Budget Bill Story Archives - West Virginia Public Broadcasting

W.Va. Grapples With IDD Waiver Program

In the final hours of the 2024 regular legislative session, lawmakers passed a budget that cut funding for IDD waivers.

The IDD Waiver Program

By connecting people with disabilities with resources like home health care workers and financial support, the Intellectual and Developmental Disabilities (IDD) Waiver program allows people with disabilities to live outside hospitals and institutions.

Department of Human Services (DHS) Secretary Christina Mullins testified before the Joint Standing Committee on Health and Human Resources on Dec. 12, 2023 about the status of the IDD program.

Alongside her, Robert Hansen, special assistant for IDD at DHS, also testified about the program, stating West Virginia has approximately 33,000 individuals in the state who have a mental, intellectual or developmental disability.

“Six thousand of these individuals are currently being served by the IDD waiver program,” Hansen said. “And then we also have 530 individuals who are on the waitlist to enter that program. And today we have approximately 73 individuals who are IDD who are in our two state hospitals.”

Hansen also told the joint committee that workforce shortages place a burden on the IDD system.

“There’s also a lack of specialists that can work effectively with people with IDD, and that includes individuals that are trained in positive behavior support, and then people who are trained in applied behavior analysis,” Hansen said. “These are individuals that can work with patients, clients who are identifying and having serious issues and could be a support and for the direct service staff and helping to develop active treatment plans to address the behavioral issues that may be becoming more and more of a concern.”

Mullins testified that not only are workforce shortages the biggest challenge DHS faces but that those workers need development training.

“We’d like to increase the availability of training for all levels of staff,” Mullins said. “This training should include coaching and mentoring to ensure that select placement can be achieved. It’s not enough just to train, we have to also mentor.”

During the last 10 months, Mullins and Hansen have provided sworn testimony to various committees of the legislature that depict a crisis among the workforce of the IDD program largely due to low wages that cause operating losses at the state psychiatric hospitals.

Budget Cuts

In the final hours of the 2024 regular state legislative session, West Virginia lawmakers passed a budget that cut funding for IDD waivers.

In 2023, the IDD Waiver budget line item was $108,541,736. In this year’s budget, the IDD Waiver program was allotted $97,687,562 — a decrease of more than $10.8 million.

Senate Finance Chairman Eric Tarr amended the cuts into the budget on the last day of the session. He said the decrease in funds for individuals with disabilities was an effort to increase transparency on the state health department’s spending following last year’s split of the Department of Health and Human Resources into three departments.

In a statement published on March 12, Tarr explained that his committee broke down much, but not all of Human Services in subsections and restricted the ability to transfer funds outside of those subsections.

“Ultimately, we increased the aggregate level of appropriation to Health, Human Services, and Health Facilities (what would have been DHHR) by about $9 million this year,” Tarr wrote. “However, this included a $100,000,000 improvement to contract nursing. This necessary improvement (which was needed to keep the state-owned hospitals open) required reductions in other areas.”

Tarr said during this process of breaking the department up, the Legislature found out that appropriations they made to medical services in previous years had been redirected to contract nursing in facilities.

“In other words, it became clear where money was being redirected relative to the Department’s appropriation request,” Tarr wrote. “The previous secretary was using a soft target request to fund mismanagement of contracts, which now exposed, is being corrected.”

Tarr said a subsection was created in the budget this year for waiver programs. He said his committee fully funded Title XIX, the Aged and Disabled Waiver, but cut all other line items, including the IDD Waiver, by 10 percent.

“The department can now transfer between waivers, but can no longer transfer to or from other sections,” Tarr wrote. “So, in short, there was a $100 million improvement to health facilities that resulted in a collective reduction of about $91 million to Human Services and Health Services.”

Mike Folio, legal director for Disability Rights West Virginia, said the budget cut not only affects those on waivers but loses federal matching dollars.

“With a budget cut of $11 million when you factor in the match through Medicaid, it’s roughly $33 million. What that translates into is diminished services,” Folio said.

Folio said the IDD waiver program was created decades ago by Congress to provide a lifeline to those individuals who are disabled and keep them from being committed to a psychiatric hospital.

Not only are outcomes better when an individual is able to be treated in a community-based program, but according to Folio, it is a cost-saving measure.

He said the cost to place someone at Sharpe Hospital is roughly $990 per day, per person. To place someone in a community program costs approximately $390 per day.

“They failed to do the required financial analysis to determine the impact of cutting the IDD waiver budget,” Folio said. “Had they done this and had they actually looked at the cost differential between institutional costs compared to community integration, they would realize that they would save $600 a day, get better outcomes, and actually comply with the law,” Folio said. “Certain members of the Legislature ignored those three accepted realities, and instead slashed the equivalent of $33 million out of the budget for individuals with developmental disabilities.”

During a press briefing, Gov. Jim Justice said he will call a special session for lawmakers to make adjustments to the health and human services budget.

“We have hundreds of thousands of people in West Virginia that are going to be affected — can you imagine, can you imagine the good work that we did and now we could possibly hurt those folks?” Justice said.

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Marshall Health.

Legislators Respond To Justice Budget Blowback

Lawmakers are responding to Gov. Jim Justice’s recent statement that the lack of health and human services funding in the recently passed budget is “a dog’s mess.”

Even though Justice signed the nearly $5 billion budget bill, he said in a Thursday media briefing that he blames the gaps in health care and human services allocations on legislative leaders not listening to experts and setting their own agendas.

He’s considering calling the House and Senate back for an April special session to rework the budget. Some of the issues involved are childcare, disability and foster care initiatives not addressed.

Del. John Williams, D-Monongalia, and a House Finance Committee member, said he’s concerned that the fear of a $465 million federal claw back on the use of COVID-19 emergency education funding may be a smokescreen for mismanaged revenue collections and tax cuts.

“With inflation, in reality, we know that a flat budget is not a flat budget,” Williams said. “You’re seeing essentially reductions every year, and so we need to do a better job of investing in our people.”

Several lawmakers say the passed budget was simply a starting place.

House Health and Human Resources Committee Chair Amy Summers, R-Taylor, is also a House Finance Committee member. She said she pushed for the health care and human services allocations, and continues to seek further support for those with intellectual and developmental disabilities.

“I have requested that the Finance committees really look into the waiver programs, maybe a deep dive from the Department of Human Services,” Summers said. “Sen. Tarr has a different idea about those programs than perhaps what the House does. So we need to understand that better, and find ways that we can ensure we’re taking care of our most vulnerable people.”

Summers said the state is also waiting on a federal follow-through to enhance child day center funding.

“We’re waiting on the federal government to tell us if they’re going to start providing enrollment versus attendance,” Summers said. ”If that comes from the federal government, then part of those monies will probably come from them as well. But we do realize how important childcare is to get people back in the workforce. So it’s something that we are interested in looking deeper into.”

Justice Says He Will Call Special Session Before Primary Election

Gov. Jim Justice said he will call a special session of the state legislature to address budget priorities missed in the regular session.

Gov. Jim Justice said he will call a special session of the West Virginia Legislature to address budget priorities missed in the regular session.

The governor had already discussed calling a special session in May before the final gavel of the regular session Saturday night. But during a regular briefing Thursday, a visibly frustrated Justice said he is likely to call legislators back to the capitol before the May 14 primary election.

He said the proposed budget was rushed, omitting key tax breaks for families and creating a “big time problem” for the newly formed Department of Human Services.

“We spent a lot of time talking about issues that were more social issues and forgot to budget,” Justice said. “And absolutely at the last minute, we kind of tried to run in and switch this and that and everything else and we made a bunch of mistakes.”

Although he did not name a specific legislator, Justice made several references to a “per se expert” senator who he accused of leading the budget process into problems.

“Please tell me why we didn’t take the time to listen to the people that are the real experts,” he said. “The real experts are the people that have been in our revenue department and absolutely have been a real part of this unprecedented economic run … We didn’t listen to them. We listened to somebody that’s inexperienced, to be perfectly honest, but commands the floor.”

Justice explained that waiting until after the mid-May elections would push the budgeting process too close to the end of the fiscal year.

“This has got to be corrected before the end of the fiscal year,” he said. “We may very well have to call people back some time in April.”

Manchin, Capito Steer Federal Funds For State Projects In Budget Bill

U.S. Sens. Joe Manchin and Shelley Moore Capito, both members of the Senate Appropriations Committee, each released a list of more than 100 projects that will receive federal funding from the budget bill.

West Virginia’s U.S. senators brought home tens of millions of dollars in funding for projects statewide in a budget bill Congress approved late Friday.

They include $12 million to finish a section of Corridor H from Wardensville to the Virginia state line. As well as $10 million to upgrade the water system in the town of West Union.

They also include funding for a farmers’ market in Martinsburg, to upgrade the historic Capitol Market in Charleston and to build the Capital Sports Center nearby.

Fire stations, communications systems, locks and dams, community colleges and universities, military bases, streets and sidewalks, courthouse security and police cruisers will benefit from what used to be called earmarks, now congressionally directed spending.

Manchin’s and Capito’s seats on the Appropriations Committee give West Virginia unusually powerful sway on where and how federal funds are spent.

See Manchin’s list of earmarked projects here.

See Capito’s list here.

The Legislature Today 2024 Final Hours Live Blog

Saturday, March 9 marks the 60th and final day of the 2024 West Virginia Legislative regular session. Once the gavel falls at midnight, lawmakers will no longer be able to consider bills introduced during the past 60 days. The only exception is the budget bill. Check back to our live blog throughout the night for the latest updates from the West Virginia Legislature.

Updated on Monday, March 11 at 10:15 a.m.

The only exception is the budget bill.

The state constitution mandates that if the budget isn’t passed within three days of the end of session, the governor will issue a proclamation saying the legislature can come back together on Sunday to work out the final details. Gov. Jim Justice issued that proclamation on Thursday.

One monkey wrench this year affecting the progression of the budget bill, however, is a $465 million claw back in COVID-19 relief money — a demand by the U.S. Department of Education.

Justice has said his administration is in negotiations to address the situation, but without knowing what will happen, it is difficult to pass a state budget. Many lawmakers have expressed interest in returning in May to finalize the budget — allowing time to deal with the potential claw back.

Under the state constitution, the budget must be passed by June 30.

This year, there were 2,575 bills introduced. Only 253 have so far completed legislation.

Aside from the budget, there are several key bills still up for discussion in both chambers. West Virginia Public Broadcasting’s award-winning news team is following the action throughout the evening.

Check back to our live blog for the latest updates from the West Virginia Legislature.

You can also watch our live coverage of the The Legislature Today Final Hours free from 8 p.m. to midnight on our WVPB TV live stream.

To read the latest updates from the West Virginia Legislature’s final moments Saturday, click here.

Update at 11:22 p.m. by Emily Rice

Both chambers have passed a bill to require age verification for the purchase of any tobacco or vape product. House Bill 5084 now heads to Gov. Jim Justice for his signature.

Update at 10:30 p.m. by Briana Heaney

Senate Bill 841 has passed the House, and changes made by the House were approved by the Senate. The bill would broadly reduce unemployment benefits. However it would increase benefits in the first eight weeks, but it tapers off 5 percent each week, down to 45 percent. It also reduces the duration of unemployment benefits by two weeks.

Sen. Mike Caputo, D-Marion, said he doesn’t understand the need for this bill due to the health of the unemployment fund and the low unemployment rates in the state.

“We got people lobbying for this bill working for groups I never even heard of before,” Caputo said. “Who aren’t even from this state, pushing the buttons to get this done.”

The bill now heads to the governor for his consideration.

Update at 10:25 p.m. by Briana Heaney

The Senate has approved four of the more controversial House bills of this legislative session.

House Bill 4793 is known as the moonshine bill. The bill allows anyone over the age of 21 to manufacture their own alcohol without a license. The bill allows a person to manufacture up to 25 gallons, or 50 maximum per household. No alcohol made for personal use without a license may be sold. The bill passed with a thin margin, 18-14. The bill now heads back to the House.

House Bill 4880 will eliminate one third of the tax on social security recipients who make over $50,000 per year, or married persons whose joint income is over $100,000 per year. The bill phases in a 100 percent tax elimination over three years. The Senate version had triggers that would base the reduction in the social security tax based on the state’s yearly revenue; that bill has since died. The House bill was, however, passed unanimously. Changes were passed in the House and it now heads to the governor.

House Bill 4883 increases the annual salaries for certain state employees including public school teachers and state police officers. The bill passed unanimously, changes were approved by the House, and it now heads to the governor for his consideration.

House Bill 5262, known as the teachers bill of rights, ensures that counselors are provided the same protections as teachers and that teachers receive compensation for when a teacher student ratio is exceeded. The bill now heads back to the House.

Update at 10:15 p.m. by Emily Rice

The House has concurred with the Senate’s amended version of House Bill 5105 by a vote of 70 yeas, 29 nays, and one delegate absent. The bill now heads to Gov. Jim Justice for his consideration.

Update at 10:05 p.m. by Emily Rice

The House has made further changes to a bill to require age verification for the purchase of any tobacco or vape product in West Virginia. The bill is now awaiting further consideration in the Senate.

According to House Bill 5084, the verification must take place via “a valid driver’s license, state identification card, or any valid and unexpired federally issued identification card such as a passport or military identification car.”

The intent is to prevent sales of these products to people under age 18. Illicit sales are misdemeanors and the bill increases the fines for illicit sales.

**Editor’s Note: This update previously stated HB 5084 had been communicated to the governor. As of 10:40 p.m., the bill is awaiting consideration in the Senate.

Update at 10 p.m. by Randy Yohe

A bill that would have prohibited driving slow in the left lane of a highway, except under certain circumstances, has died.

House Bill 5237 traveled back and forth between the House and Senate, finally ending up with a joint conference committee to hammer out a possible compromise.

That committee amended the penalty from a secondary to a primary traffic offense. First time violation would have been a $25 fine. The report was rejected by a 46-52 vote, effectively killing the bill.

Update at 8:40 p.m. by Emily Rice

House Bill 5105 changes vaccine requirements for virtual public, private and parochial students in West Virginia. The bill passed the Senate by a vote of 20 to 12 with two senators absent and now requests the House to concur.

Previous versions of the bill included religious exemptions for all students in West Virginia, but the version that made it to the Senate floor only included religious exemptions for private and parochial schools.

Sen. Mike Maroney, R-Marshall, and chair of the Senate Health and Human Resources Committee, presented the bill on the floor saying he “does not recommend it pass, but my committee does.”

He called the bill an embarrassment on the Senate floor before a vote.

“I took an oath to do no harm, there is no way I can vote for this bill,” he said.

Update at 8:15 p.m. by Randy Yohe

Senate Bill 280 has passed the House, 89-9. The bill would allow teachers in public schools to discuss scientific theories. During committee and floor debate over the bill, the issue came down to science versus theology. Are intelligent design and creationism scientific theories or religious beliefs? Should they be taught in science classes along with the big bang theory?

Pertinent language in the bill reads, “No public school board, school superintendent, or school principal shall prohibit a public school classroom teacher from discussing or answering questions from students about scientific theories of how the universe and/or life came to exist.”

Some delegates have expressed concerns about legal ramifications in how a teacher may answer a student question, “How did life begin?”

The bill now heads to the governor.

Update at 7:43 p.m. by Randy Yohe

Senate Bill 841, setting unemployment taxes and benefits, passed the House. The vote was not along party lines but by a count of 66-31.

Update at 7:25 p.m. by Randy Yohe

Late this afternoon, the controversial unemployment bill, Senate Bill 841, was moved off the inactive calendar in the House of Delegates and quickly went to third reading, with several amendments.

Del. Evan Hansen, D-Monongalia, asked that the lengthy bill be read in its entirety. Debate over the bill is now ongoing, with delegates working to understand a complicated formula on delivering benefits while keeping a $400 million unemployment fund solvent. The bill still has requirements that an individual shall remain eligible for unemployment benefits only if he or she actively seeks work by conducting at least four work search activities weekly.

One amendment keeps unemployment benefits at 26 weeks with payouts being a percentage of earnings that decrease as the weeks diminish. A person getting a part-time job while seeking full-time work will continue to get full unemployment benefits.

Update at 6:30 p.m. by Randy Yohe

House Bill 4975 has completed legislation. The bill creates a foster care information system. There were few, if any, other foster care issues proposed this session after declaring the issue a crisis the past few years.

After several sessions of attempts, House Bill 4911 finally passed, allowing the sale of raw milk in West Virginia. The bill that passed included Senate amendments requiring warning labels on the product, removing the focal point of contention — liability immunity for raw milk sellers.

State Senators Weigh In On The Bills That Passed, Failed This Session

On this episode of The Legislature Today, our Senate reporter Briana Heaney talks with Senate Minority Leader Mike Woelfel, D-Cabell, and Sen. Mike Oliverio, R-Monongalia, to discuss where things stand and how that compares to what they planned to do at the beginning of the session.

On this episode of The Legislature Today, our Senate reporter Briana Heaney talks with Senate Minority Leader Mike Woelfel, D-Cabell, and Sen. Mike Oliverio, R-Monongalia, to discuss where things stand and how that compares to what they planned to do at the beginning of the session.

Also, earlier in the day Thursday, Gov. Jim Justice issued a proclamation to extend the legislative session by one day to allow the legislature to finalize the state budget bill. There has been discussion about a special session in May to finalize questions regarding a potential federal claw back of COVID-19 relief funds.

In the House, there was a long debate over minorities purchasing car dealerships and another contested debate over control of the Legislative Auditor’s office. Other proposals included smoking in the car with a child and taking action over a massive federal deficit.

In the Senate, the chamber passed several House bills, some of which head to the governor and others back to the House to concur on changes. Some notable bills in the Senate Thursday were on topics such as renewable energy, pornography and cyber security. Briana Heaney has more.

Finally, a state Senate committee heard new details Wednesday about how the Pleasants Power Station will be converted from coal to hydrogen. Curtis Tate has the story.

Having trouble viewing the video below? Click here to watch it on YouTube.

The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.