The State of Nevada WICHE
Commission Meeting
Minutes for May 3, 2011
8:30 a.m.
Disc #2, File #21
Attendance: Executive Commissioner Carl Shaff, Commissioner Jane Nichols, Commissioner
Joseph Hardy, Jeannine Sherrick, Dana Westre, Cameron Vandenberg (Deputy Attorney
General), Brooke Nielsen (NSHE legal), Vic Redding (NSHE fiscal).
1.
Call to Order. Meeting was called to order by Commissioner Shaff at 8:31 a.m.
2.
Introductions, Commission Appointments. WICHE’s newest Commissioner is Senator
Joseph Hardy. Commissioner Shaff stated Senator Hardy is very familiar with WICHE,
has grown up in the State of Nevada, and is a lifelong resident. Commissioner Shaff was
also reappointed by Governor Sandoval, and he stated that he pleased and is looking
forward to serving on the Commission again.
3.
Approval of Minutes. Minutes from the March 1, 2011, WICHE Commission meeting
were reviewed. Commissioner Nichols moved for approval; Commissioner Hardy
seconded. Approved.
4.
Discussion, Recommendation, and Action Regarding Fiscal Year 2011 Support Fee
Reallocation for 2nd Year Nursing Participant’s Withdrawal From School. Ms.
Sherrick stated that the withdrawal of a 4th semester nursing student [Eliab Munyehirwe]
left $1,200 in the nursing allocation. Funds could be reallocated to an additional 4th
semester student. She recommended allocating the funds towards the Loan Repayment
program. Commissioner Nichols asked if there would be time to use the funds towards the
Loan Repayment program. Ms. Sherrick stated yes, the interviews are happening now,
selections will be made soon after and support will go out. Commissioner Nichols asked if
the funds then will be spent for Fiscal Year 2011, and not reverted. Ms. Sherrick answered
yes. Commissioner Nichols moved for approval; Commissioner Hardy seconded.
Approved.
5.
Discussion, Recommendation, and Action on Certification Policy for Non-United
States Citizens, and International Students. A fact sheet from the Nevada Legislature’s
Research Division provided information on what constitutes Nevada residency. Ms.
Nielsen stated that among the compacting states there are various statements and forms that
would indicate that U.S. citizens and certain non U.S. citizens can qualify, but would be
what is referred to as eligible non U.S. citizens. The Commission can consider that
Nevada’s sister states put that type of requirement into their applications. The question is
how a residency decision is made if the applicant is a resident of Nevada and not
necessarily a resident of the United States. NRS 397.060 states the requirement is one (1)
year residency in Nevada.
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Residency is decided based upon two things: The subjective intent of the individual to
permanently reside in Nevada, and some form of subjective evidence of their intent to
remain in Nevada, such as a Nevada driver’s license, voter registration, proof of rent or
property ownership, etc. The NSHE policy on how to establish residency in Nevada for
purposes of tuition has multiple items listed. There are things that the Commission, in
policy, could ask for to have students establish their Nevada residency. Whether to go to
the next step of establishing that they are eligible noncitizens is another subject to discuss.
An eligible noncitizen is someone who has either a permanent resident card, or has been
given permission to enter the country under asylum status. A student is not an eligible
noncitizen if he is on a student VISA. The Millennium Scholarship requires the applicants
to self-certify that they are either citizens or that they are in process of seeking citizenship.
Commissioner Shaff suggested that the subject be discussed and policy derived and
provided for the next meeting. Commissioner Nichols stated that she does not think that
with the scarce resources the Commission has that the Nevada Legislature intended for us
to be giving funds to someone who is not a U.S. citizen or an eligible non U.S. citizen. She
added that, in principle, the WICHE program helps Nevada children growing up in Nevada
who want to go to college or to professional programs, or to entice people to Nevada who
will meet Nevada health care needs and remain here. Under those circumstances, some of
the categories under non U.S. citizen are clearly not eligible. We have to look at each
program, as each is different. An applicant is either a U.S. citizen or an eligible non U.S.
citizen who has lived in Nevada for at least one year for those programs that require
Nevada citizenship.
Another issue is selection and prioritization. If two candidates are qualified but one is not a
Nevada resident or U.S. citizen, then the other candidate gets preference because the intent
of the WICHE program was clearly established with the purpose of serving Nevadans.
Commissioner Shaff stated he agrees, and added that he and Ms. Sherrick in the interview
process make every effort to ensure the candidates are Nevada residents and intend to stay.
WICHE can have the policy drawn and ready for the next meeting. Commission Hardy
stated that the intent of WICHE is to help Nevadans get an education and come back to
Nevada, and the priority is to those who have longevity here and have roots. If a person
has roots, they tend to come back to them. The priority should take this into consideration.
If candidates qualify for tuition in Nevada then they will qualify for tuition assistance
outside of Nevada. The eligible noncitizen that has asylum is a special instance. He added
he is not sure if it differentiates between non-asylum eligible, noncitizens that would blur
the political debate about candidates who are here illegally. He asked who is in the eligible
noncitizen category besides those under asylum. Ms. Nielsen stated that the status
“refugee” as defined in federal law includes Cuban Haitian entrance, conditional entrant,
someone who entered the country before April 2, 1980, victims of human trafficking, etc.
There is a specific list that goes beyond the word asylum; they are all here for special
reasons. Commissioner Hardy asked if those persons are eligible for citizenship if they so
apply. Ms. Nielsen answered she does not know the specific answer to that question.
However, if they are eligible for federal financial aid, and some of the sister WICHE states’
policies specifically say those that fit the definition of eligible non-U.S. citizens qualify,
they would qualify for Nevada WICHE assistance. Commissioner Hardy asked how many
in these various categories are in Nevada. Ms. Nielsen answered she would have to check
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with the immigration service for statistics. He asked if this was something the Commission
needs to solve. Commissioner Nichols stated that is the question but probably low on the
list of crises at this time. A policy can be drawn that WICHE will give preference to
Nevada residents, or in the case of Loan Repayment to entice people to come to Nevada,
give preference to Nevada residents as well as tighten the criteria for evidence that the
candidate intends to remain in Nevada. She added that she does not know if Nevada has
enough eligible non U.S. citizens to make this an issue and that Regional WICHE might
have information. Commissioner Hardy moved to table the citizenship issue for now and
make the priority to look at NSHE’s standard self certification process and give priority for
those who have been in Nevada the longest and intend to remain in Nevada. Commissioner
Nichols motioned to establish a policy for the selection of WICHE candidates that gives
priority to Nevada residents and to candidates with Nevada ties that clearly make it evident
that they intend to remain in Nevada. She added she does not know the legality of it, but
this is the intent. Further, she would like to include the NSHE tuition definition of legal
residence for a variety of reasons. It contains, in addition to the long list of evidence
needed to establish residency, Nevada high school graduates which is an appropriate item
to include in our preference for our Nevada residents. Commissioner Hardy seconded.
Approved.
6.
Certification of Fiscal Year 2011 HCAP Loan Repayment Applicants. A certification
list was provided. Ms. Sherrick stated that for the record all applicants have been properly
notified of their Open Meeting Law rights. There are no non-U.S. citizens in the list.
Commissioner Nichols asked if we are only certifying that these candidates are eligible for
funding and not yet chosen for funding; Ms. Sherrick answered yes. Interviews are over
the next three days in Reno and Las Vegas and then selections will be made.
Commissioner Nichols stated that on the list there is dentistry, mental health, nursing and
one physician assistant. Ms. Sherrick explained the Physician Assistant is an alternate for
the Loan Forgiveness program for Fiscal Year 2012. Commissioner Nichols asked if Ms.
Sherrick needs Commission direction on which fields to prioritize as well as approving the
applicant list. Ms. Sherrick answered that would be an upcoming agenda item.
Commissioner Hardy asked if the list is the potential candidates that will be interviewed;
Commissioner Shaff answered yes. Commissioner Hardy moved for approval of the
certification list; Commissioner Nichols seconded. Approved.
7.
Discussion, Recommendations, and Action Regarding Contingencies for Fiscal Year
2011 Potential Revenue Shortfall; Priorities and Selection of Fields to Fund. Ms.
Sherrick stated the Memorandum of Understanding for the collaboration with the Nevada
Health Service Corps (NHSC) was provided for reference. The collaboration is in dentistry
and mental health, and they want to continue to work with WICHE this fiscal year. The
total cost to fund all authorized Loan Repayment slots is $153,000. Revenues are currently
projected at $31,000 to $36,000 which is significantly short. The Commission needs to
prioritize which slots and how many slots to fund with the revenue we have to work with.
Ms. Sherrick recommended to keep the collaboration, and to fund one slot in each field to
keep each field funded. Dentistry and mental health are the collaborating fields; nursing is
the third field funded under the Loan Repayment program. Commissioner Nichols stated
she votes for mental health. Commissioners Hardy and Shaff agreed. Ms. Sherrick asked
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would the Commission like to fund one in each field to keep the fields funded
continuously, with excess funds applied to mental health. Commissioner Nichols answered
that with scarce resources she has no desire to put funding into dentistry for rural Nevada at
this point, that most of the need is in mental health. Commissioner Hardy agreed. Ms.
Sherrick stated that WICHE agreed to fund four mental health positions with the NHSC, if
there was funding, and she will verify with them how many they can actually match.
Commissioner Nichols motioned to make mental health a priority for the next biennium
since the full obligation cannot be met this year; Commissioner Hardy seconded.
Commissioner Hardy asked what is the current funding is for dentists and what is the need.
Is there a need for a dentist somewhere that we could fund that would really benefit the
children, or is it saturated because we have the dental school that gets out to those areas to
take care of the Medicaid children? Does WICHE currently fund a dentist that this will take
the money away from? Ms. Sherrick stated that there is a need. The dental school does
have individuals come to the clinic, and there are dental vans that go out to rural areas.
However, for example, in Mesquite all but the one dentist WICHE funds that provided
Medicaid services in that area have left. The WICHE-supported dentist may have to
potentially close his doors if he does not receive assistance, and that would leave no dental
provider for Medicaid. That is one example of the many dentists we fund. The dental
school does see the underserved, but they do not travel out to the rural areas. The funding
for dentistry is $14,400, and the NHSC matches that amount. Commissioner Hardy stated
that Medicaid dental coverage in Mesquite would be lost if we did not continue funding
that position. Ms. Sherrick stated yes, there is that potential. Commissioner Hardy asked
would the candidate be out $28,000 because it is a matching grant. Ms. Sherrick answered
the candidate does not qualify for the match; the only funding he can receive is through
WICHE ($14,400). She added the NHSC would like to match an individual that is on the
St. Mary’s Dental Van. Commissioner Shaff asked if we fund a dental slot at $14,000 does
that leave $16,000 to fund eight mental health slots on a matching basis, which are very
important to the Commission? Ms. Sherrick answered yes, if the NHSC can match.
Commissioner Hardy asked what the commitment is to fund in rural Nevada. Ms. Sherrick
answered there is authorization to fund twelve slots with revenues to support approximately
eight. Commissioner Shaff asked Mr. Redding if the $30,000 figure is realistic, or can
$40,000 be expected. Mr. Redding stated the $30,000 is realistic, and suggested that the
commission outline its priorities in the event $30,000 is exceeded. Commissioner Hardy
asked Mr. Redding if he understands that the Commission’s priority is to mental health
slots, should revenue exceed the $30,000. Mr. Redding answered yes, he understands the
priority. It was clarified that the candidate in Mesquite does not qualify for the matching
funds, and there are two candidates who qualify for the matching funds with the St. Mary’s
dental van. Commissioner Hardy stated that with so much of the Mesquite population
needing Medicaid dental coverage, a place where dental vans do not go, it would be a huge
loss to lose the Medicaid dentist.
Commissioner Nichols asked if there are two issues: Supporting the agreement that is in
place with the Office of Rural Health in the medical school, the federal match funding, and
supporting the dentist in Mesquite who does not qualify for this program; Ms. Sherrick
stated yes. WICHE wants to help that dentist in Mesquite as well as collaborate with the
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federal funding matching. Ms. Sherrick asked, if there is funding only for one dentist
would the Commission want to fund the non matching candidate or a matching candidate?
Commissioner Nichols asked if the allocation of funds were not to the matching program,
would it be allocated to the regular Loan Repayment program? She added it is important to
clarify that this loan repayment program is to match federal funds, and this discussion is
about how much will apply towards matching funds. Commissioner Nichols stated it is the
intent of the Commission to, and moved to, make the first priority to match in Mental
Health and, if possible, help the dentist in Mesquite. Commissioner Hardy agreed, asking if
there was another program that matches dental loan repayment. Ms. Sherrick answered no;
a dentist will be potentially lost without WICHE funding. Commissioner Shaff seconded.
Approved.
8.
Fiscal Reporting. The quarterly Aging, Accounts Receivable, CAIS Balance and
Collections reports were reviewed. There was no discussion.
9.
Discussion, Recommendations, and Action Regarding Determination of Primary
Legal Counsel for WICHE. Commissioner Shaff stated that Brooke Nielsen, NSHE
legal counsel, and Cameron Vandenberg, Deputy Attorney General, are both in attendance.
He has spoken to Keith Monroe regarding the situation, and it is Keith’s understanding the
university supplies legal counsel. Mr. Redding added his findings from a budget
perspective and how WICHE is funded. He spoke with the Attorney General’s office and
the budget analyst in the Governor’s office. It was determined WICHE is a General Fund
supported entity and the Attorney General’s office budgeted the hours to provide
representation to WICHE Commission issues. There are likely to be certain items the
Commission does administratively that are particular to NSHE and its policies and
procedures, rather than as a regular state agency, so those things will probably need NSHE
counsel. For the next biennium, the WICHE Commission legal representation will be the
Attorney General’s office. Ms. Vandenberg stated she has the same understanding. With
the WICHE staff being NSHE employees, it would be the State Attorney General’s office
advising NSHE employees, and that is an unusual arrangement.
Ultimately, Keith, Ms. Nielsen, and Ms. Vandenberg came to the conclusion that it was the
Commission’s decision regarding primary representation. Commissioner Nichols stated
that it appears there will be a bifurcated system. The body of the Commission in a public
meeting should be advised by the Attorney General’s office and, therefore, have Ms.
Vandenberg at the meetings. She added that, as Ms. Nielsen indicated, the Commission
operates under the administrative rules of NSHE, and there will be instances when Ms.
Nielsen’s representation will be needed; for example, writing policy on residency priorities
for WICHE applicants. For meeting purposes, the Commission will utilize the Attorney
General’s office, and the WICHE staff can use Ms. Nielsen as needed for particular
policies and procedures of the NSHE. She added that there are no funds to pay Ms. Nielsen,
NSHE pays for those services. With budget cuts, every penny is being watched it would be
necessary to cut down on the time we utilize her services. Commissioner Nichols moved
that the Commission will be legally served by the Attorney General’s office, and for items
that are related to NSHE policies and procedures Ms. Nielsen will be called upon;
Commissioner Hardy seconded. Approved.
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10.
New Business. Commissioner Nichols brought up the topic of the budget and issues that
need to be discussed. The WICHE budget is scheduled to close this Saturday in the joint
meeting of the fiscal committees. There were no issues or surprises with the information
provided to the Legislature, and it represents what the Commission discussed in prior
meetings. A final budget should be available within two weeks. Commissioner Shaff stated
that Mr. Redding does not feel a need for the Commissioners or staff to be in attendance as
there are no major issues. Commissioner Nichols stated she will be there, as well as Mr.
Redding, should any questions arise, but it is not expected.
Commissioner Nichols stated that at the previous meeting the Commission asked Ms.
Sherrick to track and testify on SB81, and asked Ms. Sherrick to speak to that bill. Ms.
Sherrick replied that any language pertaining to the withholding of licensure has been
removed from the bill. Mr. Redding added that it was Controller Wallace’s bill, and that it
put a lot of force behind the ability to withhold professional licensure and garnish bank
accounts. However, all of that language was amended out. The bill is alive but of no
relevance to the WICHE program.
11.
Public Comment. There was no public comment.
12.
Schedule Future Meeting Dates and Recommendations for Agenda Topics.
Commissioner Shaff requested the WICHE staff provide possible dates for future meetings.
Commissioner Nichols asked to have the dates for Fiscal Year 2012.
Commissioner Shaff welcomed Senator Joseph Hardy to the Commission, stating Senator
Hardy is familiar with WICHE and will be a tremendous asset. Commissioner Shaff
thanked him for deciding to serve on the Commission.
Ms. Nielsen thanked the Commission for the time she has worked with them, and stated she
looks forward to working with the Commission in the future, as needed.
13.
Adjournment. The meeting adjourned at 9:22 a.m.
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