Lawmakers Discuss Changing BRIM Statute Of Limitations

West Virginia lawmakers disagreed on the intent of a bill introduced on Monday, March 31, that would make changes to how long some people have to sue.

House Bill 3516 would change the time period a suit can be filed against the state’s Board of Risk and Insurance Management (BRIM).

Lawmakers disagreed on the bill’s intent, with House Democrats calling it a bill “to protect perpetrators of child sexual assault and abuse from prosecution” in a Monday email release. House Republicans claimed the bill aims to standardize the operations of BRIM to operate like a traditional insurance company.

House Democrats held a press conference following Monday’s floor session, where Del. Shawn Fluharty, D-Ohio, called the bill the most disgusting piece of legislation he has ever seen.

“It’s horrific to say the least,” Fluharty said. “They are treating our children like a car accident, saying you only get two years to bring a claim, because we have financial liabilities that we just can’t quite pay.”

Following the livestreamed press conference, House leadership pushed back on Democrats’ claims. Del. Matthew Rohrbach, R-Cabell, said the bill is an attempt to standardize the state’s insurance claims process and move toward industry norms.

“This bill has absolutely nothing, and I will repeat, nothing to do with criminal code,” Rohrbach said. “This is simply an insurance bill to standardize the state’s insurance policies with standard operating practice in the insurance industry and nothing more.”

This issue is tied to the ongoing lawsuits against BRIM from a change in the statute of limitations on civil suits tied to the Miracle Meadows School, a nonprofit Seventh Day Adventist boarding school for children with behavioral issues due to trauma. Dozens of children were found in abusive conditions. The state is on the hook for millions of dollars in settlements from the situation. 

The bill is on second reading in the House of Delegates.