Archive for March, 2011

Moody’s Downgrades Nevada’s Credit Rating

By Andrew Doughman | 2:09 pm March 24th, 2011

Despite upgrading Nevada’s outlook from negative to stable, the credit rating agency Moody’s downgraded Nevada’s credit rating to Aa2 from Aa1.

The rationale behind the adjustment involves Nevada’s Legislature. Moody’s cited the two-thirds supermajority required to raise taxes as a negative in Nevada.

The Moody’s report released today notes that the potential need to renew the temporary tax increases passed during 2009 could create a challenge for the Legislature.

The governor has said he does not want to extend those tax increases.

“Also, a two-thirds majority of each house of the Legislature is required to renew the taxes into the 2012-2013 biennium and beyond,” writes Moody’s analyst Julius Vizner. “The supermajority requirement to raise taxes presents a hurdle to achieving balance on an ongoing basis going forward.”

The report also notes that Nevada’s economy is largely dependent on discretionary spending in the gaming and tourism industries.

According to the report, Nevada’s revenue base lacks diversity. The state depends too much on revenues from sales tax and gaming revenues. An economic recovery in Nevada could stall if either of those revenue sources falter.

On the positive side, Moody’s analysts note that Gov. Brian Sandoval has the will to make budget cuts.

The report also noted that Nevada has a relatively low debt burden at $2.4 billion and, as the Nevada News Bureau has reported before, the outlook for funding Nevada’s pension system is bright.

Nevada’s declining home prices, however, stymie economic growth.

The collapse of the housing bubble has ratcheted property values down, which presents challenges to lawmakers crafting the state’s budget.

Today, financial officers at Nevada’s school districts testified before a legislative committee about declining property tax collections.

Nonetheless, Moody’s cited upticks in gaming revenues as a sign of a nascent economic recovery.

“The stable outlook reflects our expectation that the economy will recover slowly in the state and that the state’s finances will be weak in the next biennium,” Vizner wrote.

According to Moody’s, Nevada’s credit rating could bounce back if it diversifies its economy and tax base while growing its economy as a whole.

Likewise, Moody’s indicated that it would further downgrade Nevada’s rating should the Legislature delay implementing reforms to the state’s tax base.

Nevada’s credit rating might further erode if it does not cut spending if revenue collections fall short of projections.

Nevada will receive a formal revenue forecast on May 1, which will be crucial for legislators as they piece together the state budget for the next two years.

 

 

Gov. Sandoval Will Veto School Bond Bill, Expresses Confidence That Medicaid Rate Reductions Are Legal

By Sean Whaley | 11:21 am March 24th, 2011

CARSON CITY – Gov. Brian Sandoval said emphatically today he will veto a bill passed by Democrats in the Legislature that would allow school districts to use up to $300 million in bond reserve funds to rehabilitate older schools.

He also expressed confidence that $60 million in general fund Medicaid rate reductions included in his budget are legally defensible and can be implemented despite a legal opinion to the contrary.

Both issues have the potential to throw Sandoval’s proposed two-year, $5.8 billion general fund budget out of balance.

Sandoval, commenting on the issues after a bill signing ceremony, said he understands the desire of lawmakers and school officials to repair older schools. But Assembly Bill 183, which passed the Senate Wednesday on a party-line 11-10 vote, includes no funding plan, he said.

Sandoval has already included the use of the $300 million in bond reserve funds in his budget to fund school operating costs for the next two years.

“Unfortunately the bill does create a $300 million hole in the budget with no plan to fund that,” he said.

The measure has passed the Assembly and Senate with only Democrats in support, not enough votes to override a veto.

Sandoval said he does not believe his impending veto of the measure will sour his relationship with Democrats, who control both the Assembly and Senate.

“We’ve had conversations about that and I think there was an understanding that I had a different position on that bill,” he said.

Following the Senate vote, Assemblywoman Debbie Smith, D-Sparks, said: “I know the governor wants to create jobs in Nevada. I know he wants to improve education in Nevada, and I know he has seen first-hand the horrible condition of many of our older schools, so I urge him to sign ‘School Works’ and help us save these crumbling schools, create jobs and uphold the will of the voters.”

The proposed Medicaid reductions to health care providers came under scrutiny in the Legislature on Wednesday when lawmakers were given a legal opinion suggesting the cuts would violate federal law.

Health and Human Services Director Mike Willden said however, he believes the cuts can be implemented for the two-year budget.

Sandoval said he is relying on Willden’s assessment of the budget proposal.

“He’s very confident that there hasn’t been anything that would violate the law,” Sandoval said. “We’re very confident that we’re within the boundaries of the law.”

Audio clips:

Gov. Brian Sandoval says he will veto the schools bill because it creates a hole in his budget:

032411Sandoval1 :06 to fund it.”

Sandoval says he is relying on HHS Director Mike Willden’s assurances that the Medicaid cuts are proper:

032411Sandoval2 :08 violate the law.”

Sandoval says he is confident the Medicaid cuts are legal:

032411Sandoval3 :04 of the law.”

Sandoval says his impending veto of the school construction bill will not sour his relationship with Democrats:

032411Sandoval4 :06 on that bill.”

Clark and Washoe County School Districts Could Increase Class Sizes By Five Students Per Class

By Andrew Doughman | 10:49 am March 24th, 2011

CARSON CITY – Nevada’s two largest school districts could increase classes sizes by five students during the upcoming school year.

Superintendents from Clark and Washoe Counties said they would put more children in classrooms to address Gov. Brian Sandoval’s proposed budget cuts.

Those budget cuts could result in hundreds of school district positions eliminated in Washoe County and 2,486 positions in Clark County.

The class-size increases were part of budget plans superintendents presented to a legislative committee this morning.

“That’s an alarming cumulative impact put together,” said Senate Majority Leader Steven Horsford. “… It really is significant.”

In Clark County, Superintendent Dwight Jones said he plans to increase class sizes by up to seven students for higher grades and by three students at the lower grades.

He said this would mean a jump from 18 students per class to 21 students per class for first-graders. For grades six through 12, the average class size could increase from 32 students per class to 39 students per class.

Jones estimated that this shift would save the district $114 million, part of a total budget reduction of $411 million.

In Washoe County, Morrison said he plans to increase class sizes by five to meet the governor’s proposed cuts. This would save the district about $30 million.

He said putting one more student in each class saves the school district $6 million.

Increasing class sizes would also mean jobs for teachers would go away. More students would be in fewer classes, meaning the district would need fewer teachers as well.

Morrison said he is having a difficult time accommodating the budget cuts.

“They’re going to stymie efforts to build capacity for our teachers to deliver the important instruction that they do on a day to day basis,” he said.

Assembly Democrats today argued that the governor’s proposed cuts to K-12 are $1.1 billion. They posted to their website an interpretation of those cuts that includes about $600 million that school districts must negotiate with their employees.

The level of actual cuts could change depending on the results of those negotiations.

The governor has earlier said the cuts would amount to about $625 million.

The announcement also comes as former governor Bob Miller asked the Legislature to not increase class sizes in a letter published in today’s Las Vegas Sun.

Miller was the architect of the class-size reduction program when he was governor.

 

 

Why Won’t More Businesses Come To Nevada?

By Andrew Doughman | 7:22 am March 24th, 2011

CARSON CITY – Sometimes, trying to read the CEO’s mind can be a political game.

Critics of Gov. Brian Sandoval’s proposed education cuts have said business owners will not move to a state that ravages its already low-performing education system with spending reductions.

Whether that is true or not depends who you ask.

On Monday, television host Jon Ralston asked Sandoval if business owners have cited concerns over Nevada’s public education system as the reason they don’t set up shop in Nevada.

Sandoval replied he “has not heard that one.”

The next day, United States Sen. John Ensign addressed the Nevada Legislature. Ensign said he talks with “technology companies from all over the world.”

“When I ask them why not choose Nevada as a place for your business to build, the answer is that our schools are just not good enough,” he said. “They mention that the tax climate is desirable but tell me our K-12 system is inadequate.”

The two Republican politicians offered different answers. So who is right?

Again, that depends who you ask. Mark Arend is the editor of Site Selection magazine, a publication for CEOs and real estate consultants.

“I don’t think most site selectors get into the weeds of education budgets that much,” he said. “They’re really looking at finding the labor force they want.”

Businesses like a favorable tax climate and a regulatory landscape devoid of red tape.

But they also need the right people. Of course, who those right people are depends on the job.

“What a casino needs is a lot different from what a solar manufacturing company needs,” Arend said.

Leaders in Nevada are more interested in the latter than the former.

“Our future lies in business sectors like technology commercialization, bioscience, renewable energy asset development, and defense sector expansion,” Sandoval said during his State of the State address in January.

Those are the types of jobs that require skilled workers, or at least educated workers who can easily learn the skills required in emerging industries.

Hence the arguments that Sandoval should not cut education budgets. That way, the argument goes, chief executives considering a relocation will be confident that Nevada’s education system can churn out skilled workers.

Sandoval plans to cut the K-12 budget by more than $200 million and the higher education budget by $162 million.

Nevada consistently ranks poorly – sometimes last in the nation – in polls and surveys grading or ranking its education system.

“It’s a perception issue. There are terrific schools in our school system,” said Hayim Mizrachi, at NAI Las Vegas, a commercial real estate company. “…But, when they read that Nevada is the lowest of the low in education it raises a flag, and the flag creates a conversation, and that conversation distracts from all the benefits.”

Some of those benefits are Nevada’s low tax environment.

Site Selection magazine surveyed corporate real estate executives and asked them “what matters most” in determining a site location. A skilled work force and a state’s tax scheme are first and second on the list.

Last month, business leaders met with the governor and state legislators. For the type of high-tech jobs Nevada’s leaders want to create, the business representatives said that low taxes and a solid education system are both important.

So who is right, Sandoval or Ensign?

Here’s a politician’s answer: they both are.

Nevada HHS Director Says Nevada Can Reduce Medicaid Rates To Health Care Providers To Save $60 Million

By Sean Whaley | 6:49 pm March 23rd, 2011

CARSON CITY – Nevada Health and Human Services Director Mike Willden said today he believes the state can reduce Medicaid rates to medical providers as proposed in Gov. Brian Sandoval’s budget, but acknowledges the issue is “muddy territory.”

Willden’s view suggests the Medicaid reductions can be imposed without the state being subjected to successful legal challenges based on a recent appeals court ruling.

A 9th Circuit Court of Appeals ruling rejecting Medicaid provider rate cuts in California did not provide guidance on how to impose such reductions based on a reasonable access standard, he said. Nevada is included in the 9th Circuit Court’s jurisdiction.

The Medicaid rate reductions recommended for a variety of medical providers would save nearly $60 million in general funds over the two-year budget.

If the reductions cannot be implemented for Nevada health care providers, there would be another funding gap in Sandoval’s budget.

The U.S. Centers for Medicare & Medicaid Services (CMS) is working on the issue of reasonable access standards but does not expect to have final guidance for states until the summer, after the Legislature has finalized its two-year general fund budget, Willden said.

“The court did not provide any definitive road map,” he said. “We don’t know what the reasonable access standard is. We believe we can reduce the rates.”

At a Senate Finance hearing today on Medicaid reductions proposed for the skilled nursing industry, lawmakers were given a legal opinion saying the cuts would violate federal law based on the 2010 appeals court decision.

The analysis by the legal firm of Lionel, Sawyer & Collins says the proposed reductions of $20 per Medicaid resident per day are included in Sandoval’s budget, “purely as a means to alleviate the budgetary crisis.”

The cuts to reimbursements for skilled nursing facilities would save about $10 million in general funds over two years.

The appeals court ruling said reductions are allowable but must first be analyzed to ensure the rates are reasonable.

The legal opinion said no such analysis has been done by the Department of Health and Human Services for Sandoval’s proposed reductions.

“Therefore, the rate reductions, if implemented, will be a violation of federal law and will leave Nevada vulnerable to a series of costly legal challenges, which could well result in imposition of an injunction against the rate reductions, given the current judicial precedents,” the analysis says.

The cut is one of several Medicaid rate decreases proposed for many types of medical providers as a way to help balance Sandoval’s proposed $5.8 billion general fund budget.

Willden said the legal issues involve all the proposed provider rate reductions in the budget, not just the $20 per day per Medicaid resident cut aimed at the skilled nursing industry.

“We’re hanging our hat on the U.S. Solicitor General’s amicus (friend of the court) brief to the 9th circuit saying we need access standards and they need to be reasonable,” he said. “CMS is doing that. That process is ongoing.

“It is a tough issue to wade through,” Willden said. “It is certainly muddy territory.”

Is the Sad State of Nevada Public Education a Deterrent for Relocating Companies?

By Elizabeth Crum | 4:01 pm March 23rd, 2011

Yes, definitely.

Or, not primarily.

Apparently the answer depends on which elected official you ask.

In remarks to the Nevada State Assembly, Senator John Ensign yesterday that companies avoid moving to Nevada because our schools are poor. Here are Ensign’s exact remarks:

As a member of the Senate Commerce Committee, I speak with technology companies from all over the world. When I ask them why not choose Nevada as a place for your business to build, the answer is that our schools are just not good enough. They mention that the tax climate is desirable but tell me our K-12 system is inadequate.

Ensign also said Intuit executives conveyed to him in a recent dialogue that the sad state of Nevada’s public education system was a major deterrent to a move to Nevada.

But in an interview on Face to Face Monday, when asked whether companies have expressed hesitation to come to Nevada because of concerns over public education, Governor Brian Sandoval said he “has not heard that one.”

Transcript:

Ralston: There’s been a lot of discussion, as you know, about the disconnection between cutting higher education and diversifying the economy, getting economic development. I know you disagree with people who say you can’t do it. But be candid. You have talked about being more personal than any governor ever has been in trying to recruit businesses. You must be hearing concerns. Tell the truth here governor. When they talk to you, they have to be saying, “hey, you’re gutting your higher education system or you’re cutting. How can I have an assurance if I move my company there or if I move my employees there, there’s going to be a robust higher education system?”

Governor: Well, first you say to tell the truth would imply that I wasn’t before. But anyway…

Ralston: I mean be candid about these conversations.

Governor: And I’ll be candid about that.

Ralston: People, they must be showing concerns. And I don’t, I’m not suggesting–

Governor: No, no, and I know that.

Governor: My point is this: I have talked to many of these companies. Their top-line issue is the tax structure. That’s why they’re leaving California, because they’re being taxed, because they’re being over-regulated.

Ralston: But they’re not coming here. They’re not coming here yet. They’re not coming here because the higher education system and the lower education system … everybody agrees with it.

Governor: I have not heard that one.

Ralston: Oh come on.

Governor: Who is everyone?

Ralston: You have not heard … the business folks will say that. Education folks will say that. You have not heard once that businesses won’t move here because of the education system? Not once?

Governor: I have not heard that that is the reason why a company did not come here.

Ralston: Then what’s the reason? What possible … because we have a lower tax system than California and most neighboring states do. Do we not?

Governor: Most of the time it is because other states provide more incentives than the state of Nevada does, that provide them a bonus for coming there, or a deeper tax subsidies.

Ralston: Why can’t we provide those same level of incentives?

Governor: That’s one of the things I’m trying to do through my budget. I’m completely remaking the way economic development works in the state of Nevada. I want to create a catalyst fund that gives the state of Nevada the ability to provide the things that other states do.

Ralston: It does cost money, right?

Governor: It does.

Ralston: Tax incentives, you have to essentially, you might not like this verb, but bribe these folks with better deals than they can get elsewhere, right?

Governor: Well, not bribe, but part of it is this: they need relocation fees. Sometimes it does cost money to relocate your business. But over the long haul they recognize that our tax structure is much more beneficial. So New Mexico may throw a couple of million dollars at them upfront, but over ten years they’re going to save much more by coming to Nevada.

Ralston: So they’re mentioning the incentives more than the education system?

Governor: Yes.

After his speech to the Assembly, when asked why his conversations with corporations have revealed something so much different than Governor Sandoval’s, Ensign said, “I only know what’s been said to me.”

Ensign insisted he has spoken to “dozens” of companies who cite public education as their primary concern when considering relocation options.

Income Growth In Nevada Last In Nation

By Andrew Doughman | 12:15 pm March 23rd, 2011

A national analysis shows Nevada’s growth in personal income was last in the nation during 2010.

The federal government’s Bureau of Economic Analysis today released a report charting personal incomes for all 50 states during 2010.

Personal income growth in Nevada was 0.3 percent. Across the nation, personal incomes rose an average of 3.0 percent in 2010 after falling 1.7 percent in 2009.

The report analyzed incomes by industry. Most industries showed growth during 2010 with two industries continuing to decline: real estate and construction.

Personal incomes in Nevada grew by 0.3 percent during 2010. The national average was 3.0 percent.

According to the report, the average Nevadan makes $36,997 per year before taxes. The Bureau of Economic Analysis used the 2010 Census numbers to calculate that per capita income figure.

Nevada’s 2010 average income was ranked 31st in the nation. Connecticut was first in the nation with $56,001 and Mississippi was last with $31,186.

The lowest-in-the-nation personal income growth rate shows Nevada has enjoyed a less robust economic recovery than other states.

But Nevada is not alone in its low growth in personal incomes. Around the region, states bordering Nevada also lagged behind the national average in personal income growth.

The Nevada Legislature will be looking at economic indicators such as personal income growth as they wait for a May 1 revenue forecast. That projection will tell legislators how much the state has to spend during coming years and, in turn, the size of the state’s budget.

 

Legal Analysis Says Medicaid Rate Cuts To Nursing Home Industry Would Violate Federal Law

By Sean Whaley | 10:52 am March 23rd, 2011

CARSON CITY – A legal analysis provided to the skilled nursing home industry regarding a proposed Medicaid rate reduction to cover the cost of caring for Nevada’s seniors says the cuts would be a violation of federal law.

The analysis says the proposed reductions of $20 per Medicaid resident per day are being proposed in Gov. Brian Sandoval’s budget, “purely as a means to alleviate the budgetary crisis.”

Because Nevada has not performed the analysis required under federal law before such rates can be reduced, the cuts would be in violation of federal law in the jurisdiction of the 9th U.S. Court of Appeals, which includes Nevada, the analysis says.

“Therefore, the rate reductions, if implemented, will be a violation of federal law and will leave Nevada vulnerable to a series of costly legal challenges, which could well result in imposition of an injunction against the rate reductions, given the current judicial precedents,” the analysis says.

“The unlawful rate changes could also affect federal funding of Nevada’s Medicaid program,” the analysis says. “Therefore, the legislators must find alternate means of balancing the budget that do not include reducing rates to Medicaid providers.”

The memo from the legal firm of Lionel, Sawyer & Collins to Charles Perry of the Nevada Health Care Association, the organization that represents Nevada’s skilled nursing home industry, was provided to the Senate Finance Committee.

The committee took testimony on Senate Bill 54, which would change state law regarding a nursing facility provider tax to allow for the Medicaid rate reductions. The panel did not take action on the bill, which is being sought by the Sandoval administration.

The tax was implemented in 2003 with the support of the industry to improve the quality of care provided to Medicaid recipients living in skilled nursing facilities. It was intended to provide funding over and above the support in the general fund budget. SB54 would eliminate this requirement and save the state general fund about $10 million.

The panel was also told by nursing facility representatives that there are now two homes that are looking at closing if the reduction is approved by the Legislature. Initially the industry said as many as five facilities might close.

Charles Duarte, administrator of the Division of Health Care Financing and Policy, testified in support of the bill. But he acknowledged he has concerns that if the reimbursement rates are reduced, more issues with the quality of care provided to nursing home residents could arise.

Duarte said he is aware of the suggestion by industry representatives that some facilities could close if the reductions take effect, but that the agency would have to wait and see what the effects would be.

Sen. Sheila Leslie, D-Reno, said if closures do occur, those affected will be vulnerable elderly people and their families.

“It bears watching,” she said.

Analysis Suggests Big Financial Impact To Nursing Homes If Medicaid Reimbursements Are Cut

By Sean Whaley | 2:30 am March 23rd, 2011

CARSON CITY – An analysis of a cut in Medicaid payments to skilled nursing facilities proposed by Gov. Brian Sandoval paints a sobering picture for the industry and its future in Nevada.

The analysis was performed by Eljay LLC using cost report information from 32 of Nevada’s skilled nursing facilities. It evaluated what the loss of $20 per Medicaid patient per day residing in a skilled nursing home would mean. The company provides consulting services on design, redesign and implementation of Medicaid payment systems for nursing homes.

The conclusion: the $20 rate reduction would equate to an average loss of almost $500,000 for each of the facilities used in the analysis.

“Three facilities would have annual revenue reductions exceeding $1 million,” it says. “After the rate reduction, the average shortfall between Medicaid allowable costs and the rates paid would be almost $40 per patient day.

“For a 100-bed nursing home with 60 Medicaid patients, the average annual loss for caring for Medicaid patients would now be $870,000,” the analysis says.

It says a $500,000 reduction in Medicaid payments is the equivalent of about 15 percent of a 100-bed facility’s workforce.

“As a result, patient care would likely be seriously jeopardized and some facilities would likely have to close,” the Eljay analysis says.

The analysis is dated November 2010 but is based on the reductions in Sandoval’s budget.

The reduction in reimbursement is one of several Medicaid rate reductions proposed for many types of medical providers as a way to help balance Sandoval’s proposed $5.8 billion general fund budget.

The skilled nursing reductions would save nearly $10 million over two years. All the Medicaid rate reductions to all medical providers would save nearly $60 million in total over the same period.

The information in the analysis could come up at a hearing before the Senate Finance Committee this morning. The panel is set to take up Senate Bill 54 dealing with a tax nursing home operators agreed to impose on their industry several years ago to improve the quality of care to residents at their facilities.

The Department of Health and Human Resources has requested changes to the Fund to Increase the Quality of Nursing Care in order to implement the rate reduction.

Renny Ashleman, a lobbyist representing the Nevada Health Care Association, which represents the skilled nursing industry, said the language in the law has to be changed because the tax, which is matched with federal funds, was intended to augment funding for the facilities.

The proposed rate reduction would save the state general fund about $10 million, but the actual loss to the facilities is about $23 million when matching federal funds are included, he said. Ironically, the $23 million loss is just about what the tax generated to the facilities, Ashleman said.

In testimony in support of the bill before the Senate Health and Human Services Committee in February, Charles Duarte, administrator of the Division of Health Care Financing and Policy, said the reductions in Medicaid reimbursements are part of a budget that attempts to preserve essential services to Medicaid recipients. Any proposal to restore the cuts would have to include equivalent savings from other areas of the budget, he said.

Officials with Nevada’s skilled nursing facility industry have said the reduction in Medicaid reimbursement would lead to the closure of as many as five facilities, reducing the number of beds for the elderly needing their services by 700.

Think Tank Analysis Says Collective Bargaining Law Needs Reforms To Improve Student Achievement

By Sean Whaley | 2:00 am March 23rd, 2011

CARSON CITY – The author of a new analysis of Nevada’s collective bargaining law says the complex rules have worked to the benefit of teachers’ unions rather than students, making reforms essential to improve the state’s public education system.

In the analysis of Nevada’s collective bargaining law for the Nevada Policy Research Institute released today, author Greg Moo says it is time to revise the rules so real progress can be made on student achievement.

Titled “NRS288 – A Law Against Student Learning,” the analysis says the state statute that requires school districts to bargain with unions over a multitude of issues works against efforts to replace bad teachers.

“Why is it so hard to remove a teacher who’s not teaching and replace that teacher with one who is?” Moo asks in the executive summary of his analysis. “In Nevada, it’s because Chapter 288 of the Nevada Revised Statutes compels school districts to negotiate long, difficult and costly step-by-step procedures that district administrators must follow to terminate a teacher.

“Moreover, NRS 288 requires that school districts must collectively bargain with teacher unions on a whole shopping list of ‘subjects’ – making contract agreements between school districts and teacher unions into cumbersome obstacles to any school district effort to improve students,” he says.

Lynn Warne, president of the Nevada State Education Association, disagrees with the notion that collective bargaining laws negatively affect student achievement. Eight of the10 states that won federal grants to improve student performance in round two of the Race To The Top competition are collective bargaining states, she said.

States with high student achievement rates as demonstrated by graduation rates and  National Assessment of Educational Progress (NAEP) scores are strong union states with collective bargaining laws, Warne said.

“Collective bargaining does not stand as an impediment to innovation, to reform or student achievement,” she said.

In his analysis, Moo also points to the salary schedules used to provide pay raises to teachers – schedules that rely on years of service and increased educational attainment rather than performance in the classroom – as a problem area created by collective bargaining.

Eliminating teacher tenure and binding arbitration, where teachers and school district officials submit their differences to a panel of attorneys for a final decision on a contract dispute, would help Nevada move forward on student achievement, he said. The binding arbitration process has a history of favoring labor unions, Moo said.

Gov. Brian Sandoval has proposed some reforms to Nevada’s public education system in the 2011 legislative session, including eliminating teacher tenure. He has not proposed changes to the collective bargaining law himself, but has said he would welcome such a discussion in the Legislature.

Sandoval is also seeking a constitutional amendment to allow for a voucher program so parents could use tax dollars to send their children to private schools, including religious schools. But any such change is several years in the making.

Sandoval also wants a pay for performance plan for teachers, and has proposed ending pay increases to teachers who attain master’s degrees, as part of his budget.

Teachers have said Sandoval’s performance pay effort is inadequate at $20 million statewide.

As the NPRI study notes, a few bills have been introduced in the Legislature to make reforms to the collective bargaining process, although there has been no call yet for an outright repeal of the law as happened recently in Wisconsin.

Sen. Don Gustavson, R-Sparks, has introduced Senate Bill 162, which would revise the mandatory topics of collective bargaining for public employees. Sen. Michael Roberson, R-Las Vegas, has introduced Senate Bill 342, which calls for changes concerning collective bargaining between governments and public employees. The city of Reno is also seeking changes to the law in Senate Bill 78.

Moo’s analysis looks at collective bargaining only as it relates to public education.

The state’s school superintendents, facing the potential of reduced funding for teacher salaries in Sandoval’s budget, have also asked lawmakers for the ability to open up collective bargaining laws so such cuts can be implemented if they become reality.

Assembly Democrats have proposed some reforms of their own, including pay for performance for teachers. Democrats have also proposed a change to the probationary status of teachers in Assembly Bill 225. It would place post-probationary teachers back on probationary status if they receive negative evaluations two years in a row.

Warne said the NSEA is supportive of many reforms under discussion this session, including making pay for performance an element of compensation for teachers. The association also supports extending the teacher probationary period to three years and expediting the process to remove bad teachers, she said.

“Getting rid of a bad teacher, and getting rid of a bad teacher faster, we’re on board with that,” Warne said. “We’ve always said we don’t protect bad teachers, we protect the process.”

It remains to be seen which, if any reforms to collective bargaining or teacher performance, win approval in the 2011 legislative session.

Moo, who has a doctorate in educational policy and management from the University of Oregon, concludes: “It’s time for the makers of the rules to change the rules – so the game can be played as much to the benefit of student learners as to the benefit of teacher unions. As Michelle Rhee, former chancellor of the beleaguered public schools of the District of Columbia, put it, the problem isn’t students, ‘It’s the adults.’ ”

Audio clips:

Greg Moo, author of critique of Nevada’s collective bargaining law for teachers, says teacher tenure is a stumbling block to student achievement:

032311Moo1 :18 is really bizarre.”

Moo says the collectively bargained salary schedule for teachers rewards longevity over performance:

032311Moo2 :24 to do that.”

Teachers’ Union President Lynn Warne says states with high student achievement are collective bargaining states:

032311Warne1 :22 or NAEP scores.”

Warne says collective bargaining is not an impediment to student achievement or educational innovation:

032311Warne2 :06 or student achievement.”

Warne says the NSEA supports reforms, including improving the process to remove bad teachers:

032311Warne3 :10 protect the process.”

 

East Meets West: Haley Barbour Visits Nevada, Confirms Likely Presidential Run

By Elizabeth Crum | 3:33 pm March 22nd, 2011

Mississippi’s sixty-third governor today visited Nevada, a state which has been called “the Mississippi of the west”* because of its largely unskilled workforce and poor public education system.

Governor Haley Barbour, who is term limited, said he “doesn’t see a big (political) difference” between Western and Southern Republicans, either, a contention that will be tested at the Nevada polls if he takes a shot at landing himself in the Oval Office.

Barbour met with Republican party leaders, lobbyists, select legislators and Governor Brian Sandoval, planting his political flag in the state third on the presidential primary calendar.

“I’m here because I’m thinking about running for president,” Barbour frankly told reporters gathered at the Plaza Hotel in Carson City. Operatives in Washington D.C. say he is running and will probably announce sometime in April.

In a brief Q&A session, Barbour rejected the suggestion that Nevada is “a lock” for Mitt Romney and said he plans to compete in Nevada.

Barbour said he didn’t ask Governor Sandoval to support his presidential bid, adding that Nevada’s new chief executive should probably “keep his powder dry” at least until after the caucuses.

On the Issues

When asked about legislation he signed to require a prescription for pseudoephedrine products, a law also being considered here in Nevada, Barbour said the “minor inconvenience” to Sudafed users was worth it and that the restrictions are “working” because arrests are down. Pseudoephedrine is commonly found in cold medications and is the key ingredient for cooking methamphetamines.

Barbour supported storing nuclear waste at Yucca Mountain because “we’ve been collecting taxes for that specific purpose” and said he didn’t think that position would hurt his candidacy here.

When it comes to legalized prostitution, an issue over which Senate Majority Leader and native Nevadan Harry Reid recently stirred controversy, Barbour said that choice is up to Nevadans.

Profile

Barbour’s entry into politics began his senior year of college when he worked on Richard Nixon’s 1968 election campaign. He also ran the 1970 census for the state of Mississippi, later graduating with his law degree from University of Mississippi School of Law.

Barbour quickly moved up the ranks of Republican organizing, running Gerald Ford’s 1976 campaign in the Southeast. In 1982 Barbour was the Republican nominee for the U.S. Senate but was defeated by the Democratic incumbent despite an endorsement by President Ronald Reagan. He later served as an aide in the Reagan Administration and worked on the 1988 Presidential campaign of George H. W. Bush.

Barbour served as chairman of the Republican National Committee from 1993 to 1997. During his tenure, the GOP captured both the Senate and House for the first time since 1954.

Barbour was elected the new chairman of the Republican Governors Association in June of 2009 following the resignation of South Carolina governor Mark Sanford.

Barbour’s father was the third governor of Mississippi as well as a U.S. Senator.

___

*Update: A media colleague helpfully explains that Nevada has been called “the Mississippi of the west” in the past for reasons having to do with strained race relations in the 1950s and 60s. Guy Rocha, former Nevada State Archivist, has an interesting post that explains.

Assemblyman’s Bill Could Extract Millions In Revenue From Casinos

By Andrew Doughman | 1:23 pm March 22nd, 2011

CARSON CITY – Assemblyman William Horne, D-Las Vegas, may have just found the state $20 to $35 millions in new revenue.

Under his proposal, if you lose or do not redeem a paper voucher printed from a slot machine, the state would sweep that money into its coffers as unclaimed property. Right now, casinos pay taxes on that money and count the remainder as revenue.

Horne argued that the person owns the voucher rather than the casino. Additionally, he said it would be impossible to track down the owner of the voucher. So that money should revert to the state as unclaimed property.

The bill comes as lawmakers are desperately searching for money to fund state services.

The Assembly  Judiciary Committee debated Horne’s bill this morning.

Representatives from the gaming industry  testified against the bill. Conversely, progressive groups testified in support of the bill because any new revenue would help fund programs they want to save from elimination.

Pete Ernaut, lobbyist for the Nevada Resort Association, said that the underlying mission of the state’s unclaimed property is to match the property with its owner.

Ernaut said that the state Treasurer, who handles unclaimed property, would have to try to match every voucher with its owner. This could mean that the state would have to spend money to try to find the owner of a $1 voucher.

Ernaut gave the committee the $20 to $35 million estimate of the value of all tickets that currently go unclaimed.

Horne disagreed with Ernaut, saying that there is no identifiable information on the voucher.

“We also would contend that this does not become the property of the player until it is redeemed,” Ernaut said.

This would negate Horne’s argument that the voucher becomes a player’s property – not the casino’s – when the slot machine spits out a ticket.

But Horne dismissed Ernaut’s arguments.

“The opposition, they would like this to be a very complicated issue,” Horne said. “In the end, this is a simple case on unclaimed property and who should get it. All the other stuff just muddies the waters and tries to make it more complicated than it actually is.”

The committee took no action on the bill.

 

Proposed Medicaid Cuts To Skilled Nursing Homes Would Require Closures, Layoffs, Industry Officials Say

By Sean Whaley | 6:41 am March 22nd, 2011

CARSON CITY – Representatives of Nevada’s skilled nursing home industry say up to five facilities could close and 700 beds lost if a proposal in Gov. Brian Sandoval’s budget to cut the Medicaid reimbursement rate by $20 a day per patient comes to pass.

The closures would result in well-paid medical professionals being laid off and joining the ranks of Nevada’s already sizable population of unemployed, industry officials say.

It could also cause crowding problems in acute care hospitals because there would be no room in nursing facilities to take the seniors who are ready for release.

The reduction in reimbursement is one of several Medicaid rate decreases proposed for many types of medical providers as a way to help balance Sandoval’s proposed $5.8 billion general fund budget.

The skilled nursing reductions would save nearly $10 million over two years. All the Medicaid rate reductions to all medical providers would save nearly $60 million in total over the same period.

Donna Henderson, regional operations manager for Evergreen Health Care, which has five facilities in Nevada, said she does not expect to close any buildings. But layoffs are likely and Medicaid admissions will have to be capped if the cuts take effect, she said.

“It is better for me to have empty beds than Medicaid patients,” Henderson said. “We have not had a rate increase in Nevada in over nine years. I’ve been in the business for 32 years. These are dark times for long-term care.”

While her two facilities in Carson, one in Gardnerville, one in Ely and one in Pahrump are expected to remain open if the reimbursement rate cut takes effect, Henderson said she does believe there are other facilities in the state that will have to close their doors.

“They just won’t be able to operate under those conditions,” she said.

Daniel Mathis, chief executive officer for the Nevada Health Care Association, said the Medicaid reimbursement rate right now is $12 below cost, on average, for the skilled nursing industry in Nevada. Add another $20 reduction and the industry faces tough choices, he said.

“There is a business decision that has to be made by the providers: do they want to accept that patient,” Mathis said. “Because they are looking at if they do, they are going to lose money and be held accountable for providing care for that patient, and if they don’t their census will drop and their operation will fail that way as well.”

Charles Perry, president and government affairs liaison for the association, which represents Nevada’s long-term care industry, said it is an access to care issue. When hospitals have elderly patients ready for discharge, it is the skilled nursing industry that frequently takes them to provide a lower cost of care as they continue their recovery, he said.

“We are the hospitals’ safety-relief valve,” Perry said. “Now if we can’t take the patient out of the acute care hospital, that creates a problem within the hospital.”

Perry declined to name the facilities he expects will have to close if the rate decrease takes effect, saying to identify them would create panic for residents, their families and staff. The status of the reductions won’t be known until the Legislature finishes the budget in late May, he said.

“I can tell you there will be a large impact, if it comes to pass, in the rural areas,” Perry said.

Mike Willden, director of the Department of Health and Human Services, rejected the idea that rural nursing facilities would be forced to close if the rate reduction is implemented. Those rural facilities that are part of an acute care hospital are not affected by the proposed reduction but are reimbursed for their costs, he said.

The rate reduction would affect the 47 or so free standing skilled nursing facilities operated in urban areas of the state, Willden said. The agency does not have a lot of data on the profitability of the skilled nursing facilities, he said.

“I don’t know if they are making a profit or not,” Willden said. “I assume heretofore they have made a living or there wouldn’t be 47 facilities in business.”

Willden did note that the number of Medicaid recipients receiving care in a skilled nursing facility has remained stable over the past eight years at about 3,100 residents. Much of that has to do with providing less costly care in less restrictive settings, including the use of adult day care and home health care aides, he said.

These efforts are in keeping with a landmark 1999 U.S. Supreme Court decision called Olmstead, which requires minimal use of institutionalization, Willden said. An independent consultant in 2010 found that Nevada has been, “one of the leading states in the country in its commitment to Olmstead.”

Perry said the association is meeting with the hospitals as well to present a united front against the reimbursement rate reductions.

“We don’t want to get into a situation where we’re pitting provider against provider,” Perry said.

Darrin Cook, vice president of clinical and operational services for Fundamental, which has a number of facilities in Nevada, said the payment reduction could create a domino effect from layoffs to decreased quality of care to increased violations identified by state and federal regulators.

Patient care could suffer, and that would not do anyone any good, he said.

“It could mean closures, staff reductions, pay reductions,” Cook said.

Audio clips:

Charles Perry of the Nevada Health Care Association says skilled nursing facilities are the relief valve for hospitals:

032211Perry1 :25 within the hospital.”

Perry says naming the facilities that could close would create unrest:

032211Perry2 :11 unrest and uncertainty.”

Perry says if the rate decrease is approved, it would affect rural areas of the state:

032211Perry3 :09 the rural areas.”

Darrin Cook of Fundamental says the rate decrease could mean staff reductions and pay reductions:

032211Cook1 :11 in the country.”

Daniel Mathis, CEO of the Health Care Association, says the reduction will force providers to make difficult business decisions:

032211Mathis1 :22 as well, so.”

 

State Lawmaker Asks Tax Commission To Tighten Regulations On Mining Tax Deductions

By Sean Whaley | 6:56 pm March 21st, 2011

CARSON CITY – State Sen. Steven Horsford asked the Nevada Tax Commission today to act immediately to tighten up regulations on the deductions allowed to mining companies before they must pay the net proceeds on minerals tax to the state and counties.

Appearing as a Nevada citizen rather than as the Senate majority leader, Horsford, D-Las Vegas, submitted a petition asking for the review.

Horsford highlighted discrepancies between Nevada law and regulations relating to mining deductions. He cited the rising price of gold and gross proceeds of mines, yet a decline in net proceeds on which mining companies pay taxes.

“We need to make sure that the mining industry is paying their fair share under existing state law,” he said. “However, there is another apparent discrepancy between the law and actual regulation, and it appears that ambiguity may be contributing to a widening gap between gross and net proceeds.”

Horsford requested the commission commence with an emergency rule-making proceeding to amend and clarify the net proceeds of mines regulations. He also urged a speedy review, saying lawmakers are looking for any potential revenues that could help offset major program cuts in Gov. Brian Sandoval’s proposed budget.

Based on a time-line presented to the Tax Commission by interim Executive Director Christopher Nielsen for beginning field audits in May, this appears unlikely, however.

The state’s general fund revenue estimates will be revised on May 1, and the Legislature will then begin the process of finalizing the budget over the following 30 days.

“As a legislative leader seeking to resolve our state’s unprecedented budget shortfall, I am committed to making sure we are doing everything that we can to collect revenues due to the state,” Horsford said. “As a citizen, I am exercising my right to petition the Nevada Tax Commission at this time to make changes in the regulation that interprets how state law applies to deductions taken by mining companies and determining the net proceeds of minerals tax they owe the state.”

Earlier this month it was disclosed at a Senate hearing that audits of mining company reports on net proceeds tax payments had not been performed for two years. Nielsen today outlined to the commission the plan to begin those field audits.

Sandoval, appearing on the Face To Face television program today, said of mining: “I think they pay their fair share.”

He also said: “The mining industry is going to receive notice that they’re going to be audited in the very near future.”

“They’ve been following the law. These audits will determine whether or not they’re paying what they’re supposed to.”

Horsford said his review of the law and regulations implementing the law show some ambiguities that may be widening the gap between the gross proceeds and net proceeds used as the basis to pay taxes to the state.

The law says the deductions allowed to mining companies are limited to those related to actual costs of mineral extraction, transportation, refining and sale, he said. But the regulation supporting the statute goes much further, Horsford said.

“It allows for deductions for out out-of-state corporate salaries not directly connected to miming operations,” he said.

Other questionable deductions are also allowed, Horsford said.

“What I’m proposing will give Nevadans greater confidence the mining industry is paying what is required under state law,” he said.

Audio clips:

Sen. Horsford says the Tax Commission needs to move quickly to help ensure revenues owed to state by mining companies are collected:

032111Horsford1 :12 to the state.”

Horsford says the Tax Commission needs to change state regulations to ensure all appropriate taxes are collected:

032111Horsford2 :18 owe the state.”

Horsford says ambiguities between state law and regulation may explain the gap between gross and net proceeds:

032111Horsford3 :13 their deduction claims.”

Record-Breaking Numbers Of Students Rally Against Budget Cuts At Legislature

By Andrew Doughman | 5:08 pm March 21st, 2011

CARSON CITY – The Capitol had a new vibe this morning: less gray hair, more noise.

In what some say was the largest student protest ever held at the Legislature, more than 1,000 students thronged the cold, snow-swept capitol grounds to protest Gov. Brian Sandoval’s $162 million proposed cuts to higher education.

So what motivates record-breaking numbers of students representing all of Nevada’s universities and community colleges to swarm the state house?

Students repeatedly said they are “fed up” with budget cuts.

They are angry enough that 800 of them rode in a 15-bus, overnight convoy from Las Vegas to Carson City to tell legislators and the governor how upset they are. Hundreds of others bused in from across the state.

Hundreds of college and university students swarmed the Legislature in Carson City, Nev., on Monday, March 21, 2011, during a rally protesting proposed budget cuts to higher education. Photo by Cathleen Allison

Here is what is troubling them: Universities could raise tuition 10 – 15 percent, lay off staff and faculty, eliminate programs and reduce course offerings to absorb Sandoval’s cuts.

News like that brought so many people to the people’s house that one student organizer called the scene “controlled chaos.”

At the Legislature, students packed the Assembly and Senate chambers, chanted “hey, hey, ho, ho, budget cuts have got to go” in the foyer, swarmed up and down stairs and crowded the hallways.

They thronged inside the Capitol building to demand an audience with the governor only to discover the governor was in a meeting. Later that afternoon, Sandoval shook hands and met with students.

One journalist Tweeted that a lobbyist grumbled about “disruptive” students. But students wanted to be heard.

“We’re almost being kicked when we’re down,” said Belen Figueroa, a University of Nevada, Reno freshman. “It hurts. When you’re kicked enough, you’re going to fight back, and this is people fighting back.”

Amelia Walsh, a 21-year-old junior at UNR, sat next to her 18-year-old friend Connie Anderson on a charter bus bound for Carson City. The two said they feared their institution was heading down the tubes.

“I was born here and my family is here, but if there’s nothing going for Nevada, why would I stay?” Walsh asked.

Anderson said she has watched Nevada’s leaders chop away at the budget since she was 13-years-old. As she progressed through high school, UNR became more expensive while offering fewer programs and services.

With that history and with Sandoval’s proposed cuts framing the debate, she did not hold out much hope.

“Even though this is the proposed plan, it’s basically the plan,” she said.

Walsh had a similar outlook. She said Nevada’s leaders do “whatever they want.”

“We’ve had rallies before,” she said. “We’ve had buses go down before. It’s important to show that we do care but I don’t know how much good it will do, unfortunately.”

Still, it was important enough for Walsh to board a Carson-bound bus on the first Monday after Spring break. This in an era of supposed youth apathy and ambivalence toward government.

Has something changed?

“This year the fear has been more tangible than I’ve ever seen it,” said Sebring Frehner, president of Nevada State College’s student government. “This year I’ve actually seen school officials trying to control their shaking when they’re being told about these cuts.”

Many more students seem to be realizing the budget cuts affect them personally.

Walsh said that she’s under financial strain. She receives the Millennium Scholarship and her parents chip in, but she also spent Spring break working at Home Depot, where she works between 32 and 40 hours per week.

Students told stories like Walsh’s to legislators during a morning committee hearing. But Figueroa, who was sitting in the audience, was not impressed. She said she was even a little bit offended when two legislators seemed to be swapping jokes during student testimony.

“I don’t think disappointed is the right word, but I feel hesitant of the success of the rally,” she said. “…It really wasn’t getting through to them.”

That does not mean students are down and out.

“This single day will absolutely not bring about change,” Freshner said. “However, this isn’t the end of what we’re doing. This is the beginning.”