K.  Suspension, Waiver, Cancellation and Termination

The Secretary of Health and Human Services may suspend or waive, in whole or in part, a service or payment obligation. Requests for suspensions and waivers are processed and reviewed by the Legal and Compliance Office (LCO).  In addition, the Secretary may cancel or terminate an NHSC LRP contract under very limited circumstances.

Suspension — A suspension of the NHSC LRP obligation may be granted if compliance with the obligation would be 1) temporarily impossible or 2) would temporarily involve an extreme hardship such that enforcement of the obligation would be temporarily unconscionable.  The major categories of suspensions are set forth below.  A request for a suspension must be submitted in writing to

National Health Service Corps
Division of Scholar and Clinician Support (DSCS)
5600 Fishers Lane,
Room 8A-55,
Rockville, Maryland  20857, telephone
1-800-221-9393. 

Except as noted below, the Legal and Compliance Office will respond to the clinician’s request.  Periods of approved suspension will extend the service obligation end date. All periods of time away from the site should be documented by the participant on the 6-month verification form.

Suspensions for Medical and Personal Reasons
A suspension may be granted, for up to one year, if the participant provides independent medical documentation of a physical or mental health disability, or a terminal illness of an immediate family member, that results in the participant’s temporary inability to perform the NHSC LRP obligation.  Upon receipt of the written suspension request, the LCO will mail the participant instructions for documenting that request.

Maternity Suspensions
Maternity leave of 12 weeks or less should be documented on the six month employment verification form after the DSCS has been notified.  If the participant’s maternity or paternity leave will exceed 12 weeks during that service year, the participant must request a suspension from the NHSC. Suspensions may be granted by LCO based on documented medical need. Upon receipt of the written recommendation for a suspension from DSCS, the LCO will mail the instructions for documenting that request to the clinician.

Call to Active Duty in the Armed Forces
NHSC LRP reservists who are called to active duty will be granted a suspension, for up to one year, beginning on the activation date described in the order.  In addition to the written request for a suspension, a copy of the order to active duty must be submitted to the LCO.  The suspension will be extended if the applicable Armed Forces entity continues the period of active duty.  The period of active military duty will not be credited toward the NHSC service obligation.

Waiver — A waiver may be granted if the compliance with the obligation 1) is impossible or 2) would involve extreme hardship and if enforcement of the obligation would be unconscionable.  A waiver request must be in writing and should specify the reason the waiver is being sought. The participant will be contacted directly by the Legal and Compliance Office regarding the medical and financial documentation necessary to process the waiver request.

Cancellation — The obligation will be cancelled in its entirety upon the death of the participant.

Termination — The Secretary may terminate an NHSC LRP Contract awarded in FY 2008 if, no later than 45 days before the end of this Fiscal Year (i.e., no later than August 17, 2008), the NHSC has received from the participant:

1) a written request to terminate that contract and
2) repayment of all amounts of loan repayments paid to, or on behalf of, the participant under that contract. 

Requests for terminations must be submitted in writing to the Division of Application and Awards.

**It is important to note the August 17 deadline is established by statute and applies to all applicants (whether they received notification of their award prior to or after August 17). Requests to terminate an award after August 17^th will not be honored.  For further information, contact the Division of Applications and Awards at 1-800-221-9393.

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