PROPOSED RULEMAKING
STATE BOARD EXAMINERS OF NURSING HOME ADMINISTRATORS
[49 PA. CODE CH. 39]
Fees
[29 Pa.B. 2582] The State Board of Examiners of Nursing Home Administrators (Board) proposes to amend § 39.72 (relating to fees) by revising certain fees to read as set forth in Annex A.
A. Effective Date
The proposed amendment would be effective upon publication of the final-form regulation in the Pennsylvania Bulletin.
B. Statutory Authority
The proposed amendment is authorized under section 7.1(a) of the Nursing Home Administrators License Act (act) (63 P. S. § 1107.1(a)).
C. Background and Purpose
Section 7.1(a) of the act requires the Board to set fees by regulation so that revenues meet or exceed expenditures over a biennial period. General operating expenses of the Board are funded through biennial license renewal fees. Expenses related to applications or services which are provided directly to applicants are excluded from general operating revenues and are funded through fees in which the cost of providing a service forms the basis for the fee.
In a recent systems audit of the operations of the Board within the Bureau of Professional and Occupational Affairs, the fees for services to licensees and applicants were analyzed to determine if the fees reflected the actual cost of providing the services. Actual costs are based upon the following formula:
Number of minutes to perform the function
x
Pay rate for the classification of personnel performing the function
+
A proportionate share of administrative overhead The analysis determined that current fees do not accurately reflect the actual cost of processing license applications, or the cost of the National Association of Examiners of Long Term Care Administrators (N.A.B.) examination or the complete licensing examination. Current fees do not reflect the actual costs of issuing temporary permits, certification of examination scores, verification of licensure, verification of temporary permits, continuing education provider applications and continuing education individual program applications. Fees for temporary permits, certification of examination scores, verification of licensure, continuing education provider applications and continuing education program applications have not been revised since July 23, 1988. While the fee for license applications has not been revised since December 22, 1990, fees for the N.A.B. examination and the complete licensing examination were last revised on January 27, 1996. The Board fee for verification of temporary permits is a new fee. The fee charged to continuing education providers exceeded the actual cost of the service provided, but all other fees fell short of the cost to provide the service.
In this proposal, fees for the services identified would be adjusted to allocate costs to those who use the service or application. The Board would continue to apportion the enforcement and operating costs to the general licensing population when the Board makes its biennial reconciliation of revenues and expenditures.
D. Compliance with Executive Order 1996-1
In accordance with Executive Order 1996-1 (February 6, 1996), in drafting and promulgating the proposed amendment, the Board considered the least restrictive alternative to regulate costs for services requested by licensees and applicants.
E. Fiscal Impact and Paperwork Requirements
The proposed amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The fees will have a modest fiscal impact on those members of the private sector who apply for services from the Board. The proposed amendment will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
F. Sunset Date
The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 30, 1999, the Board submitted a copy of this proposal to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee (Committees). In addition to submitting the proposal, the Board has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposal, it will notify the Board within 10 days of the close of the committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulation, by the Board, the General Assembly and the Governor, of objections raised.
H. Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposal to Melissa Wilson, Board Administrator, State Board of Examiners of Nursing Home Administrators, 116 Pine Street, Post Office Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Please reference No. 16A-626 (Fees), when submitting comments.
ROBERT H. MORROW,
ChairpersonFiscal Note: 16A-626. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 39. STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS
FEES § 39.72. Fees.
The following is a schedule of fees charged by the Board:
* * * * *
License application fee $[30] 40 N.A.B. examination fee $170 Effective January 1, 2000 $235 * * * * *
Complete nursing home administration examination $212 Effective January 1, 2000 $322 Temporary permit fee $[150] 145 Certification of examination scores $[15] 25 Verification of licensure or temporary permit $[10] 15 Continuing education provider application fee $[50] 40 Continuing education program application fee per credit $[10] 15 * * * * *
[Pa.B. Doc. No. 99-787. Filed for public inspection May 16, 1999, 9:00 a.m.]
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