After Death Of Boone County Girl, Gov. Jim Justice Faces Questions On Transparency

After the death of 14-year-old Kyneddi Miller, who was discovered by police in a near skeletal state on the bathroom floor, questions about what could have been done to prevent this are swirling. 
State officials, as well as members of the media, have requested information from the state to find out what was done — and what wasn’t — by state agencies charged with protecting the welfare of children in the state. Yet little to no information has been released, despite FOIA requests

After the death of 14-year-old Kyneddi Miller, who was discovered by police in a near skeletal state on the bathroom floor, questions about what could have been done to prevent this are swirling. 

State officials, as well as members of the media, have requested information from the state to find out what was done — and what wasn’t — by state agencies charged with protecting the welfare of children in the state. Yet little to no information has been released, despite FOIA requests. Journalists with West Virginia Watch received documents that were nearly entirely redacted

Now the Justice administration has said it is exploring ways to legally provide better information to the public. 

“I’ll absolutely direct them to follow the law. You know, without any question,” Justice said. 

Cynthia Persily, cabinet secretary of the Department of Human Services said that the administration is also looking to other states to understand their transparency practices. Persily advised journalists and members of the public to obtain and use the critical accident report that is filed annually. 

“That report, of course, has not been reported on in the media,” Persily said. “And we would just encourage everyone who wants to have information about child fatalities in the state to look at that report and the information is contained there.”

However, that report shows limited details on CPS actions, responsibility, and culpability. The current report does not have any information of the death of Kyneddi Miller.

Advocates, Lawmakers Worry For Future Of Medicaid In W.Va.

Health care services for nearly 30 percent of West Virginia’s population may be difficult to access if lawmakers don’t fully fund the Medicaid program in an expected special session.

Medicaid provides free or low-cost health coverage to low-income people, families and children, pregnant women, the elderly and people with disabilities.

According to the Kaiser Family Foundation (KFF), West Virginia has the highest percentage of Medicaid enrollment in the U.S., with more than 564,000 people enrolled, or 29 percent of the state’s population in 2017.

According to the West Virginia Center on Budget and Policy, the Fiscal Year 2025 budget the legislature passed this year underfunded the state’s Medicaid program by about $150 million.

The budget Gov. Jim Justice originally proposed fully funded Medicaid, according to Kelly Allen, executive director of the West Virginia Center on Budget and Policy. 

“By our analysis, it was underfunded by about $150 million relative to the governor’s proposed budget, which would have fully essentially funded Medicaid according to what Medicaid agency officials were saying that they needed to keep current levels of services,” Allen said.

Medicaid is a joint federal and state program, which means for every dollar the state allocates toward the program, the federal government matches those funds through the Federal Medicaid Assistance Percentage (FMAP).

Each state’s FMAP is based on a formula in the federal Medicaid statute that is based on state per capita income. The lower a state’s per capita income, the higher the state’s FMAP, or federal Medicaid matching rate will be. These rates vary from 50 percent to 74 percent.

West Virginia’s Fiscal Year (FY) 2025 FMAP percentage is 73.84 percent with a multiplier of 2.8 percent.

“Because Medicaid is a matching program,” Allen said. “For every dollar of state funding that we spend, we pull down almost $3 in federal funds, that can actually total over $600 million in potential cuts to Medicaid, which is about 12 percent of the entire program.”

The governor’s proposed budget allocated about $517 million to Medicaid, whereas the enacted budget allocated $438 million.

Justice said during a press briefing on April 17 that he is not to blame for the budget cuts and said he would check and see if there was any way that it could be funded, without bloating the budget. 

“Why did we do this? Why in the world did we do this? Why did we strip $100 million out of something that we didn’t have to do and absolutely we knew it was going to really hurt people,” Justice said.

Lawmakers said the budget cuts were necessary due to possible federal government clawback of $465 million in COVID-19 relief funding for schools. 

Justice announced Friday that West Virginia will not face that clawback.

“I don’t think that argument ever carried a lot of water because I don’t think that was a reason to underfund the budget itself, I think that was a reason to hold on to surplus dollars, those one time dollars that they didn’t allocate,” Allen said.

Allen said before the pandemic, the state was spending more on Medicaid than it is now. That is because during the pandemic, a public health emergency allowed additional federal funds to be distributed to programs like Medicaid.

“One factor that allowed the state to have a flat budget for all of these years was, we didn’t, we weren’t really able to reduce our state spending on Medicaid, because we were getting all this extra federal Medicaid money due to the pandemic,” Allen said.

In 2023, federal spending stopped with the end of the public health emergency and the passage of the Consolidated Appropriations Act.

“This isn’t really an issue of Medicaid spending being out of control or a big spike in Medicaid spending,” Allen said. “It’s really just that that federal, extra match expired, which we always knew it was going to. And the state’s responsibility now is essentially to go back to its pre-pandemic levels of Medicaid funding.”

If lawmakers don’t amend the budget in an expected May special session, there are a few ways that Medicaid costs could be reduced including a reduction in eligibility.

Currently, single adults who make about $20,000 a year, or a family of four earning around $40,000 annually qualify for Medicaid. The program also covers insurance for children and people with disabilities.

Cynthia Persily, secretary of the West Virginia Department of Human Services, testified in front of the Joint Health Committee on April 15 that services could be cut if the program is not fully funded.

“Whenever there’s a shortage in Medicaid dollars, there are several things that we can do, right,” Persily said. “We can decrease enrollment in Medicaid, we can decrease services, or we can decrease the reimbursement rate. And so there would have to be some sort of combination of those three pieces in order for us to make Medicaid whole.”

Allen said there are many services the federal government considers optional.

“But I don’t think you and I and most West Virginians would think they’re optional,” Allen said. “That’s things like prescription drugs, substance use treatment, physical and occupational therapy, things like waiver programs, intellectual and developmental disability programs. These are all programs that are optional for states to offer, but they’re really, really important to people.”

A representative from the Department of Human Services, Whitney Wetzel said in an email statement to West Virginia Public Broadcasting that the department is hopeful the budget will be restored in a special legislative session. However, if cuts are sustained, the DoHS’s Bureau for Medical Services (BMS) will review optional services and rates.

Wetzel further explained that Medicaid eligibility rules are mandated by the Centers for Medicare and Medicaid Services (CMS). 

“There are currently no plans that would impact members’ eligibility,” Wetzel wrote.

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

DoHS Responds To Minor’s Death

West Virginia Department of Human Services Cabinet Secretary, Cynthia Persily released a statement on the recent death of a minor.

West Virginia Department of Human Services (DoHS) Cabinet Secretary, Cynthia Persily released a statement on the recent death of a minor in the state.

The press release provided no further information on the minor who passed away, but in the headline, she called the incident a criminal case.

Persily called the situation “tragic” and said her thoughts are with those affected by the loss.

“Our dedicated CPS staff work tirelessly on the front lines each and every day, often under very challenging circumstances, to protect vulnerable children and families across our state,” Persily wrote. “CPS staff adhere to stringent policies and procedures outlined in state and federal law to ensure that every report of abuse or neglect is thoroughly assessed and investigated with the utmost care and diligence.”

Persily said in the statement that CPS cannot prevent every instance of abuse or neglect but that the department strives to investigate every qualified report and intervene within legal authority and statute.

“DoHS remains steadfast in its commitment to addressing child abuse throughout West Virginia and urges residents to report any suspected cases to our Centralized Intake for Abuse and Neglect hotline,” Persily wrote. “Let us honor the memory of this young victim by supporting the tireless efforts of our CPS workers and working together as a community to create a safer environment for all children.”

Per West Virginia Code, all records and information concerning a child or juvenile that are maintained by the Department of Human Services, a child agency or facility, or court or law-enforcement agency, are confidential and may not be released or disclosed to anyone, including any federal or state agency.

Legislative efforts to provide more CPS transparency and oversight, while still keeping confidentiality, failed in the recent regular legislative session.  

Senate Quickly Advances Litany Of Bills

The Senate sailed through more than 30 bills Thursday on subjects like missing children, SNAP benefits, West Virginia Public Broadcasting, and Oil and Gas property taxes.

The Senate sailed through more than 30 bills Thursday on subjects like missing children, SNAP benefits, West Virginia Public Broadcasting, and Oil and Gas property taxes.

Missing Children Bill 

Senate Bill 768 creates exceptions for law enforcement officers and the National Center for Missing and Exploited Children in accessing confidential records from the Department of Human Resources. 

Sen. Charles Trump, R-Morgan, is the lead sponsor of the bill. He said the bill was crafted in consultation with the Department of Human Resources. 

“When a child is missing or runs away from home,” Trump said. “I think every law enforcement officer would agree that time is of the essence. So this will expedite that and make it clear that the DHS has the authority to do that.” 

Oil and Gas Sunset Clause Bill 

A sunset clause is a note on a bill that gives it an expiration date, unless other legislative action is taken to extend the bill or to remove the expiration date. 

The Senate moved closer to passing a bill that would remove the sunset clause from a bill passed in 2021. That 2021 bill created the formula for how gas and oil operators and property owners are taxed. Without the removal of the sunset clause, the bill will expire in 2025. 

Currently landowners own the land that has a well on it, and separate corporations operate the well to extract oil and gas.

In a public hearing held last week, landowners complained that the current tax practice lacks consistency and transparency. 

Landowners say they don’t know what the operators sell the gas for,  but conversely, they pay taxes based on that number. 

Sen. Laura Chapman, R-Ohio, said she received dozens of calls from landowners and moved to amend the bill to have the mineral rights evaluated at fair market value. 

“There are multiple lawsuits pending and by adopting this amendment greater clarity to the valuations can be had,” Chapman said.

However, Sen. Eric Tarr, R-Putnam, opposed the amendment. He said a lot of the pains associated with this year’s tax relate to the two year delay in taxes. 

Two years ago natural gas prices had skyrocketed following conflict in Eastern Europe. However prices have since fallen back. 

“So what happens then, is now the taxes are due for when you were receiving all those funds where the gas price was high,” Tarr said. “So it’s got a lot of people up in arms now because they’re realizing they’re gonna have to pay while the revenue is low for what the value of a property when they were receiving it was high.”

This current tax code has proven to be complicated for the state Tax Division. Recently the Tax Division provided landowners incorrect assessments that are costing counties and landowners millions of dollars. 

West Virginia Public Broadcasting

A bill that would affect West Virginia Public Broadcasting is advancing through the Senate. Senate Bill 844 changes the name of the Educational Broadcasting Authority (EBA) to the Educational Broadcasting Commission. The EBA is the current board of directors for WVPB. The bill also reduces the number of governor-appointed members on the EBA and  allows the Secretary of Arts, Culture and History to appoint the WVPB’s executive director, a role previously filled by the Educational Broadcasting Authority. 

SNAP Training

Senate Bill 562, would expand the mandatory employment and training requirements that people receiving SNAP benefits must complete.

DoHS Encourages Women To Apply For Manufacturing Apprenticeship Program 

The West Virginia Department of Human Services (DoHS) is encouraging female recipients of SNAP to apply for a manufacturing apprenticeship program.

The West Virginia Department of Human Services (DoHS) is encouraging female recipients of the Supplemental Nutrition Assistance Progam (SNAP) to apply for a manufacturing apprenticeship program.

Applications are being accepted for the West Virginia Women Work (WVWW) Step Up for Women Advanced Manufacturing Pre-Apprenticeship program.

The DoHS has partnered with WVWW since 2017 to help women explore, train and secure employment in non-traditional occupations, especially skilled trades such as carpentry and construction.

The program’s Spring 2024 class begins on Feb. 26, 2024 in Charleston. 

The 10-week, employment-based, pre-apprenticeship training program is designed to prepare women aged 18 and older for entry-level positions and apprenticeships in advanced manufacturing. 

Participants will learn hands-on training such as learning to operate high-tech machines to make products used in medical, aerospace, pharmaceuticals and auto industries, in addition to obtaining licenses and certifications.

“Our continued collaboration with WV Women Work creates tremendous opportunities for West Virginia women,” said Janie Cole, DoHS Bureau for Family Assistance commissioner. “It is our hope that the Advanced Manufacturing Pre-Apprenticeship program will help equip women with the training and tools needed to find rewarding careers and make meaningful changes for themselves and their families.”

SNAP and SNAP Employment and Training (E&T) clients should speak with their DoHS county office caseworker. Applications are also available online.

State Accepting Public Comments On The Future Of TANF

Public comments will be accepted on the Federal Fiscal Year 2024 State Plan for the Temporary Assistance for Needy Families, or TANF program.

The West Virginia Department of Human Services (DoHS) Bureau for Family Assistance announced it would accept public comments on its plan for the future of Temporary Assistance for Needy Families (TANF), a federal block grant program that allows states to help low-income families achieve stability and self-sufficiency.

There are some new additions to the state plan including fatherhood programming, enhanced adolescent pregnancy prevention efforts, and strengthening of Family Support Centers across the state.

“Ensuring that West Virginia’s most vulnerable families have the support they need is paramount to our mission at DoHS,” said Janie Cole, DoHS’s Bureau for Family Assistance Commissioner. “We invite the public to actively engage in shaping the trajectory of the TANF program by providing feedback, which will be instrumental in its refinement as we continue our dedication to strengthen families statewide.”

Comments will be accepted from Feb. 5 to March 18. The plan is available to view at local Department of Human Services offices, the Secretary of State’s office and online.

Comments may be submitted in writing to the West Virginia Department of Human Services, Bureau for Family Assistance, Division of Family Support, 350 Capitol Street, Room B -18, Charleston, West Virginia 25301-3705, via email to DoHSPublicComments@wv.gov, or by calling (304) 352-4431.

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Charleston Area Medical Center and Marshall Health.

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