Committee questions DOPL as two licensure boards run deficits; residential care docket held for financial plan

BOISE — Members of the Idaho House Health and Welfare Committee pressed Division of Occupational and Professional Licenses staff on Thursday over persistent deficits in two licensure boards and voted to hold a pending rule until the boards supply a financial recovery plan.

Cecily Metcalfe, board services program manager for DOPL and executive officer for the boards, told the committee that the Idaho Board of Examiners of Residential Care Facility Administrators had a cash balance of negative $109,271.24 as of Sept. 30. She said the board has 440 licensees and that, without changes, the board had been projected to remain deeply negative; with the pending fee adjustments in the rule the board is projected to reach approximately 31% of the five-year rolling average by the end of fiscal year 2028.

"We are working on the same plan. We're looking at efficiencies. We're looking at whether to raise fees or not," Metcalfe said when asked about an action plan to correct the board's deficit. "We know that this is a first step and we will continue to look at what we can do to further get this board in line with that no less than 30% average that's required."

Metcalfe also reported that the Idaho Board of Examiners of Nursing Home Administrators carried a negative cash balance of $7,128.78 as of Sept. 30 and said DOPL expects to pursue negotiated rulemaking and other efficiencies to address fees and expenses.

Committee members repeatedly urged quicker corrective action and requested a written history of revenues and expenditures. Representative McCann asked DOPL to provide a back history explaining how the residential care board reached its deficit position; Metcalfe said she could compile and email the requested materials. Representative VanderWag (spelled in transcript as several variants) said she would not support approving the residential care docket until the board provides a plan to get back into the black.

The committee's actions The committee did not approve the pending residential care administrators docket (24-1901-2401) during today's meeting. Instead it approved an amended substitute motion to hold the docket and required DOPL to return with a financial plan and historical data no later than Feb. 12.

Why this matters Boards operating outside the statutory cash-balance range trigger legislative oversight because boards fund licensing operations through fees rather than general tax revenue. The committee referenced intent language tied to Senate Bill 1442 (2024), which directed DOPL and boards to be mindful of cash balances and to present plans where boards operate below required thresholds.

What DOPL said about remedies Metcalfe described steps DOPL is taking: consolidating similarly situated boards, implementing a new licensing system, cross-training staff, and pursuing negotiated rulemaking on fee adjustments. She also noted an introduced bill to combine the nursing home administrators and residential care administrators boards; she said consolidation, if enacted, would reduce the number of distinct boards and is expected to create administrative efficiencies.

Workbook and reporting requests Committee members requested: - A written financial history for the residential care administrators board showing revenues and expenditures over previous years. - A clear plan describing anticipated fee changes, administrative savings from consolidation, and a timeline for returning the board to statutory cash-balance requirements.

Ending The committee set a time-certain return for Feb. 12 and signaled it may revisit the rule within the session if the board submits the requested materials earlier. DOPL staff agreed to prioritize the request.