Health care professional education endowment.

21LSO-0352
2021
STATE OF WYOMING
21LSO-0352
ENGROSSED
3.0

HOUSE BILL NO. HB0157

Health care professional education endowment.

Sponsored by: Representative(s) Harshman, Connolly, MacGuire, Walters, Washut and Zwonitzer and Senator(s) Furphy, Landen and Wasserburger

A BILL

for

AN ACT relating to health care education; creating an inviolate health care education endowment fund; providing for investment of monies in the fund; providing for distribution of monies; providing for the use of earnings for the support of certain health care education programs at the University of Wyoming and Wyoming community colleges or the western interstate commission for higher education professional student exchange program; authorizing the use of earnings for student support payments and administrative costs; specifying goals; creating a board; requiring rulemaking; generally providing for administration of the act; providing a continuous appropriation; providing for consideration of an additional supplemental appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S.
21
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16
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1701 through 21
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16
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1706 are created to read:

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16
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1701.

Short title
.

This article shall be known and may be cited as the "Wyoming Front Line Health Care Education Funding Act."

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16
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1702.

Definitions.

(a)

As used in this article:

(i)

"Board" means the Wyoming front line health care education endowment fund board created by W.S. 21
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16
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1704;

(ii)

"Cost of attendance" means as defined in W.S. 21
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16
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1301(a)(v);

(iii)

"Department" means the department of education;

(iv)

"Eligible institution" means the University of Wyoming or a Wyoming community college
or the western interstate commission for higher education professional student exchange program
;

(v)

"Endowment fund" means the Wyoming front line health care education endowment fund created by W.S. 9
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4
‑
204(u)(ix);

(vi)

"Income account" means the Wyoming front line health care education endowment fund income account created by W.S. 21
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16
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1703(b);

(vii)

"Medical technician program" means a program that leads to a certificate or associate degree generally required to engage in health care by performing tests or other support services for physicians, physician assistants and nurses in a hospital or laboratory setting;

(viii)

"Unmet financial need" means as defined in W.S. 21
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16
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1301(a)(xviii).

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16
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1703.

Wyoming front line health care education endowment fund; income account created; expenditures; purposes.

(a)

The Wyoming front line health care education endowment fund is created as provided by W.S. 9
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4
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204(u)(ix). The endowment fund shall consist of those monies designated to the fund by law. Monies deposited to the endowment fund

are

inviolate and constitute a perpetual fund which shall be invested by the state treasurer as authorized under W.S. 9
‑
4
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715(a), (d) and (e) and in a manner to obtain the highest return possible consistent with preservation of the endowment fund corpus.

(b)

The state treasurer shall credit annually to a Wyoming front line health care education endowment fund income account the earnings from endowment fund investments up to the spending policy amount established in W.S. 9
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4
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719(y). Earnings for any fiscal year in excess of the spending policy amount shall be credited to a reserve account as provided by W.S. 9
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4
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719(u).

(c)

Monies in the income account are continuously appropriated to the board for purposes of this article.

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16
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1704.

Wyoming front line health care education endowment fund board established; terms; meetings; duties.

(a)

There is created Wyoming front line health care education endowment fund board. The members shall be as follows:

(i)

One (1) member appointed by the University of Wyoming board of trustees;

(ii)

One (1) member appointed by vote of the presidents of Wyoming community colleges;

(iii)

One (1) member appointed by the community college commission;

(iv)

Two (2) members who are active or retired health care providers appointed by the governor and confirmed by the senate;

(v)

Two (2) members of the public, one (1) appointed by the president of the senate and one (1) appointed by the speaker of the house of representatives.

(b)

Members of the board shall serve for six (6) year terms, except that the members appointed pursuant to paragraphs (a)(i) through (iii) of this section shall serve an initial term of three (3) years.

The board shall select one (1) of its members to serve as chair.

(c)

The board shall meet as it determines necessary. All members shall serve without compensation for board service.

Members who are not state employees shall be paid per diem and mileage for attending board meetings in the manner and amounts provided by law for state employees. The department of education shall provide budget, fiscal, administrative and clerical services to the board at a reasonable rate established by the department and agreed to by the board.

(d)

The board may expend monies from the income account for distribution to eligible institutions as provided in W.S. 21
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16
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1705 and 21
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1706 and for
administrative expenses incurred by the board and the department for services provided to the board.

(e)

The board shall adopt rules in accordance with the Wyoming Administrative Procedure Act as it determines necessary to carry out its duties under this article. The board shall not expend any funds from the income account, other than for administrative expenses of the board, until rules adopted by the board have become effective. Board rules shall include:

(i)

Provisions for determining the allocation of endowment fund earnings for establishment and support of the health care education programs specified in subparagraphs (ii)(A) through (C) of this subsection and for payments for student enrollment in those programs as provided in this article;

(ii)

Work requirements and other payment and repayment provisions for students receiving funds through eligible institutions under this article. These provisions shall be comparable to:

(A)

Terms of the Wyoming investment in nursing program under W.S. 9
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2
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123 for students in a nursing program eligible for student support payments under this article;

(B)

Terms for physician assistants under the repayment programs in W.S. 21
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202 for students in a physician assistant program eligible for student support payments under this article;

(C)

Terms for allied health care providers under the repayment programs in W.S. 9
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2
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119 for students in a medical technician program eligible for student support payments under this article.

(iii)

Criteria and procedures for board approval of the form and substance of agreements between eligible institutions and students for receiving funding under this article, including repayment provisions;

(iv)

Criteria and procedures to approve a health care education program for funding under this article and for the amount of funding provided;

(v)

Procedures for distributing approved student support payments and program support payments to eligible institutions;

(vi)

Provision for the allocation of total earnings each fiscal year in accordance with
periodic analysis by the department of workforce services of the data showing long
‑
term projected needs for health care providers compared to the available workforce in all health care occupations in Wyoming. Prior to the first completed analysis under this paragraph, allocation shall be made in accordance with
the following:

(A)

Forty percent (40%) to fifty percent (50%) shall be allocated to programs and student support payments for programs described in subparagraph

(h)(i)(A) of this section;

(B)

Twenty
‑
five percent (25%) to thirty percent (30%) shall be allocated to programs and student support payments for programs described in subparagraph

(h)(i)(B) of this section;

(C)

Twenty
‑
five percent (25%) to thirty percent (30%) shall be allocated to programs and student support payments for programs described in subparagraph

(h)(i)(C) of this section.

(f)

The board may:

(i)

Vary the governing terms of agreements between students and eligible institutions as the board determines best meets the goals specified in this article.

In making these determinations the board shall consider, among other things, other state and federal programs providing payments for students enrolled in health care education programs and loan repayment programs for the same;

(ii)

Consult with other governmental agencies and persons, as necessary;

(iii)

Accept or decline federal grants and other contributions, grants, gifts, transfers, bequests and donations of any money or property from any source.

Funds
received by the board shall be deposited with the state treasurer, to be credited either to the endowment fund or the income account, consistent with the conditions attached to their receipt;

(iv)

Recommend to the legislature changes to funding or other provisions of this article.

(g)

The board shall annually report to the governor and the legislature no later than September 1 of each year commencing in 2022 with respect to all federal grants, state appropriations and other contributions, grants, gifts, bequests and donations received and credited to the endowment fund and income account during the preceding fiscal year.

The report shall include all allocations of funds by the board to each eligible institution of higher education under this article, including the allocation of funds for program implementation and support and for student support payments under this article.

The report shall include progress made to fulfill the goals stated in this article.

(h)

In adopting rules and allocating funds pursuant to this article
prior to the analysis by the department of workforce services in paragraph (e)(vi) of this section
the board shall be guided by the following goals:

(i)

To provide payments in each year of expenditure to support not fewer than:

(A)

Twenty (20) students enrolled in a program leading to degree supporting licensure as a physician assistant;

(B)

Twelve (12) students enrolled in a baccalaureate degree program supporting licensure as a nurse;

(C)

Twenty (20) students enrolled in an

associate degree or certificate program supporting licensure as a medical technician.

(ii)

To provide to students enrolled in a program specified in subparagraphs (i)(A) through (C) of this subsection all or a portion of the student's unmet
need for cost of attendance incurred for enrollment in the program in accordance with agreements between the institutions and students;

(iii)

To establish or support geographically dispersed health care education programs specified in this article among eligible institutions.

In achieving this goal the board shall recognize economic efficiencies but shall not allow those efficiencies to be the sole basis not to support geographic dispersal of programs;

(iv)

To provide underserved communities with the health care providers identified in this subsection.

In carrying out this article the board shall rely on assessments of the state's health care needs by geographic areas and by particular health care services as conducted by the office of rural health care and shall prioritize agreements under this article accordingly.

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1705.

Student support; agreements; payments.

(a)

Before expending any funds provided under this article on behalf of a student enrolled in a health care
provider program the eligible institution shall obtain an agreement whereby the student agrees to apply for federal financial assistance and any employer based financial assistance for which the applicant may be eligible and:

(i)

Actively engage in professional health care practice in Wyoming for the period required by board rules for the program in which the student is enrolled; or

(ii)

Repay all amounts expended by the state under this article on the student's education, together with interest, upon terms specified by board rule for the program in which the student was enrolled.

(b)

The board shall provide approved student support payments to the eligible institution at which the student is enrolled. In consultation with eligible institutions the board shall establish procedures for transferring students and for reporting requirements on the expenditure of transferred student support payments.

(c)

Cash repayment of student support payments and interest thereon shall be made to the appropriate eligible
institution, forwarded to the board and credited to the income account.

(d)

Student support payments under this article which pay for tuition and fees shall be separately accounted for by the eligible institution.

These funds shall be used by the institution solely for the support of education and training in the program in which the student is enrolled.

The receipt and expenditure of these funds shall be identified in the university's biennial budget request and separately for each college in the biennial budget request of the community college commission.

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1706.

Establishment and support of health care education programs.

(a)

The board may expend from the income account monies to eligible institutions for instructor positions and to acquire instructional and resource materials and classroom equipment necessary to establish or support a health care education program specified in W.S. 21
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16
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1704(h). Eligible institutions may collaborate on the use of funds received under this article, including
entering into consortium agreements for the operation of a program.

(b)

Funds distributed under this section shall be subject to the following:

(i)

Eligible institutions shall apply to the board for funding of health care education programs at times determined by board rule;

(ii)

The funds shall be designated as Wyoming front line health care education endowment monies, accounted for separately from funding provided under the allocation model under W.S. 21
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205(c) and special purpose funding under W.S. 21
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205(e) and shall not be transferred to or expended for any other purpose;

(iii)

The funds shall be expended only for programs determined by the board to be eligible for funding under this article.

(c)

The community college commission shall cooperate with the board, the department of health, community
colleges and the University of Wyoming to establish programs of training and education for the professional health care services specified in W.S. 21
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1704(h). The programs may be offered at the University of Wyoming or one (1) or more community colleges, or both, in collaboration.

Section 2.

W.S. 9
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4
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204(u) by creating a new paragraph (ix), 9
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4
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714(a)(v), 9
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719 by creating new subsections (t) through (y) and 21
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202(b)(v) and (d)(i) are amended to read:

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4
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204.

Funds established; use thereof.

(u)

Other funds defined as follows shall be classified by the state auditor pursuant to subsections (s) and (t) of this section:

(ix)

Wyoming front line health care education endowment fund – to consist of funds appropriated or designated by law, or by gift from whatever source. In accordance with Wyoming Constitution Article 15, Section 20, monies within the fund shall not be expended and may be invested in the same manner as other permanent funds of the
state. Earnings from investment of monies within the fund shall be distributed and expended as provided by law.

9
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4
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714.

Definitions
.

(a)

As used in this act:

(v)

"Permanent funds" means the permanent Wyoming mineral trust fund under W.S. 9
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4
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204(u)(iii), the Wyoming permanent land fund under W.S. 9
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204(u)(iv), the excellence in higher education endowment fund under W.S. 9
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204(u)(vi), the Hathaway student scholarship endowment fund under W.S. 9
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4
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204(u)(vii)
,

and
the Hathaway expand Wyoming scholarship endowment fund under W.S. 9
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4
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204(u)(viii)
and the Wyoming front line health care education endowment fund under W.S. 9
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204(u)(ix)
;

9
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4
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719.

Investment earnings spending policy permanent funds.

(t)

There is created the Wyoming front line health care education endowment reserve account. Interest and other earnings on funds within the account shall be
credited to the account.

As soon as possible after the end of each of the fiscal years beginning on and after July 1, 2022, revenues in this account in excess of two hundred percent (200%) of the spending policy amount in subsection (y) of this section shall be credited to the Wyoming front line health care education endowment fund created by W.S. 9
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4
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204(u)(ix).

(u)

The earnings from the Wyoming front line health care education endowment fund during each fiscal year beginning July 1, 2022, in excess of the spending policy amount established in subsection (y) of this section shall be deposited by the state treasurer to the Wyoming front line health care education endowment reserve account. The excess earnings shall be credited to the reserve account as soon as practicable after the end of the fiscal year but no later than ninety (90) days after the end of the fiscal year.

(w)

To the extent the spending policy amount established in subsection (y) of this section exceeds earnings from the Wyoming front line health care education endowment fund for the prior fiscal year, the state
treasurer shall distribute from the Wyoming front line health care education endowment reserve account an amount equal to the difference, and such amounts are continuously appropriated from the reserve account for that purpose.

Any funds distributed pursuant to this subsection shall be distributed no later than ninety (90) days after the end of the fiscal year and shall be distributed and expended as provided in the Wyoming Front Line Health Care Education Funding Act for earnings from the Wyoming front line health care education endowment fund.

The state treasurer in consultation with the Wyoming front line health care education endowment fund board, shall report to the governor, joint appropriations committee, joint education interim committee and select committee on capital financing and investments no later than November 1 of any year in which funds have been or are anticipated to be distributed from the reserve account under this subsection.

(y)

The annual spending policy amount for the Wyoming front line health care education endowment fund is an amount equal to five percent (5%) of the previous five (5) year average market value of the fund, as calculated from the first day of the fiscal year.

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202.

Powers and duties of the commission.

(b)

The commission shall perform the following coordination functions. In performing these coordination functions all affected colleges and the commission shall be involved:

(v)

Coordinate the provision by means of electronic internet or similar proprietary or common carrier electronic system technology, by a community college or several community colleges, the general education courses necessary for completion of an educational program in the field of nursing at a community college
,

or
a baccalaureate degree program in nursing at the University of Wyoming
, and certificates or degrees for health care education programs provided pursuant to W.S. 21
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1706
;

(d)

The commission shall perform the following approval functions:

(i)

Approve all new academic programs, including
:

(A)

A
pplied baccalaureate degree programs, qualifying for state funding pursuant to the statewide community college strategic plan developed under subsection (h) of this section;

(B)

Health care education programs established pursuant to W.S. 21
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16
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1706.

Section 3
.

The state treasurer and state auditor may use interfund loans as authorized by W.S. 9
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1
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417 to fund the administrative expenses of the board until sufficient earnings from investment of monies in the
Wyoming front line health care education endowment fund
have been deposited to the income account created in section 1 of this act to pay administrative expenses of the board, including repayment of any loans made under this section.

Section 4
.

Members of the
Wyoming front line health care education endowment fund board created by section 1 of
this act shall be appointed within thirty (30) days of the effective date of this act.

Section 5
.

The joint appropriations committee or any other committee tasked with developing legislation to appropriate unexpended, unobligated funds appropriated in 2020 Wyoming Special Session Laws, Chapter 1, Section 2(b), or any additional COVID
‑
19 relief or other federal funds made available for appropriation by the state in the 2021 or 2022 fiscal years, shall consider funding the endowment fund and the reserve account created in sections 1 and 2 of this act in legislation sponsored by the committee in any special session or the 2022 budget session.

The total proposed appropriation for the fund and account shall only be supplemental to any other appropriation made to the fund and account and shall be limited so that the total of all appropriations to the fund and account do not exceed sixty million dollars ($60,000,000.00).

Section 6.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0157