6106.md)
- [Idaho Code § 39-6107 39-6107 APPLIED PRINCIPLES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6107.md)
- [Idaho Code § 39-6108 39-6108 CRITERIA FOR APPLICANTS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6108.md)
- [Idaho Code § 39-6109 39-6109 CONTRACT REQUIREMENTS FOR J-1 VISA WAIVERS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6109.md)
- [Idaho Code § 39-6109A 39-6109A CONTRACT REQUIREMENTS FOR NATIONAL INTEREST WAIVERS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6109A.md)
- [Idaho Code § 39-6110 39-6110 CRITERIA FOR PROPOSED PRACTICE LOCATION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6110.md)
- [Idaho Code § 39-6111 39-6111 CRITERIA FOR THE J-1 PETITIONING PHYSICIAN.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6111.md)
- [Idaho Code § 39-6111A 39-6111A FLEX WAIVERS FOR J-1 PETITIONING PHYSICIANS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6111A.md)
- [Idaho Code § 39-6111B 39-6111B CRITERIA FOR THE NATIONAL INTEREST WAIVER PETITIONING PHYSICIAN.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6111B.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C61_S39-6108. Check the current official text before relying on it. Not legal advice.
