Title 013 | Chapter 005 | Regulation 010


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COUNCIL ON POSTSECONDARY EDUCATION
(New Administrative Regulation)

13 KAR 5:010.Healthcare training scholarships.

Section 1.

Definitions.

(1)

"Council" is defined by KRS 164.001(8).

(2)

"Eligible healthcare credential" is defined by KRS 164.0401.

(3)

"Eligible postsecondary institution" means an institution licensed by the Council or the Commission on Proprietary Education to operate in Kentucky that offers a healthcare program.

(4)

"Fund" means the healthcare workforce investment fund as established by KRS 164.0402.

(5)

"Healthcare partner" is defined by KRS 164.0401(5).

(6)

"Healthcare program" is defined by KRS 164.0401(6).

(7)

"Kentucky resident" is defined by KRS 164.020(8).

(8)

"Match" means general fund appropriation monies from the fund provided to the institution subject to funds availability, based on at least a dollar-for-dollar contribution from the healthcare partner pursuant to KRS 164.0402(3)(a).

(9)

"Steering committee" means the healthcare workforce investment steering committee established by the Council for the purpose of advising on issues related to healthcare training scholarships, including determining funding allocations, defining partnership proposal criteria, and making awards. The steering committee shall be comprised of a minimum of nine (9) members who have experience in healthcare programs, healthcare workforce, state government, and a minimum of one (1) member of the Council on Postsecondary Education. On making selections to the committee, and to the extent possible, the Council shall ensure equal representation of the experiences listed, and diversity in geography, healthcare program discipline, and size of healthcare workforce provider.

Section 2.

Notice of Funding Opportunities.

(1)

Each year that general fund appropriations are available for distribution through the healthcare workforce investment fund, the Council shall publish notice of availability of funding opportunities for partnerships and issue a request for partnership proposals.

(2)

The notice and request for partnership proposals shall include:

(a)

The funding period;

(b)

The date by which to submit a partnership proposal;

(c)

The dollar amount of available matching funds;

(d)

The partnership proposal evaluation criteria and relative weighting of each criteria;

(e)

How to submit a partnership proposal; and

(f)

The targeted date for making awards.

Section 3.

Partnership Proposals. To be eligible for funding, a partnership proposal shall include:

(1)

The participating healthcare partners and healthcare programs certified by the signature of their respective chief executive officers and a designated point of contact and contact information for each partner;

(2)

Certification that the healthcare program is offered by an eligible postsecondary institution or a Kentucky public high school or secondary career and technical center offering a healthcare vocational program;

(3)

The total proposed budget for the program, which includes the healthcare partner contribution and the amount of healthcare workforce investment funds requested for match in accordance with requirements set forth by the Council;

(4)

A narrative explaining how the institution plans to use the healthcare partner contribution and match from the fund to award healthcare training scholarships in eligible healthcare credentials;

(5)

A description of the healthcare program's plan for student recruitment, scholarship award criteria, and selection process;

(6)

An explanation of how the healthcare program shall increase student enrollment in eligible healthcare credentials, program completion, and meet local, regional, or state workforce demands;

(7)

An explanation of how the healthcare partner shall onboard and retain graduates;

(8)

An explanation of how graduates shall be supported through their service obligations;

(9)

A response to any other partnership proposal criteria as determined by the steering committee;

(10)

A description of how the partnership proposal shall meet the priorities set forth in KRS 164.0403;

(11)

A statement of assurances that statutory requirements shall be satisfied as set forth in KRS 164.0403; and

(12)

The amount of the healthcare partner's contribution certified by its chief financial officer and supported by appropriate documentation.

Section 4.

Evaluation Process.

(1)

The steering committee shall review and rank each completed and timely submitted proposal on the extent to which the application meets the priorities set forth in Section 3 of this administrative regulation.

(2)

Once the proposals are evaluated and ranked, the steering committee shall consider the distribution of funds to avoid a concentration in a small number of partnerships before determining final amounts awarded and the number of awards to be made.

(3)

Once award distributions are finalized by the steering committee and approved by the Council, the Council shall notify the designated points of contact of the award.

Section 5.

Partnership Awards.

(1)

Upon award, the Council, the healthcare partner, and healthcare program shall enter into a partnership contract in accordance with the terms set forth in KRS 164.0403.

(2)

Once the partnership contract is finalized, the Council shall disburse from the fund moneys deposited by the healthcare partner and the matching funds appropriated by the General Assembly to the healthcare program.

Section 6.

Responsibilities of the Healthcare Program. After an award is made and a partnership contract is finalized, a healthcare program shall:

(1)

Establish and enforce a healthcare training scholarship application and process for solicitation, acceptance, and review of scholarship applications from students who are Kentucky residents in collaboration with the partner healthcare partner;

(2)

Encourage healthcare training scholarship applicants to complete the Free Application for Federal Student Aid, if applicable;

(3)

Establish healthcare training scholarship deadlines;

(4)

Award healthcare training scholarships;

(5)

Develop and administer a scholarship contract between the recipient and the healthcare program in accordance with KRS 164.0403; and

(6)

Meet any reporting requirements set forth in the partnership contract.

MADISON SILVERT, Chair
STERLING CRAYTON, Attorney
APPROVED BY AGENCY: June 29, 2023
FILED WITH LRC: June 30, 2023 at 1 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 21, 2023 at 10:00 a.m. EST at the Council on Postsecondary Education, 100 Airport Road, Second Floor, Frankfort, Kentucky 40601 in Conference Room A. Individuals interested in being heard at this hearing shall notify this agency in writing five workdays prior to the hearing of their intent to attend. If no notification to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until September 30, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Sterling Crayton, Attorney, Council on Postsecondary Education, 100 Airport Road, Second Floor, Frankfort, Kentucky 40601, phone 502.573.1555, email sterling.crayton@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Sterling Crayton
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the Kentucky Healthcare Training Scholarships, established in KRS 164.0402, designed to reduce the financial barriers of Kentucky residents seeking high-demand eligible healthcare credentials.
(b) The necessity of this administrative regulation:
KRS 164.0402 requires the Council on Postsecondary Education to promulgate regulations to administer the Kentucky healthcare workforce investment fund. KRS 164.0403 requires the Council to set forth the requirements for partnership proposals between healthcare providers and healthcare partners to provide healthcare training scholarships to Kentucky residents enrolled in eligible healthcare programs in Kentucky.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The administrative regulation conforms explicitly to the authorizing statute.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation creates a process for issuing notice of funding opportunities, sets requirements for partnership proposals, creates an evaluation process, and a process for making awards as required by the statutes.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
N/A.
(b) The necessity of the amendment to this administrative regulation:
N/A.
(c) How the amendment conforms to the content of the authorizing statutes:
N/A.
(d) How the amendment will assist in the effective administration of the statutes:
N/A.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Public postsecondary institutions, private postsecondary institutions licensed by the Council on Postsecondary Education or the Commission on Proprietary Education, a Kentucky public high school, or secondary career and technical center offering a healthcare vocational programs that offer eligible healthcare credentials are all eligible to collaborate on a proposal with a healthcare partner. A healthcare partner is defined as a grantor to the Kentucky healthcare workforce investment fund that is a healthcare provider as defined in KRS 367.4081, a healthcare facility licensed by and operating in Kentucky, a qualified mental health professional as defined in KRS 202A.011, or any healthcare or healthcare-related association, individual, or corporation doing business in and incorporated under the laws of the Commonwealth as defined in KRS 164.0401(5). The number of both groups total in the hundreds. None are required to participate.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
A detailed explanation of the actions the entities referenced in paragraph (3) of this subsection will be required to undertake in order to comply with the proposed administrative regulation:
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
To be eligible for funding, a healthcare partner and healthcare program submit a partnership proposal. Upon proposal evaluation and subsequent award, the Council, the healthcare partner, and healthcare program shall enter into a partnership contract in accordance with the terms set forth in KRS 164.0403 and this regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
An estimate of the costs imposed on entities referenced in paragraph (3) of this subsection in order to comply with the proposed administrative regulation: The cost imposed on entities will not exceed the amount designated as their healthcare partner contribution. There will be some administrative cost in creating and submitting a proposal. The benefits that may accrue to the entities referenced in paragraph (3) of this subsection as a result of compliance: Once the partnership contract is finalized, the Council shall disburse from the fund moneys deposited by the healthcare partner and the matching funds appropriated by the General Assembly to the healthcare program. This will allow the healthcare program to provide scholarships to students in programs offering eligible healthcare credentials as outlined in the partnership agreement. Healthcare partners who are employers can employ these individuals upon graduation for the period to fulfill their scholarship service requirements and hopefully beyond.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
See 4(b) above.
(b) On a continuing basis:
See 4(b) above.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
CPE staff are currently funded from appropriations made by the General Assembly in the 2022-2024 budget. Moving forward, a portion of the general fund appropriations made to the healthcare workforce investment fund can be used for administration pursuant to KRS 164.0402(6).
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
This regulation does not assess fees.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation does not assess fees.
(9) TIERING: Is tiering applied?
Tiering is not applicable because similarly situated entities are treated similarly under this administrative regulation. However, upon advice of the steering committee, the Council may create separate pools of funding to meet geographic healthcare and/or workforce needs.

FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Council on Postsecondary Education and any eligible healthcare program offered by an eligible postsecondary institution, or a Kentucky public high school, or a secondary career and technical center offering a healthcare vocational program in Kentucky.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 164.0402, 164.0403
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This regulation will not generate any revenue for state or local government.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
See 3(a).
(c) How much will it cost to administer this program for the first year?
Initially and on an ongoing annual basis, we estimate expenses totaling roughly $650,000 to include the addition of staff (and associated costs) with specific expertise to include backgrounds in healthcare, finance, and legal to stand up/maintain the program in addition to a program/project manager and program evaluation-related costs.
(d) How much will it cost to administer this program for subsequent years?
See 3(c).
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
N/A.
Expenditures (+/-):
N/A.
Other Explanation:
N/A.
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This regulation will not directly generate any cost savings for the regulated entities, but will provide scholarships to students who may not have otherwise attended these programs and therefore could provide additional revenue to healthcare programs. Healthcare partners, while making significant contributions for the matching funds requirement, will be able to fill positions of need which should result in decreased employee recruitment costs and increased revenue.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
See 4(a).
(c) How much will it cost the regulated entities for the first year?
Upon receipt of a partnership award, regulated entities will incur some cost of administration and compliance, but those should be subsumed by current staff in their current duties and responsibilities.
(d) How much will it cost the regulated entities for subsequent years?
See 4(c).
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
N/A.
Expenditures (+/-):
N/A.
Other Explanation:
N/A.
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This regulation is not anticipated to have a major economic impact on state or local government or regulated entities. This regulation will provide healthcare training scholarships to Kentucky residents enrolled in healthcare programs in Kentucky. The potential economic impact is immensely positive.

7-Year Expiration: 12/11/2030

Last Updated: 1/11/2024


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