Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Health Facilities topic
No spam. Unsubscribe anytime.
Health Facilities Commission to use reserves while rulemaking proceeds on $25 CNA application fee
Summary
The Health Facilities Commission requested a bridge contract to cover a $25 certified nursing assistant application fee after discovering it lacked rulemaking authority to let the contractor collect the fee; the commission will use reserves until rulemaking is complete (expected 06/30/2026).
Logan Grant, executive director of the Health Facilities Commission, told the committee the agency competitively procured a contract with DNS to process certified nursing assistant applications but later discovered the agency "did not actually have the specific rulemaking authority ... for the contractor to impose that $25 fee." He said the commission will take money from reserves to cover that $25 fee until June 30, 2026, when the agency expects the rule to be in place.
Committee members questioned whether the agency had considered emergency or expedited rulemaking to shorten the timeline and reduce an estimated bridge cost (committee members referenced a figure of about $550,000). Grant said the agency considered emergency rules but was concerned the attorney general's office might not find the matter met the emergency standard; he said the agency also wanted to allow employers and industry time to adjust, including the possibility some employers would cover the fee for employees. Chairman Watson suggested asking the attorney general's office to review whether the agency can impose the fee as written and whether emergency rulemaking could apply; the department agreed to return with clarification.
The committee did not reject the bridge approach but sought a short follow-up on legal authority and whether an expedited rule could be used. The agency said it will return with additional information per the committee’s request.
