State board called to task

Tuesday, May 25, 2004 | 10:52 a.m.

CARSON CITY -- A legislative committee wants the board that regulates the state health insurance system to explain why it won't allow Nevada Highway Patrol troopers and other certified peace officers to get their own insurance coverage.

Members of the Legislative Commission Monday complained that the state Public Employees Benefit Board has consistently ignored the 1999 law to permit some 330 troopers and other law enforcement officers to join the health plan of the Teamsters Union.

"This has been going on for five years," Assemblyman Bernie Anderson, D-Sparks, said. "I feel we (the Legislature) are being ignored."

Sen. Randolph Townsend, R-Reno, said, "The commission's patience is exhausted." He directed staff to prepare and send a stern letter calling for all the board members to appear at the next commission meeting in about six weeks.

After the meeting, Forrest "Woody" Thorne, executive director of the benefit board, said the board adopted regulations and followed those regulations for judging whether a group should be able to pull out of the system that covers all state workers and some local government employees.

Thorne said the law was not violated. And, he said, his office had never been contacted to appear at the meeting to give its side.

The 1999 Legislature authorized groups of 300 or more employees to leave the state insurance system if their departure from the system did not cause a more than a 5 percent rise in costs for the remaining members.

Gary Wolff, representing the troopers' union, urged the legislative commission "to send a message they should obey the law" referring to the board appointed by the governor.

He said the health insurance system had an $11 million surplus when the board considered the application of the patrolmen to withdraw. And it has risen to $36 million.

He said the withdrawal of these officers will not impact the financial health of the system. He and others said the benefits board hired a consultant that found there would not be any impact. But Wolff said the board "manipulated" the numbers.

He said the Legislative Commission on three occasions rejected the proposed regulations of the benefits board that would have hindered the departure of the officers.

Assembly Majority Leader Barbara Buckley, D-Las Vegas, said this isn't the only instance in which boards have ignored the laws passed by the Legislature. She said the Las Vegas Housing Authority has refused to follow the law regarding establishing a mobile home commission in Southern Nevada and now the case is in federal court.

She suggested that when this happens board members should be fined up to $500 per day. "It's very vexing when we pass something that is not followed," she said.

Sen. Terry Care, D-Las Vegas, suggested the law be changed to allow those boards that are not following the law to be hauled into court. This would provide an avenue for those who are affected to appeal their cases to an impartial tribunal.

Assemblywoman Sharron Angle, R-Reno, suggested Gov. Kenny Guinn, who appoints the board members, do something about the situation, possibly by removing board members.