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WRAP-UP
The Newsletter of the West Virginia Legislature
Volume XXX, Issue 2 - January 25, 2019


Lawmakers Eye Foster Care Improvements

Foster Care Bill Generates Buzz in West Virginia


by HANNAH GRAHAM
A House bill that would bring significant changes to West Virginia’s foster care system is generating conversation within the walls of the state Capitol this week.

House Bill 2010 would move care of foster children from the West Virginia Department of Health and Human Resources to the hands of a managed care organization. The managed care organization would be responsible for facilitating care programs for foster children and would be responsible for the behavioral, dental, and general healthcare for these children.

The bill also aims to put foster children who need to be placed in residential care facilities in facilities within the state, providing the state can adequately provide care.

The DHHR would have until the beginning of 2020 to contract this jurisdiction out to a managed care organization, a contract that the state agency is already working on outside of the legislation and proposing for public comment.

Those who support the bill say the change will help revitalize a struggling state foster care system. However, opponents are wary about relinquishing the responsibility of healthcare to a private entity.

The House Committee on Health and Human Resources held a public hearing at 9 a.m. on Tuesday to hear the myriad of concerned and supporting voices.

A primary argument against the bill is that House Bill 2010 would add unneeded bureaucracy to an already difficult process of getting treatment for a foster child.

Carey Jo Grace, representing West Virginia’s Our Children Our Future, argued against adding another agency to the already difficult life of a foster child in the state.

“These children need love and support, not more red tape,” Grace said.

Those who support the measure argued for the ability of managed care organizations to bring comprehensive and specialized care to foster children, who oftentimes go without. Jill Rice, representing UniCare, supported the bill.

“The use of these MCOs provides a single point of accountability for families,” Rice said. “Managed care organizations have the expertise, experience, and organization to maximize comprehensive care. We've been a part of this effort to get foster children care in the state since 1996, and we're well-equipped to handle this."

The urgency to address foster care is one that the state of West Virginia feels has been a long time coming.

With an opioid epidemic that seems to have sunk its teeth into every corner of the state, foster children seem to be largely forgotten victims. The DHHR reports almost 7,000 West Virginian children are currently in the foster care system with many having no permanent place to call home.

In his budget presentation earlier this week, DHHR Secretary Bill Crouch told the Senate Finance Committee about 154,000 West Virginians are affected by substance use disorder, a major contributor to the amount of children in state care.

Despite the number of foster children increasing by about 3,000 in the past five years, the DHHR has significant staff shortages. Of the DHHR’s 1,200 vacant positions, 213 are in child welfare.

For these reasons, the DHHR has taken the stance that it could benefit from subcontracting a managed care organization.

“We need to have a managed care system for our foster care children,” Crouch said. “We’ve been working on that for some months. We are excited about making that change.”

DHHR Deputy Secretary Jeremiah Samples told the House Health and Human Resources Committee earlier this week the DHHR would continue to have a substantial say in the foster care system, and would work in tandem with the subcontracted managed care organization to ensure quality care for these foster kids.

The DHHR, under this bill, would choose the managed care organization, and place performance parameters by which to evaluate the organization. Additionally, the draft legislation contains a sunset provision, which would require the program to be renewed by the DHHR secretary in 2024.

The House Health and Human Resources Committee advanced the bill with amendments. One amendment proposed by Delegates Barbara Fleischauer, D-Monongalia, and Mike Pushkin, D-Kanawha, established an independent third party, an ombudsman, to investigate complaints and hear issues that foster parents may have with the managed care organization, with the goal of maintaining accountability.

As of this writing, House Bill 2010 has been passed through House Judiciary Committee with amendments. It is expected to go to the House Floor for passage next week

Delegate Joe Ellington, R- Mercer, one of the sponsors, is among the lawmakers fighting for its passage. He argues although the bill isn’t a silver bullet, it’s an important step forward in revising the state’s foster care system.

“We’re trying to improve the care for these kids, it’s something that we will evaluate, there are controls in that. And obviously one size doesn’t fit all, but we are trying to move on this.” Ellington said.

There are 41 states that facilitate care for foster children using some sort of managed care organization model, and Ellington argues the proposal is what the state needs to revitalize the disjointed system.

“These states found that over time, they are better able to provide better care and keep better medical records and make sure that we’re not duplicating services, and make sure that we’re not placing children without knowing what their needs are.” Ellington said.

However, lawmakers including Delegate Cody Thompson, D- Randolph, have many concerns about the bill.

“This is privatization. We’re not trying to privatize worker’s compensation or anything like that, these are our children,” Thompson said.

Thompson addressed what he would like to see done with the state’s foster care system.

“The DHHR is severely underfunded and has been. They always talk about how the DHHR can’t find employees and how they’re struggling to keep up with their work, but if we funded it with this money instead of trying to privatizing it those problems would be alleviated,” Thompson said. “People don’t want to work there because the pay is low and the work is stressful. You’ve exacerbated their resources, and you continue to cut their funding, so of course it’s suffering.”

Despite differing opinions, many agree that the situation is urgent for WV foster children.

“At the end of the day these services aren’t currently being provided,” Delegate Ellington said. “I’d like to see this bill pass to begin to provide these services adequately, but if not, something has to be done. Something has to be done for the kids.”

 




Senate Legislation (01/21 - 01/25)

As of 4:00 p.m. Friday, January 25, 2019, the 17th day of the first regular session of the 84th Legislature, 439 bills have been introduced to the senate. Of those bills, 22 have passed and have been sent on to the House for further consideration.

SB 1: This bill would require the establishment of Advanced Career Education (ACE) programs and creates the WV Invests Grant Program, both of which are for the purpose of increasing access to career education and workforce training.

SB 3: The bill would establish the WV Small Wireless Facilities Deployment Act. The bill would establish a process for wireless providers to access public rights-of-way:

SB 17: Current law requires that persons convicted of certain listed sexual offenses must undergo “physical, mental and psychiatric” examinations to be eligible for consideration for probation. This bill would allow a psychological exam in lieu of a psychiatric exam.

SB 18: This bill would remove the requirement that a person must have a valid concealed handgun license to lawfully keep a firearm in their vehicle on the Capitol grounds. The Committee Substitute states that a person who may otherwise lawfully possess a firearm may keep a firearm in his or her vehicle if locked and out of view.

SB 61: This bill would add to the current listed offenses for which interception of communications (commonly referred to as “wiretapping”) may be authorized by a Court. The offenses being added would be first and second degree murder, first degree robbery, treason and participation in an organized criminal enterprise.

SB 62: The bill would require participation in drug court program before discharge of certain first-time drug offenses. People charged with simple possession of an opioid or opiate controlled substances would be required to undergo evaluation for enrollment in a drug court program or drug treatment program. If one successfully completes the drug court or drug treatment, the charges could be expunged.

SB 152: The bill would authorize the judicial expungement of certain misdemeanors and non-violent felonies from a person’s criminal record. The bill would allow a person to petition for expungement for the allowable misdemeanors one year after completion of incarceration or any period of supervision, whichever is later. A petition to expunge a felony may be filed three years after incarceration or the end of supervision, whichever is later.

>SB 191: This statute would authorize the Commissioner of Agriculture to modify §61 CSR 1 et seq. relating animal disease control. This rule would add new definitions to “feral swine” and “immediate slaughter.” It would also add a rule prohibiting the transportation of feral swine.

SB 223: The bill includes eight bills relating to Bureau of Commerce The proposed bills include:

SB 240: The bill would repeal certain legislative codes that are obsolete or are no longer authorized. The codes that would be repealed would have no impact to citizens of the state.

SB 253: The bill would end the practice of ongoing charging of consumer credit or debit cards or third-party payment accounts without the consumer’s express consent for ongoing shipments of a product or ongoing deliveries of services. The bill would require that businesses provide clear and conspicuous disclosures relating to automatic renewal offers or continuous service offers.

SB 255: This bill would reconstitute the Emergency Medical Services Advisory Council to include three more members, which include “three persons from the general public who are voting members.” The bill would also re-format some provisions and clarifies the appointment of other members.

This bill passed last session but was vetoed by the Governor.

SB354: This is a supplemental appropriation requested by the State Auditor’s Office. The supplemental would expire $1.5 million dollars from the Auditor’s Offices’ Securities Regulation fund and appropriate them to the Auditor’s Office Chief Inspector’s Fund.




House Legislation (01/21 - 01/25)

As of 4:00 p.m. on Friday, January 25, 2019, there have been 677 bills introduced in the House of Delegates. Of those bills, twenty-four have been passed by the House and have been advanced to the Senate for further consideration. Noteworthy Bills that passed the House This Week:

House Bill 2190 would modify bail requirements. This would allow for the release of people with certain misdemeanors, providing that they appear in court on their allotted date. This bill also passed the House last session.

House Bill 2311 would stop requiring full year reportage of short term merchant licensees. Currently, statute requires that those who receive a short term license for selling goods temporarily within the state have to report those taxes throughout the entire year. This bill would only require them to report those expenses until the fees are paid off.

House Bill 2362 would place language that allows counties to adopt a policy which allows any qualified voter to vote by emergency absentee ballot who is confined to a specific location within the county on or after the seventh day preceding an election and prevented from travelling to a polling place and voting in person because of; illness, injury, physical disability or immobility to extreme advanced age.

House Bill 2193 would revert savings bonds that have been completely unclaimed for five or more years back into the hands of the state. This bill is an attempt to provide a purpose for the thousands of unclaimed savings bonds currently in the possession of the state.

House Bill 2095 would take measures to further assess a public West Virginian K-12 student’s college readiness in 11th and 12th grade. This would allow a progress report to be administered to 12th graders to assess their readiness, but eliminates the requirement that a student placed in transitional education programs as a high school senior must re-take a college readiness assessment if the student has already taken the examination or assessment in their 11th grade year.

House Bill 2423 would prevent certain convicted sex offenders from taking on a supervisory position in an organization largely involving children. State organizations such as 4-H camps, religious organizations, and many other extracurricular or curricular programs would no longer be permitted to staff those convicted of certain sex crimes if this bill passes.

House Bill 2009 is an education bill that would create a specialized program underneath the Innovation and Education Grant Program that would recognize state schools that meet or exceed certain benchmarks as “mastery” schools. This would thereby increase a school’s merit.

House Bill 2446 is a bill that would establish a Blue Alert Plan which would aid in locating a law-enforcement officer who has disappeared in the line of duty or locating dangerous suspects.

House Bill 2527 would specify that the prison time for lottery forgery crimes must be one to five years.

Bills to be considered in the House

House Bill 2005 is known as the Broadband Expansion Act. This bill would attempt to expand internet access for rural areas within the state that currently do not have the technical capabilities for internet. This bill, generally, would specify the regulatory authority for the juxtaposition and cooperation of small wireless facilities, in order to better increase access.

House Bill 2532 is a bill that would allow West Virginia citizens to make $3, $5, or $10 donations to the West Virginia 4-H Foundation, the West Virginia Farm Bureau Foundation, and/or the West Virginia Future Farmers of America Educational Foundation when they renew their driver’s licenses.

House Bill 2195 would create a sentencing commission within the state of West Virginia. This bill would legislate the creation of an executive subcommittee under the West Virginia governor’s committee on crime, delinquency, and correction that would research, collect, and provide oversight regarding sentencing practices in the state. Multiple state agency executives would serve on this board.

House Bill 2423 would prohibit sex offenders from being in a supervisory position over children within the state. This would limit individuals on the sex offender registry from taking any administrative or supervision-based role in activities and organizations for kids such as religious organizations, Boy Scouts, Girl Scouts, 4 H clubs, sporting and scholastic teams, and various camp organizations.

House Bill 2070 would allow people in the state of West Virginia to operate a motorcycle without a helmet providing that they’ve held a motorcycle license for at least two years and are 21 or older.

House Bill 2008 aims to amend the process in which the nonpartisan elections of WV Supreme Court of Appeals Justices are carried out. This bill would provide that if any candidate were to not receive the majority of votes in an election, a run-off election would be conducted within the next 30 days.

House Bill 2011 would create a program in the state known as the Road Maintenance Program that would allow for a program in every district of the state to contract out with private contractors in order to perform road maintenance within that district. The WV Division of Highways and Legislative Auditor would oversee the efficacy of this bill if it were to pass.

House Bill 2012 aims to increase transparency efforts when it comes to road work conducted within the state. This bill would mandate the creation of a free website that the West Virginia public could access in order to get information on road work being conducted in their areas, and how much those projects cost. This bill requires the State Auditor to develop and maintain this website.

House Bill 2565 would require oil and gas producers and/or those entities severing oil and gas from West Virginia land to pay a user fee for the use of secondary roads. A pro-rated amount of those fees would be redistributed to the counties whose secondary roads are being used.

House Bill 2540 relates to prohibiting the waste of game animals, game birds, or game fish. This bill would make it unlawful for any person to cause through carelessness, neglect, or otherwise to let any edible portion of any big game or game fish to go to waste needlessly. This would also make it unlawful for any person to take any big game and only take the head, hide, antlers, tusks, paws, claws, gallbladder, teeth, beards, or spurs and leave the rest of the carcass to waste. Any person in violation of this law would be guilty of a misdemeanor and a fine of not less than $500 or more than $2,500, or confinement in jail not less than 10 days or more than 100 days. And a suspension of hunting and fishing license for five years.

House Bill 2360 The purpose of this bill is to place the Athletic Commission, after June 30, 2019, entirely under the control of the Lottery Commission. Currently, the Athletic Commission is located on the premises of the Lottery Commission, and Lottery provides the Commission with necessary administrative support and management.

House Bill 2547 is related to election prohibition zones. This bill has an amendment that would change the election prohibition zone from 300 feet to 100 feet.

House Bill 2600 amends state code relating to publication of sample ballots. Currently, counties do not interpret the current statures in place so there is no uniform understanding. This bill would help clarify this for the counties.

House Bill 2602 describes the inclusion possession of known stolen property in the offense of receiving or transferring stolen property. This would add the language “possession” and would allow the same charges for theft to be applied to those who own property and know it is stolen.

House Bill 2407 was first on the agenda, a bill to modernize the Nursing Practice Act. This bill would require that registered professional nurses in the state cannot practice without a license. Additionally, the bill also renames the board that oversees registered nurses, details the requirements for the composition of that board, and establishes permit and license requirements.

House Bill 2492 was also advanced to the House Floor without much discussion. This bill would revise the communication mechanism in which abuse and neglect cases could be reported within the state. It would allow the WV Department of Health and Human Resources to explore other methods of reportage that victims could access, such as an electronic portal.

House Bill 2524 would permit a West Virginia license pharmacist to move prescriptions for maintenance drugs that are for thirty days to be 60 or 90-day prescriptions when needed. In order for a pharmacist to do this, a list of criteria must be met for both the patient and the drug being administered. This would mostly apply to medications such as birth control, which are taken by a patient over a long term period.

House Bill 2525 would permit licensed pharmacists to administer tobacco cessation therapy drugs to people over the age of 18 in the state of West Virginia without having to have a prescription. This bill was voted to advance to the House Floor with recommendation that it should pass.

House Bill 2531 would permit advanced nurse practitioners with a specialization in psychology to perform assisted therapy with the proper training. This would allow for more staffing opportunities for struggling state mental health facilities, which struggle to employ mental health experts. This bill was advanced to the floor with the recommendation that it should pass.

House Bill 2530 would create a voluntary certification for state recovery residencies, if they choose to become a part of the certification process. The DHHR would have discretion over how they facilitate accreditation, and how they evaluate the practice of the certified residencies. The bill has no force of law, and is completely voluntary.

Public Hearing
House Bill 2010
This week, members of the Legislature heard from citizens with various opinions regarding House Bill 2010, which seeks to improve care for West Virginia's foster children
PHOTO: Perry Bennett
Wrap-up, 2019 Edition:
Vol. XXX, Issue 7 (03/02/19) - Web Version
Vol. XXX, Issue 6 (02/22/19) - Web Version
Vol. XXX, Issue 5 (02/15/19) - Web Version
Vol. XXX, Issue 4 (02/08/19) - Web Version
Vol. XXX, Issue 3 (02/01/19) - Web Version
Vol. XXX, Issue 2 (01/25/19) - Web Version
Vol. XXX, Issue 1 (01/18/19) - Web Version

Wrap-up, 2018 Edition:
Vol. XXIX, Issue 5 (02/20/18) - Web Version
Vol. XXIX, Issue 4 (02/12/18) - Web Version
Vol. XXIX, Issue 3 (02/02/18) - Web Version
Vol. XXIX, Issue 2 (01/30/18) - Web Version
Vol. XXIX, Issue 1 (01/24/18) - Web Version

Wrap-up, 2017 Edition:
Vol. XXVIII, Issue 7 (04/01/17) - Web Version
Vol. XXVIII, Issue 6 (03/27/17) - Web Version
Vol. XXVIII, Issue 5 (03/17/17) - Web Version
Vol. XXVIII, Issue 4 (03/10/17) - Web Version
Vol. XXVIII, Issue 3 (03/06/17) - Web Version
Vol. XXVIII, Issue 2 (02/24/17) - Web Version
Vol. XXVIII, Issue 1 (02/17/17) - Web Version

Wrap-up, 2016 Edition:
Vol. XXVII, Issue 6 (03/07/16) - Web Version
Vol. XXVII, Issue 5 (03/03/16) - Web Version
Vol. XXVII, Issue 4 (02/23/16) - Web Version
Vol. XXVII, Issue 3 (02/12/16) - Web Version
Vol. XXVII, Issue 2 (02/05/16) - Web Version
Vol. XXVII, Issue 1 (01/29/16) - Web Version

Wrap-up, 2015 Edition:
Vol. XXVI, Final Issue (June 2015) - Web Version
Vol. XXVI, Issue 6 (03/06/15) - Web Version
Vol. XXVI, Issue 5 (02/27/15) - Web Version
Vol. XXVI, Issue 4 (02/20/15) - Web Version
Vol. XXVI, Issue 3 (02/13/15) - Web Version
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Wrap-up, 2014 Edition:
Vol. XXV, Issue 9 (03/19/14) - Download  |  Web Version
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Wrap-up, 2013 Edition:
Vol. XXIV, Final Issue (07/25/13) - Download
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Wrap-up, 2012 Edition:
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Wrap-up, 2011 Edition:
Vol. XXII, Redistricting Issue (09/13/11) - Download
Vol. XXII, Final Issue (04/27/11) - Download
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Wrap-up, 2010 Edition:
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Wrap-up, 2009 Editions:
Vol. XX, Final Issue Addendum (06/11/09) - Download
Vol. XX, Final Issue (05/18/09) - Download
Vol. XX, Issue 8 (04/08/09) - Download  |  Web Version
Vol. XX, Issue 7 (04/01/09) - Download  |  Web Version
Vol. XX, Issue 6 (03/25/09) - Download  |  Web Version
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Wrap-up, 2008 Editions:
Vol. XIX, Final Issue (04/14/08) - Download
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Wrap-up, 2007 Editions:
Vol. XVIII, Final Issue (04/16/07) - Download
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Vol. XVII, Final Issue (05/18/06) - Download
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Wrap-up, 2005 Editions:
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Download Wrap-up, 2004 Editions:
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