Archive for December, 2010

Nevada Gov.-elect Brian Sandoval Pleased With Federal Court Ruling Against Health Care Law

By Nevada News Bureau Staff | 2:19 pm December 13th, 2010

CARSON CITY – Gov.-elect Brian Sandoval said today he is pleased with the ruling by a federal judge in Virginia finding a key element of the new national health care law unconstitutional.

In a statement, Sandoval said: “As I’ve noted before, I see the constitutional question created by the health care bill as monumental in all future matters involving state’s rights. Today’s ruling provides support for the claim that the federal health care legislation is at least, in part, unconstitutional. I believe the constitutional questions involved in the federal health care legislation deserve a hearing by the United States Supreme Court.”

Sandoval’s comments came after U.S. District Judge Henry Hudson ruled today the individual mandate to buy health insurance is unconstitutional because it “exceeds the constitutional boundaries of congressional power.”

Nevada is involved in a separate legal challenge to the health care law as well, along with 19 other states. A federal judge in Florida is scheduled to hear arguments in the case on Thursday.

Nevada Gov.-elect Sandoval Announces Two More Administration Appointments

By Sean Whaley | 12:02 pm December 13th, 2010

CARSON CITY – Gov.-elect Brian Sandoval today announced two more appointments to his administration, naming Stacey Crowley as director of the Nevada State Office of Energy.

Sandoval also named Leo Drozdoff as director of Conservation and Natural Resources.

Sandoval will take office in January.

Crowley, a graduate of the University of Michigan, is accredited in Leadership in Energy and Environmental Design (LEED). In 2006, Crowley was a presenter and panel member on the Governor’s High Performance Building Summit, “Introduction to LEED in Nevada.”

She is a frequent speaker on green energy and sustainability, and her work from single family homes to master-planned communities has been recognized with industry awards for neutral energy use and smart growth. Currently the owner of Stacey Crowley Consulting, she has a master’s of architecture from the University of New Mexico.

“Stacey is a recognized leader in green development and her background in architecture and community development will bring a fresh perspective to this important job,” Sandoval said. “With over 14 years of experience in architecture, planning, policy, research and advocacy, Stacey will be a strong advocate for sustainability in the Energy Office.

“Energy policy will be key to my efforts to diversity Nevada’s economy and Stacey’s private sector and renewable energy experience will help set a new standard of excellence in the field,” he said.

Drozdoff, currently acting director of Conservation and Natural Resources, was previously the administrator for the Nevada Division of Environmental Protection. Drozdoff has also served as the bureau chief of Mining Regulation and Reclamation, Water Pollution Control and as deputy administrator for NDEP’s water programs.

“With his broad background in natural resource issues, Leo will be a strong advocate for his department and our fellow Nevadans,” Sandoval said.

Correction

By Elizabeth Crum | 4:15 pm December 10th, 2010

U.S. Rep. Shelley Berkley yesterday spoke out in opposition to her fellow House Democrats and supported President Obama’s tax deal to extend tax relief to all income brackets.

Her position was stated incorrectly in last night’s political segment on KTNV-TV Channel 13.

I regret the error.

Nevada Leads Nation In Size Of Its Budget Gap, National Group Reports

By Sean Whaley | 3:33 pm December 10th, 2010

CARSON CITY – When it comes to the budget problems looming for many states over the next two years, a report released this week by the National Conference of State Legislatures makes one point very clear: Nevada is No. 1, and not in a good way.

The report identifies Nevada as having the largest general fund budget gap of all the states at 32 percent next fiscal year. The report, “State Budget Update, November 2010” shows New Jersey in second place with a 26 percent gap, and North Carolina with a 20.3 percent gap.

The news for fiscal year 2012-13 is even worse, with Nevada first again with a general fund budget gap estimated at 40 percent, followed by New York at 20.4 percent.

The report says 35 states are projecting budget gaps next fiscal year, and 24 states project gaps in 2012-13, due largely to the loss of federal stimulus funds in their current spending plans.

Nevada leads the nation in its unemployment rate and in its home foreclosure rate, factors which have helped create the budget gap.

“And while state revenues are starting to pick up, the growth is unlikely to be sufficient to replace expiring American Recovery and Reinvestment Act (ARRA) funds or cover projected increases in program areas such as Medicaid and K-12 education,” the report says.

States will face a $37.9 billion loss in federal funds next fiscal year, which begins July 1, 2011, compared to the current year, according to the Federal Funds Information for States. This is expected to make big holes in state budgets, what many state officials call the “ARRA cliff effect.”

Nevada is expected to lose about $600 million in federal stimulus funds that helped balance the current budget.

“State legislators are being realistic about the budget situations facing their states,” said William Pound, executive director of the National Conference of State Legislatures. “But how they balance their budgets could be filled with as many twists and turns as the latest Harry Potter movie.”

Nevada’s public school enrollments are expected to be nearly flat in the next two years, but the state’s Medicaid caseload is growing dramatically. General fund support for Nevada’s Medicaid program could increase by as much as 50 percent to $1.25 billion in the two-year budget that will be approved by the 2011 Legislature compared to the current budget.

Nevada is projected to have about $5.3 billion in general fund revenues to spend over the next two years, well below the current biennium. Gov.-elect Brian Sandoval said the revenue estimate means state agencies will have to cut about $1.2 billion from their two-year budgets.

Some Nevada lawmakers have called for tax increases as part of the solution for the general fund budget hole, but Sandoval has rejected any such suggestions.

Nevada’s budget problems are being made worse not only with the loss of federal stimulus funds, but because a collection of tax hikes approved by the Legislature in 2009 will expire on June 30 next year.

There was some good economic news for Nevada this week. The October gaming revenue report shows Nevada casinos took in nearly $889 million from gamblers for an 11 percent increase over October 2010. For the fiscal year to date, revenues are up 4.4 percent.

The NCSL budget gap estimates for Nevada were made before the state’s Economic Forum made its revenue projections on Dec. 1.

NCSL is a bipartisan organization that serves the legislators and staff of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on pressing state issues.

Federal Appeals Court Allows Yucca Licensing Dispute To Move Forward

By Nevada News Bureau Staff | 3:12 pm December 10th, 2010

CARSON CITY – A federal appeals court today lifted a stay on cases challenging the U.S. Department of Energy’s authority to withdraw its licensing application for the Yucca Mountain nuclear waste repository.

The lifting of the stay by the U.S. Court of Appeals in Washington, DC, also includes an expedited briefing schedule to consider arguments by the states of Washington, South Carolina and others challenging the Energy Department’s intent to stop the licensing process.

The lifting of the stay comes even though the Nuclear Regulatory Commission has not released the results of its vote on the DOE licensing issue, said Bruce Breslow, executive director of the Nevada Agency for Nuclear Projects.

The commission has voted on whether DOE can withdraw its license but has not disclosed the results of the vote, Breslow said. If the commission rules the DOE cannot withdraw its license application, then the court cases would be moot, he said.

The commission is named in the federal lawsuits as well and has until Jan. 3 to respond, Breslow said.

Regardless of how the legal dispute over Yucca Mountain plays out, President Obama has proposed no funding for the licensing process, he said. It will be up to Congress to decide whether to fund the licensing effort to move the Yucca Mountain project forward should the DOE be required to proceed with licensing, Breslow said.

Nevada Tax Expert Questions If Public Pension Plan Reform Can Move Forward In Short Term

By Sean Whaley | 12:36 pm December 10th, 2010

CARSON CITY – Long-time Nevada tax expert Carole Vilardo said says she does not see how the state can move Nevada’s public employee retirement system to a defined contribution plan in the upcoming legislative session.

The change, which would eliminate any future unfunded liability for new state and local government hires, is favored by Gov.-elect Brian Sandoval and some lawmakers.

Others argue changes made by the Legislature in 2009 need time to work, and that a radical change to the public retirement plan is unnecessary.

Vilardo, president of the Nevada Taxpayers Association, said in order to create a defined contribution plan for newly hired public employees, the existing defined benefit plan has to be fully funded at an accelerated rate. When she looked at the idea a few years ago, Vilardo said the time frame was seven years.

“The first thing that has to be determined is whether we can afford, at this point in time, to go to defined contribution,” she said during an interview on the Nevada NewsMakers television program that aired Thursday. “Given the current economy, if that has not changed, if those requirements have not changed of government, then I don’t see how we look at that for at least another four years or so.”

Vilardo said she does not believe the change can be made now because of the costs to the state and local governments associated with fully funding the current plan over the much shorter time span. The state’s current budget problems make such a transition unfeasible right now, she said.

“Sooner or later we’re going to have to go there,” Vilardo said of a switch to a defined contribution plan.

Nevada’s Public Employees Retirement System covers 103,000 active public employees, including state workers, teachers and local government employees.

The plan had a long-term unfunded liability at $10 billion as of the end of the 2010 fiscal year on June 30.

The plan was 70.5 percent fully funded as of June 30, 2010, down from 72.5 percent in the previous year. At its high point in 2000 the plan was 85 percent funded. Public employees and government agencies contribute to the plan based on rates recommended by an independent consulting actuary with a goal of having the plan fully funded over the next 30 years.

An increase in contribution rates is being submitted to the 2011 Legislature to ensure the long-term financial health of the retirement plan. The hit to the state general fund will be just under $9 million a year in the next two years. State employees will have to make a similar contribution.

But the long-term unfunded liabilities of the PERS plan and for public employee pension plans nationwide are generating concern from policy makers.

Sandoval favors a change from a “defined benefit” plan where retirement payments are guaranteed based on salary and years worked, to a “defined contribution plan” where public employers contribute to employee retirement without any guarantees of pension amounts upon retirement.

The PERS board next week will review information on the financial cost of making such a change so that the information is available to the 2011 Legislature.

A change to a defined contribution plan would eliminate the unfunded liability for future hires. There is a legal prohibition for changing the plan for workers currently in the system.

Audio clips:

Taxpayers Association President Carole Vilardo says Nevada may not be able to afford to change the public pension plan in the 2011 legislative session:

120910Vilardo1 :25 within seven years.”

Vilardo says the plan needs to be changed, but that it probably can’t happen for at least four years:

120910Vilardo2 :14 years or so.”

Assembly Democratic Caucus Cleared Of Allegations Of Campaign Reporting Violations

By Sean Whaley | 8:28 pm December 9th, 2010

CARSON CITY – The Nevada Secretary of State’s office today ruled in favor of the Assembly Democratic Caucus regarding a complaint about its failure to report the receipt of funds from its members.

The caucus did not report more than $120,000 received from Assembly Democrats on its campaign contribution and expenditure reports filed this year.

In a response to Dan Burdish of Las Vegas, who questioned the failure of the group to report the funds from its members, Deputy Secretary for Elections Matt Griffin said the payments are not campaign contributions as defined by Nevada law.

Instead, the funds sent by Assembly Democrats to the caucus are to cover dues and expenses.

Because the payments are not contributions, the acceptance of the funds by the caucus from its members are not subject to the law prohibiting campaign contributions before, during and after legislative sessions either, Griffin said.

The practice of the Assembly Democratic Caucus of not reporting the payments from its members, which Speaker John Oceguera said has been followed for more than a decade, is acceptable, Griffin said.

In a separate letter to Burdish sent earlier this month, Griffin also determined that Oceguera individually did not violate any campaign laws in reference to funds he gave to the caucus in excess of $10,000. State law limiting campaign contributions to $10,000 does not apply to the expenditures of a candidate, only contributions, he said.

Burdish said he is not satisfied with Griffin’s response and is seeking further clarification.

“I think they are trying to find a loophole,” he said. “The definition of a contribution is any payment, and a payment was made to the Assembly Caucus. So yes, I think the payments need to be disclosed.”

Burdish said it appears that Griffin’s letter just copied from the caucus response to his complaint.

“It does not appear that there was an independent investigation,” he said.

Oceguera, D-Las Vegas, said he is pleased with the decision.

“I felt strongly that we had complied with the law and reported correctly and we are pleased that the Secretary of State has concurred,” he said. “We are glad to have this issue resolved so that we can focus on the critical issues facing Nevada.

“While we believe in the right of citizens to legitimately question the actions of elected officials and candidates, it is disturbing that too often now this is done for political purposes simply to discredit individuals,” Oceguera said. “With so many serious issues facing our state, the public deserves and should expect better.”

The issue of payments by Assembly Democrats to the caucus arose just before the Nov. 2 election.

Reports filed by Assembly Democrats showed more than $120,000 paid to the caucus, but the caucus did not report the funds on its report.

Oceguera said at the time the caucus was not required to report the funds because they were reimbursements to the caucus for salaries of legislators’ staff and to pay the legislators’ dues in the caucus.

Griffin’s letter to Burdish upholds this interpretation.

Griffin said a legislative caucus is a support organization for its members, and as such has the ability to charge and collect from the members for the operating costs of the caucus for that service.

Nevada Higher Education System Announces Pro Bono Lobbying Team

By Nevada News Bureau Staff | 1:15 pm December 9th, 2010

CARSON CITY – Chancellor Dan Klaich has announced the formation of a new lobbying team that will represent the Nevada System of Higher Education free of charge at the 2011 legislative session.

The team will be chaired by former U.S. Sen. Richard Bryan and will include Alfredo Alonso, Michael Hillerby, Rose McKinney-James, Keith Lee, John Pappageorge and The Capitol Company.

“We are fortunate to have a team of all-stars who have agreed to pro bono representation of Nevada’s higher education system,” Klaich said. “Each member has a long history of service to this state and a passionate belief that public colleges and universities are critical in not only reviving Nevada’s economy, but improving our way of life for generations to come.”

Marcia Turner, who currently serves in a leadership capacity with NSHE’s Health Sciences System, will be charged with the additional responsibility of managing the day-to-day efforts of the new legislative team.

The team will represent the Nevada System of Higher Education and its eight member institutions: College of Southern Nevada, Desert Research Institute, Great Basin College, Nevada State College, Truckee Meadows Community College, University of Nevada, Las Vegas, University of Nevada, Reno and Western Nevada College.

Bryan is a shareholder at Lionel Sawyer & Collins and is a member of the firm’s executive committee. He serves on the Board of Trustees of the Nevada Development Authority and is on the Board of Trustees of the Las Vegas Chamber of Commerce.

Bryan was elected twice as governor and served two terms in the U.S. Senate.

Nevada State Treasurer Completes Bond Sale At Low Interest Rate

By Nevada News Bureau Staff | 12:28 pm December 9th, 2010

CARSON CITY – State Treasurer Kate Marshall announced today that despite the current volatile treasury market, her office has successfully completed the sale of five series of general obligation bonds totaling $161.3 million at an average interest cost of 3.6 percent, one of the lowest interest rates the state has ever received.

“We have been working diligently to find funding to assist the Governor’s Office and the Department of Administration with meeting capital improvement project needs they have identified,” Marshall said. “I am happy to report that this important sale will provide about $52 million in funding for such projects, with the determination of how that money will be used now in the hands of the Department of Administration.”

Marshall praised her staff and the three firms managing the sale – Barclays Capital, Merrill Lynch, and Morgan Stanley – for their efforts and teamwork in making the sale a success.

The bonds were sold in two main blocks. The first two series of bonds totaling $142.1 million were sold to refinance bonds issued previously for the state’s capital improvement program. The proceeds will provide $23.1 million for new projects this fiscal year and free up an additional $29 million for fiscal year 2012.

The last three series of bonds totaling $19.2 million are providing funding for the state’s Clean Water and Safe Drinking Water Revolving Fund, used to fund local governments’ water and sewer projects throughout the state, as well as to refund bonds previously issued under that program.

The bond sales come a week after the country’s three major rating agencies maintained the state’s strong AA bond rating.

All three rating agencies – Moody’s Investors Service, Standard & Poor’s and Fitch – said the high rating reflects the state’s conservative financial practices, modest level of state debt, and strong financial leadership.

“The high ratings we were able to achieve in spite of the economic hardships facing the state over the past two years played a substantial role in our ability to sell the bonds this week amidst a heavy supply of new municipal bonds and inflationary concerns in the bond market,” Marshall said. “With yields likely to rise in the future due to the potential end of the Build America Bonds program by year-end and the current tone of the bond market, we were pleased to be able to effectively market these bonds to the investor community at this time.”

Nevada Medicaid Program Continues To Grow, Adding To State Budget Challenges

By Sean Whaley | 10:15 am December 9th, 2010

CARSON CITY – Despite the need for drastic spending reductions to balance Nevada’s budget, the government program that provides health care to the poor continues to expand, consuming a growing share of the state’s scarce state revenues.

Medicaid, the cost of which is shared by both the federal government and the state, could require about $1.25 billion in state general fund support in the upcoming two-year budget. That’s a spike up from the $835 million approved by the 2009 Legislature for the current spending plan.

The increase is due both to an ever rising caseload and the loss of federal stimulus funds that paid for a greater share of the Medicaid budget in the current biennium.

Unlike many other state-funded programs, the state must provide Medicaid coverage to those who qualify. Higher education funding can be cut and prison populations can be managed with early parole or alternative sentencing. While the state must also fund the public education system, enrollments are expected to be nearly flat because of the current economic situation in Nevada.

Medicaid has expanded significantly in the current economic slowdown, however, as more people lose jobs and become eligible for the government funded health care coverage. As a result, the program is consuming a larger piece of a shrinking budget pie.

The increasing cost of the Medicaid program can be seen in the caseload. The number of Nevadans receiving assistance totaled nearly 276,000 as of October. The caseload is expected to hit 311,416 by the end of the next biennium on June 30, 2013.

“That’s significant growth,” said Charles Duarte, administrator of the Division of Health Care Financing and Policy, which oversees Nevada’s Medicaid program.

In December of 2000, Nevada had a Medicaid caseload of 116,000, according to the Kaiser Family Foundation’s Commission on Medicaid and the Uninsured. In December of 2009 that figure had more than doubled to just over 238,000.

The foundation reported recently that from December 2008 to December 2009, Medicaid enrollment increased by 8.4 percent nationally. In Nevada, that number was 22.4 percent, the biggest increase reported by any state.

Gov.-elect Brian Sandoval, who will take office in January, recently traveled to Washington DC to discuss Nevada’s growing Medicaid costs with U.S. Sen. Harry Reid, D-Nev. Sandoval intends to balance Nevada’s two-year general fund budget without a tax increase, which could mean even greater reductions to the Medicaid budget than are already under consideration by the agency.

Duarte said that despite the increasing caseload, the agency is looking at reducing the cost of the program in the next two-year budget. Options are limited, however, since Medicaid is an entitlement program and people who are eligible must be served. The cuts are even tougher because of reductions already made over the past two plus years, he said.

Two general approaches to cost cutting are reducing or eliminating some services to recipients and reducing payments to the various medical providers who treat Medicaid recipients, Duarte said.

Nevada’s Medicaid program does offer some optional programs which can be cut to the adult population, he said. Under consideration are cuts to personal care services, which involve helping adults with daily activities at home, eye glasses and dentures.

“Final decisions aren’t made on a lot of this,” Duarte said.

There are other optional programs that could potentially be cut, including pharmacy coverage for adults, but such reductions could result in serious adverse consequences, he said. Cutting prescriptions could result in increased hospitalization, Duarte said.

Pharmacy coverage is a big factor in the Medicaid program, costing Nevada $81 million total in fiscal year 2008, according to the Department of Health and Human Services.

There are also potential legal challenges to program cuts if they could lead to people ending up in institutional care, Duarte said.

“We fully understand the effects on lives,” he said. “But we’re looking at a cash issue.”

Any budget cuts could also have an effect on the state’s employment situation, since Medicaid pays for many programs such as those that employ thousands of home health care aides, Duarte said. Most of Nevada’s Medicaid program is spent directly on care provided by private sector health care professionals, he said.

“It affects their revenues and the ability of those providers to pay people,” he said. “We’re a fairly big chunk of the health economy.”

Cutting rates paid to health care providers has its own set of issues, Duarte said.

Decisions at the 9th U.S. Circuit Court of Appeals, mostly involving challenges to reductions in California, could make such reductions difficult if they are challenged in court, he said.

“So there is a host of legal restrictions, dealing with the courts, judicial actions, as well as federal regulatory actions, that really restrict our ability to manage the budget in a crisis,” he said.

State Sen. Sheila Leslie, D-Reno, said there are no realistic options available to policy makers to cut Medicaid.

Nevada has one of the stingiest Medicaid programs in the country, and other states that are cutting Medicaid are making reductions to services that Nevada never offered to begin with, she said.

Cutting personal care services that keep Medicaid recipients in their homes will just shift costs to more expensive nursing home care, Leslie said.

“Any of the optional Medicaid programs that we have, if you eliminate them, there is a corresponding cost in another area that exceeds the cost of providing that optional service,” she said.

And the state has already made some payment reductions to health care providers, Leslie said. Further reductions could reduce access to care for Medicaid recipients as providers drop out, Leslie said.

About the only option is to seek more funding from Congress, unless there is an appetite to drop out of Medicaid entirely as outgoing Gov. Jim Gibbons suggested at one point earlier this year, she said.

Other states have also entertained the idea.

“It’s a very difficult problem,” Leslie said.

State Sen. Joe Hardy, R-Boulder City, said the reality is there will be painful cuts to education, Medicaid and other programs in the upcoming session because there just isn’t going to be enough revenue to continue to pay for all existing services.

But the problem with cutting state dollars to Medicaid is that the federal match is lost as well, so it costs the state as much as $2 or more in Medicaid funding to save $1 in state general fund support, he said.

The key to reducing Nevada’s funding for Medicaid is to create jobs and get people back to work, Hardy said.

“The most important thing we can do to decrease Medicaid expenses is get people back to work,” he said. “If we get people back to work, if our focus is on jobs in the private sector, where the jobs produce instead of use, anything we do that gets people to work will help us with our Medicaid budget.”

Several states have a program where employers can hire the unemployed and use the individual’s jobless benefits as part of the worker’s salary, Hardy said. It is an incentive for businesses to hire workers.

The last time Nevada’s Medicaid population declined was in the boom years of 2005 and 2006. Nevada now leads the nation in unemployment.

Heading off potential cuts to Medicaid reimbursement rates will be the top goal of the Nevada Health Care Association in the upcoming session of the Legislature, the group’s president said this week.

Charles Perry, president and chief government affairs liaison for the non-profit group, said the association will play a defensive position in the 2011 session in an effort to ensure adequate Medicaid funding to the nearly 50 non-profit and for-profit assisted living and nursing facilities that care for over 6,000 elderly and disabled individuals statewide.

Perry said the association was able in the 2010 special session in February to head off a proposed $10 per day per patient reduction in Medicaid reimbursements after it was shown the state would only save $3.60 because of the sizeable federal matching share of the program.

There has been discussion of a $20 per day per Medicaid patient reduction in the 2011-13 budget, he said.

Such a reduction would lead to some facilities having to close, Perry said.

“And it would also have a very detrimental effect on the issue of access to care,” he said.

According to a recent study published by the Mercatus Center at George Mason University and authored by University of Kentucky economics professor John Garen, a big part of the increased cost of Medicaid is the conscious decisions by many states to greatly expand who is eligible for the program.

According to research done by Matthew Mitchell, a research fellow with the Mercatus Center’s State and Local Policy Project, since 2001, 24 states have expanded their eligibility. In some of these cases, the expansion more than doubled the number of possible participants for the program.

Duarte said Nevada has not expanded its eligibility in any significant way so this expansion is not a factor driving the state’s Medicaid costs.

On a per recipient basis, Nevada’s costs are about in the middle of all states because the Medicaid population is smaller and there are fewer healthy people in the program, he said. Nevada is also a high health care cost state.

But on a per capita basis, Nevada historically has spent the least of any state on Medicaid, Duarte said.

“We run a fairly modest program from an eligibility standpoint,” he said.

Nevada has likely seen an increase in the percentage of people covered by Medicaid because of the economic downturn, Duarte said. Nevada is probably at about 10 or 11 percent now, but nationally the rate is higher at 14 percent to 15 percent, he said.

Audio clips:

Chuck Duarte, who oversees the Nevada Medicaid program, says caseload growth and the loss of federal funding is driving costs higher:

120810Duarte1 :07 issues for us.”

Duarte says the state is limited in its ability to reduce Medicaid spending in a crisis:

120810Duarte2 :18 in a crisis.”

State Sen. Sheila Leslie says Nevada’s Medicaid program is already stingy.

120810Leslie1 :12 to begin with.”

Leslie says cutting optional services just transfers the cost elsewhere:

120810Leslie2 :12 that optional service.”

State Sen. Joe Hardy says the key to reducing Medicaid spending is to create private sector jobs:

120810Hardy :26 our Medicaid budget.”

Health Care Association President Charles Perry says Medicaid reimbursement reductions could close some facilities:

120810Perry :17 access to care.”

Rep. Heller Says Geothermal Royalties To Local Counties Restored In House Funding Bill

By Nevada News Bureau Staff | 5:06 pm December 8th, 2010

Rep. Dean Heller, R-Nev., said today that the House has reinstated geothermal royalties to local counties in its funding bill.

Heller worked with House appropriators to ensure revenues will continue to be distributed to local governments.

“I have fought hard to ensure geothermal revenues are reinstated and thank my House colleagues for recognizing the importance of this funding to Nevada,” he said. “Western states lose substantial taxes and revenue opportunities because of the vast amount of federal lands.

“Ensuring these royalties will continue to be distributed is critical to our local communities and state. I call on Sens. (Harry) Reid and (John) Ensign to ensure the royalty fix is not removed in the Senate,” Heller said.

The Office of Management and Budget (OMB) determined that under the Continuing Resolution, the current government funding measure, counties are ineligible for geothermal revenue sharing payments for this fiscal year.

The language in the House funding bill would fix the problem and ensure the royalties continue to be paid to local governments. The funding bill passed the House in a vote today.

The royalties were established under the Energy Policy Act of 2005.

Audit Of Nevada Agency Use Of State Workers As Contractors Finds Abuse, Potential Criminal Activity

By Sean Whaley | 12:00 pm December 8th, 2010

CARSON CITY – An audit of Nevada state agencies using current and former employees as contractors has identified numerous potential concerns, including a case of one worker seeking payment for 25 hours of work in one 24-hour day and another where a former state worker is now earning $350 an hour as a contractor versus $65 an hour in his state job.

The audit also found an example of a current state employee earning $62,590 as a contractor in fiscal years 2008 and 2009 while earning a state salary as well.

At least eight examples were identified where state employees working as contractors either did the contract work during regular state work hours or could not provide documentation to show they did the work on their own time.

The audit also shows that the Legislature was kept in the dark about much of the contract work by state employees because the Department of Administration used a narrow definition of the term “consultant.”

State Sen. Sheila Leslie, D-Reno, the chairwoman of the Legislative Commission’s Audit Subcommittee, said the audit suggests the potential of criminal actions in some cases. The panel voted to turn the audit over to Attorney General Catherine Cortez Masto for review and possible action.

Even if there is no criminal activity, the audit shows abuses of the contracting process, Leslie said.

Andrew Clinger, director of the state Department of Administration, agreed the use of current and former state employees as contractors “is out of hand.” The agency accepted all seven recommendations made in the audit.

The Legislature is expected to further address the issue in the upcoming 2011 session.

The use of current and former state employees as contractors was a major issue in the 2009 legislative session. The Legislature passed Assembly Bill 463 to tighten up the use of consultant contracts for current and former state employees.

But because of the narrow definition of consultant used by the state, AB463 has not resulted in information about such contracts entered into by the state being provided the lawmakers, the audit found. The Department of Administration did not provide any consultant contracts to the IFC for review and approval from July 2009 through July 2010, a period of more than one year, the audit found.

“Therefore, only under rare circumstances would a contractor be deemed a consultant and reported to the (Legislature’s Interim Finance Committee),” the audit found. “In contrast, boards, school districts and the Nevada System of Higher Education (NHSE) used a broad definition of consultant and reported many contracts to the IFC.”

The audit identified 250 current and former employees providing services to the state. These employees were paid a total of $11.6 million during fiscal years 2008 and 2009, the years covered by the review.

The state employee who put in for 25 hours of pay in a single day was paid for 10 hours of contract services, a regular 10-hour shift on his timesheet, plus an additional five hours of overtime.

The former employee being paid $350 an hour as a contractor compared to $65 an hour while a state employee is identified as a person with “an extensive background in complex water and natural resource issues.” The individual started work as a contractor at the higher rate of pay immediately after leaving state employment. The contract is still in effect and has been extended through June 30, 2011. As of September this year, the contractor has earned $472,493 from the state.

Among the other audit highlights:

A former state employee had a contract rate of $150 an hour versus $71 an hour as a state employee. The individual retired and came back to the same agency as a consultant regarding water and natural resource issues. The contract started in December 2007 and has been extended through February 2013. As of September 2010, the former employee has been paid $55,125.

A significant number of the current and former state employees doing independent contractor services are doing work similar to their state jobs. A total of 51 of 111 contracts reviewed show pay for similar work, including 18 current and 33 former employees. Many returned to the same agencies where they had worked.

The audit did find appropriate situations for employing a former employee as a consultant.

“Former employees provide a valuable resource to the state because of their knowledge and skills gained through years of state service,” the audit said.

In one example, a firefighter provided training for the Department of Public Safety at a rate of $26 an hour. Total payments were $1,400 over a two-year period.

Nevada State Medical Association To Seek Health Insurance Transparency

By Sean Whaley | 3:29 pm December 7th, 2010

CARSON CITY – The Nevada State Medical Association believes consumers should have access to clear and understandable information about the cost and coverage provided under health care insurance policies before they sign on the dotted line.

Executive Director Larry Matheis  said the association will pursue legislation next year to require companies offering health insurance policies to post such information on the Nevada state website to provide transparency for such critical health care decisions.

“It is essential that people have an understanding of what they’re getting with this package called health insurance,” he said.

There are many anecdotal examples of people purchasing health insurance policies only to find out that illnesses such as cancer were excluded, Matheis said.

“So all of those kinds of issues are what we want to see a much more open demonstration of the information that people need,” he said. “They (insurance companies) can make decisions about what they will and won’t cover, but it has to be then very clearly explained to people at the front end, not the back end. You don’t want to be shocked after you’ve had care to find out that the insurer has decided, not that you didn’t need it, but that they’re not going to pay for it.”

Making health insurance decisions more transparent by providing the information up front to consumers is even more important as the federal health care law begins to take effect, Matheis said.

Transparency efforts are moving forward in Nevada in the areas of reporting key hospital and physician data, he said. But the same cannot be said for the health insurance policies offered by the insurance industry.

“How does the health insurance industry deal with things like coverage,” Matheis said. “What does coverage mean? When do they exclude something. When do they exclude somebody. How much of the premium dollar goes for health care. How much goes for other things. Just a range of issues.

“People don’t need to have the unpleasant surprise when they or their family are going through serious illness and medical care decision making,” he said. “That is not the time to find out what your insurer does and doesn’t cover.”

The association plans to work with lawmakers to require such information to be posted by the state on its official website. Matheis says he hopes to win the support of the state Insurance Commissioner and Gov.-elect Brian Sandoval in the effort, which has no significant fiscal issues associated with it.

State Sen. Sheila Leslie, D-Reno, said she has not talked with Matheis about his proposal but that it is an idea she would support. Standardizing such information would be of great benefit to consumers, she said.

“Of course we should be educating ourselves but reading an insurance policy is like trying to find a needle in a haystack,” Leslie said. “You can never find the answer to the question you have without a lot of work.”

Assemblyman David Bobzien, D-Reno, proposed a similar measure in the 2009 session that would have required health insurance policies to identify certain medical conditions not covered by the policy. It also would have required posting on the state website. Assembly Bill 438 did not make it out of the Assembly Commerce and Labor Committee, however.

Las Vegas attorney Jim Wadhams, a lobbyist who represents Anthem Blue Cross and Blue Shield in the Nevada Legislature, said the industry would not likely have any issue with the idea of providing helpful health insurance information to consumers on the state’s official website.

But he did suggest that if the Legislature wants to move ahead with such an idea, it should include all health insurance providers, including those operated by private companies for their employees and those operated by such organizations as the Culinary Union.

“I don’t think the industry would have a particular problem with it,” he said. “But if we are going to have transparency let’s have it for all.”

Individuals seeking health insurance can already do some comparison shopping on the internet through a couple of different brokerages, ehealth.com and insuremonkey.com, Wadhams said.

“So the concept is not particularly radical,” he said.

 Matheis said the association agrees that all plans should be included. But he said the special need is going to be for those buying individual or small group plans, particularly if the health insurance exchanges are to function under the new Patient Protection and Affordable Care Act.

Matheis said that while some opposition could emerge to the idea from the health insurance industry, it will be hard to oppose the idea of providing more information and information people need when they make their critical health care choices.

The idea is not to create new regulation or mandates, but to provide more sunshine on the issue of health care insurance coverage, he said.

“More front end information makes for fewer unpleasant surprises at the back end,” Matheis said. “If we do it right, that is what transparency brings to the health care system.”

Audio clips:

Larry Matheis of the Nevada Medical Association says people need to know what their health insurance plan covers before they need care:

120310Matheis1 :17 does not cover.”

Matheis says health insurance industry needs to make insurance information more transparent:

120310Matheis3 :13 that people need.”

Matheis says the public needs the information before purchasing health insurance:

120310Matheis4 :19 pay for it.”

Matheis says more information at the front end will eliminate unpleasant surprises at the back end:

120310Matheis5 :14 health care system.”

State Sen. Sheila Leslie says transparency in health insurance plans would be helpful to consumers:

120710Leslie1 :24 should participate in.”

Leslie says any way to help consumers understand policy coverages is important:

120710Leslie2 :15 is very important.”

Gov. Gibbons Announces Retirement Of State Public Safety Chief

By Nevada News Bureau Staff | 1:14 pm December 6th, 2010

CARSON CITY – Gov. Jim Gibbons today announced the retirement of Department of Public Safety (DPS) Director Jerry Hafen. Hafen is a life-long resident of Clark County and was appointed to the top job at the agency in early 2008.

He will step down Dec. 31.

“Jerry Hafen has proven to be a respected leader in law enforcement in Nevada and I am proud of his accomplishments as DPS Director,” Gibbons said. “Jerry has proven time and again that the safety of the citizens of Nevada is his top priority.

“Under Director Hafen’s watch, the department has made numerous progressive moves to modernize their mission and engage other law enforcement agencies and citizens, all making Nevada a safer and better place to live,” he said.

The department is comprised of several divisions, including the Nevada Highway Patrol, Investigation Division, Division of Parole and Probation, DPS Training Division, Capital Police, Division of Emergency Management/Homeland Security, State Fire Marshal’s Office, Office of Criminal Justice Assistance and the Office of Traffic Safety.

“I am proud to have served for Gov. Gibbons and the people of Nevada,” Hafen said. “I am equally proud of all the sacrifices made by the hardworking men and women of the Department of Public Safety to serve the citizens of Nevada.

“I am also grateful for the relationships I have developed with sheriffs and chiefs throughout the state, as well as the heads of federal law enforcement agencies. It is truly a team effort to serve and protect the people of Nevada,” he said.

Under Hafen’s tenure, the department started a K-9 Unit using donated funds and money seized from major drug traffickers. The K-9 Unit and other programs implemented by Hafen are largely responsible for the disruption of drug trafficking operations, numerous drugs arrests, as well as the seizure of millions of dollars in illegal drugs and cash throughout the state.

Hafen also oversaw the creation of an anti-terrorism Fusion Center in Carson City, integration of Homeland Security into the Nevada Division of Emergency Management, training improvements and use of new grant funding to better train and equip staff in all DPS Divisions, introducing a massive new records management system, and standardization of DPS policies to make DPS staff more efficient and accountable.

Hafen began his diverse law enforcement career as a patrol officer in 1975 and has served as an investigator for the state Taxicab Authority, a state gaming enforcement agent and a senior investigator for the Department of Motor Vehicles and Public Safety Bureau of Enforcement.

In 1995, Hafen moved to the Department of Public Safety’s Investigation Division as a criminal investigator. During Hafen’s tenure with the department, he has worked on investigations of criminal related activity pertaining to homicide, auto theft, narcotics enforcement, theft and fraud, sexual assault, organized crime, political corruption and internal affairs. In 2003, rising to the rank of DPS deputy chief, Hafen supervised and administered operations for the Division’s statewide Narcotics and Major Crimes Units.

Jerry Hafen

November General Election Generated Renewed Interest From Nevada Registered Voters

By Nevada News Bureau Staff | 10:26 am December 6th, 2010

CARSON CITY – The total number of active voters in Nevada increased by more than 30,000 following the Nov. 2 general election, the secretary of state’s office reports.

The increase is due largely to the thousands of registered voters designated as “inactive” who turned out to vote on Nov. 2, thereby changing their status to “active.”

At the same time, counties updated their rolls by removing tens of thousands of voters who had been listed as inactive prior to the 2008 general election and failed to vote in both 2008 and 2010. The number of total voters shrank by about 63,000 in Clark County alone due to the biennial update.

Statewide, the number of active voters increased by 32,441 from 1,119, 576 at the close of voter registration on Oct. 12 to 1,152,017 on Nov. 30. The number of inactive voters fell by 86,988 to 171,150. The number of total voters, active and inactive, fell by 54,500 to 1,323,261.

The “Inactive Voter” category includes any voter who was mailed a residency notice from the county clerk to which the voter did not respond, or who is listed in the U.S. Postal Service’s change of address database as having left the county. Voters listed as inactive are still eligible to vote. Once placed on inactive status, voters’ names may be removed from the list of total voters after they have failed to vote in two consecutive federal elections in that county.