Lawmakers Look To Budget In Final Week Of Session, This West Virginia Morning

On this West Virginia Morning, as we enter the final week of the state legislative session, we decided to check in with party leaders to see how they feel about the session and whether they met their priorities. Randy Yohe spoke with Del. Mike Pushkin, D-Kanawha. WVPB invited Republican House leaders to join in the discussion, but none were available.

On this West Virginia Morning, as we enter the final week of the state legislative session, we decided to check in with party leaders to see how they feel about the session and whether they met their priorities. Randy Yohe spoke with Del. Mike Pushkin, D-Kanawha. WVPB invited Republican House leaders to join in the discussion, but none were available.

West Virginia Morning is a production of West Virginia Public Broadcasting which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University.

Eric Douglas is our news director and producer.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

All Eyes On The Budget As 2024 Session Enters Final Week

On this episode of The Legislature Today, we’ve begun the final week of the 60-day West Virginia Legislative session, and everything wraps up Saturday at midnight. Randy Yohe talks with Del. Mike Pushkin, D-Kanawha, to see how his caucus feels about the session and whether they met their priorities for this year. WVPB invited House Majority Whip Del. Marty Gearheart, R-Mercer, to join the conversation, but he was unable to participate.

On this episode of The Legislature Today, we’ve begun the final week of the 60-day West Virginia Legislative session, and everything wraps up Saturday at midnight. Randy Yohe talks with Del. Mike Pushkin, D-Kanawha, to see how his caucus feels about the session and whether they met their priorities for this year. WVPB invited House Majority Whip Del. Marty Gearheart, R-Mercer, to join the conversation, but he was unable to participate.

In the House Monday, bills that were delayed, tabled or banished stood out more than what the chamber passed. The underlying concern was passing a budget with a possible $465 million deficit looking over the legislature’s shoulder. Randy Yohe reports. 

House Democrats held a press conference before the floor session Monday. Their single topic was the budget, now under debate.

In the Senate, the chamber approved several House bills. Some head to the governor’s for a signature. Others head back to the House for consideration of any Senate changes. Briana Heaney has more.

Also, advocates gathered under the Capitol dome Monday to educate lawmakers about the prevention of addictions and mental health struggles. Emily Rice has this story.

Finally, euthanasia, or medically assisted suicide, is already illegal in the state. Now, a legislative resolution aims to reaffirm that stance. Jack Walker reports on what lawmakers think about the policy from both sides of the aisle.

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.

Lawmakers Discuss Bill That Would Bring Changes To Legislative Auditor’s Office

On this episode of The Legislature Today, the Legislative Auditor is a department under the West Virginia Legislature tasked with auditing offices under the executive branch. There is a bill making its way through the legislature that some say will “defang” the work done by the department while others say the bill strengthens it.

On this episode of The Legislature Today, the Legislative Auditor is a department under the West Virginia Legislature tasked with auditing offices under the executive branch. There is a bill making its way through the legislature that some say will “defang” the work done by the department while others say the bill strengthens it.

Randy Yohe spoke with House Speaker Roger Hanshaw, R-Clay, and Democratic Party Chairman Del. Mike Pushkin, D-Kanawha, for perspective on the issue.

In the House, a wide range of bills on third reading included a change in oil and gas property taxes, the sale of raw milk and changing the title of the curator of the Department of Arts, Culture and History. Randy Yohe has more.

In the Senate, the chamber approved 10 bills on third reading covering topics ranging from creating a state Alzheimer’s task force to the James A. Manchin Environmental Action Plan. Briana Heaney has more.

Finally, a group that spends a lot of time at the legislature campaigning for Second Amendment issues was back. Bob Brunner spoke to a representative to find out what they were working on now.

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.

W.Va. Democrats Ask For Investigation Of CPS

In response to the DHHR’s inability to produce Child Protective Service travel records, the West Virginia Democratic Party has asked for an investigation into the department.

On Tuesday, the West Virginia Democratic Party (WVDP) Chair Mike Pushkin, D-Kanawha issued a letter to Gov. Jim Justice, urging him to launch an immediate and thorough investigation into the West Virginia Department of Health and Human Resources (DHHR) handling of a particular child neglect case.

Earlier reporting by Eyewitness News revealed two children were found living in “devastating conditions” in a shed, with minimal facilities and inadequate care, leading to felony child neglect charges against Donald Ray Lantz and Jeanne Kay Whitefeather.

A recent Freedom of Information Act request by West Virginia Watch indicates that no travel records exist from Child Protective Service (CPS) workers confirming that they never visited the home despite multiple complaints from neighbors about the well-being of the children.

“The neighbors in this close-knit community out in Sissonville, the neighbors had been repeatedly calling CPS and at least we don’t see any kind of evidence that CPS responded to that,” Pushkin said. “To me, that’s very troubling and that warrants an investigation.”

In the letter, the WVDP states that they believe this CPS case is not an isolated incident but a symptom of a larger systematic issue within the state’s child welfare system.

“They can’t produce any documents to show that they actually responded, which would lead us to believe that they did not respond to these calls,” Pushkin said. “Is this an isolated incident? Or is this more part of just a culture of complacency or competency over there? And if so, is it possibly due to staffing shortages?”

Pushkin noted Justice’s “flat budget” as a possible reason behind CPS understaffing and shortcomings.

“Now the legislature and the governor can pat each other on the back for passing flat budgets and creating these artificial surpluses over the years,” Pushkin said. “But what does that really mean? It very well could possibly mean that we aren’t meeting essential services that need to be provided to the state, very least of which, would be taking care of children in the state’s custody. If we can’t do that, what can the state government do?”

Ongoing Litigation

DHHR employees and Justice are defendants in an ongoing class action lawsuit, originally filed in 2019, that alleged the state had violated the constitutional rights of more than 6,000 kids in the state foster system. 

Allegations include the state failing to protect children, overburdened CPS workers, and leaving kids to languish in the system without any permanency plan.

Plaintiffs in the suit, A Better Childhood, a New York-based nonprofit, along with Shafer and Shafer and Disability Rights West Virginia, recently asked for sanctions in the case due to lack of evidence retention from the defendants.

The motion accuses the DHHR of “deliberate indifference” to due process claims brought by the attorneys representing foster children against DHHR.

Justice’s chief of staff, Brian Abraham, said in October, that the emails were deleted because of the Office of Technology’s protocol to delete the emails of employees who’d left their positions with the state.

“This administration was unaware that there was a policy in place at the Office of Technology to delete the emails of employees who left employment with the state of West Virginia,” Abraham said. “So there’s no basis whatsoever for any allegation that emails were intentionally deleted from any agency.”

Abraham added that the administration was not sure when the policy began or who enacted it, but said they are investigating this state-wide policy.

Marcia Robinson Lowry,the lead plaintiff in the case, said the defendants knew the emails she sought were evidence in the case.

“We don’t know whether anybody destroyed them willfully, or whether it was just more questions of competence and thoroughness on the part of the state, the state runs right now a very, very dysfunctional child welfare system,” Lowry said.

Dividing the DHHR

During the 2023 Legislative Session state lawmakers voted to divide the DHHR into three separate departments to increase transparency and improve outcomes in foster care. The new departments go into effect on Jan. 1.

There will now be a Department of Human Services for programs like Child Protective Services, a Department of Health and a Department of Health Facilities for facilities like state-run hospitals. Each agency will also have its own secretary to lead the agency.

The new secretaries are Dr. Sherri Young, incoming secretary of the Department of Health, Dr. Cynthia Persily, incoming secretary of the Department of Human Services and Michael Caruso, incoming secretary of the Department of Health Facilities.

Pushkin voted in favor of splitting the department but has voiced concerns about the efficacy of the split in improving health outcomes for West Virginia.

“Well, you know why I voted to split up the DHHR to three separate departments have often said, unless we really address the culture there,” Pushkin said. “Instead of having just one large dysfunctional department, we’re going to wind up with quite possibly three, slightly smaller, dysfunctional departments, until we really start prioritizing what’s important.”

First PEIA Public Hearing Draws Criticism

The first of four public hearings held by the Public Employees Insurance Agency (PEIA) Monday drew criticism about changes to the plan.

The embattled agency has struggled with fiscal solvency and most recently, the announcement by one hospital that the insurance carrier would no longer be accepted. Senate Bill 268, which goes into effect July 1, was a concerted effort between the House and Senate to rescue PEIA by requiring a minimum 110 percent reimbursement of the Medicare rate for all providers, paid for in part by a 24 percent increase in premiums for employees. 

About 50 people, including retirees and several educators, were present for the meeting at the Culture Center in Charleston. 

PEIA Interim Director Jason Haught talked about the three plan options on the table.

The plan changes reflect the increase in premiums for active and retired state employees. Non-state agencies, retirees, spouses employed by PEIA-participating agencies, or spouses with Medicare, Medicaid or TRICARE coverage are exempt. 

Effective July 1, significant changes to the plan include:

  • A surcharge for spouses of active policyholders – if they have coverage elsewhere but choose PEIA coverage instead. 
  • A hike in premiums to return to a 80/20 employer/employee premium split
  • Increasing reimbursement to providers to a minimum of 110 percent of Medicare’s reimbursement.

The first of the three options discussed by Haught includes an increase in state employee premiums of almost 24 percent. The increase would vary since enrollment and performance vary from plan to plan. For the non-state fund there would be a 15.6 percent increase. No premium increase would be imposed on retirees.

Option 2 calls for a blended approach with a slightly lower increase in premiums (19.2 percent) but higher deductibles, and out-of-pocket and prescription costs to make up the difference. 

Non-state plans that opt into PEIA under option 2 would see a 9.7 percent premium increase and medical deductible and out-of-pocket increases of approximately 35 percent along with a hike in prescription drug costs.

Option 3 is also a blended approach (State plan & RHBT) and would include a 14.6 percent premium increase with retirees being exempt. Changes to non Medicare include a medical deductible increase of 50 percent under plan tiers, out of pocket expenses, and an increase in prescription co-pays or drug costs. 

Several retirees and former educators spoke to the panel about their concerns, including Rosa Huffman, a teacher in the Kanawha County school system. Huffman asked why the public is not being given more time to understand and decide on the proposed options.

“Why is this plan being rushed through?” Huffman asked.

Sen. Amy Grady, R-Mason, said comments that the PEIA plan was rushed through the legislature are unfounded.

“It hasn’t been rushed, and that’s the misconception,” Grady said. “This specific plan has been worked on for at least a year. I know I was reaching out to people, saying ‘Give me some input on this,’ I’ve no reason to believe other senators and delegates don’t do that.”

Grady said down the road the legislature may be able to consider taking money from the state’s “Rainy Day” fund to prevent an increase in costs for retirees, a suggestion put forward by West Virginia Education Association President Dale Lee.

When asked, the panel informed Lee that there was $74 million in the fund.

“Because I know that was a part of the fiscal note when you looked at Senate Bill version of 268 – whether the premiums would go up 14 percent or 26 percent based on the $74 million in the rainy day account,” Lee said. “I’m guessing that that money could still be used if the legislature appropriated the money, is that true?”

Haught responded, saying that it was his understanding that the expenditure side of the budget would not be completed until May 1st, but stated “theoretically” that was possible.

Del. Mike Pushkin, D-Kanawha, criticized the legislature for passing a bill that he said places strain on retirees.

“I mentioned the word arrogance earlier in regards to our current legislature, in regards to this super-duper majority,” Pushkin said. “I mentioned arrogance to raise premiums on public employees under the guise of a shell game of giving out a pay raise at the same time, while voting to give themselves a raise, a substantial raise for those in leadership.”

“They built into it cost of living adjustments for those at the top of the legislature, something they could not find it in their hearts to do for retirees for how many years?” he continued. “When’s the last time you got a cost-of-living adjustment if you’re a retiree?”

Pushkin contended that Gov. Jim Justice broke his promise when he said that premiums would not go up.

“When asked if he would raise premiums he said, ‘Not on my watch,’” Pushkin said.

Retired educator John Riddle told the panel that retirees are facing an ever-increasing cost of living.

“Let me tell you something, for 18 years of retirement, if you look at the cost of living, retirees on a fixed income are not in a very good spot,” Riddle said. “And all I’m asking you to do is to continue to allow our retirees to have a place at the table to talk with you.”

Three more public hearings are scheduled this week, including two on Tuesday at 6 p.m. in Morgantown at the Hampton Inn and in Huntington at the Mountain Health Arena. The fourth public hearing is on Wednesday at the Holiday Inn in Martinsburg. 

The Finance Board will follow up with a meeting on Thursday, March 30 at 1 p.m. The board will consider comments from the public hearings and adopt the new Plan Year 2024 which will be published in the 2024 Shopper’s Guide.

Visit the PEIA website for more information on the public hearings.

What's Next For Republicans And Democrats In The Legislature?

Republicans bolstered their supermajority on election night but Democrats say they will continue to work for policies that help people.

Republicans bolstered their supermajority on election night but Democrats say they will continue to work for policies that help people.

Senate President Craig Blair, R-Morgan, said he’s buoyed by a 30 to 4 Republican supermajority (what he now calls a super-super majority) in the senate, but he also said that comes with a caveat.

We’re really good at getting our candidates across the finish line,” Blair said. “But we got some learning to do on how to get amendments done.”

All four proposed amendments to the state constitution failed Tuesday night. Blair said, following the failure of Amendment 2 which would have given the legislature the ability to change or delete property taxes, the legislature needs to continue promoting a drug-free, educated workforce and do a better job educating voters on state revenues. But he said it will be tough to bury the political hatchet with Gov. Jim Justice who opposed Amendment 2.

“I find it off-putting that we’ve been called ‘the swamp’ and we’ve basically been called ‘mired in debt,’” Blair said. “We were called corrupt and that’s not true.”

Re-elected, Del. Mike Pushkin, D-Kanawha, said, as state Democratic party chair, he’ll continue a non-partisan push for policies to help West Virginians.

He did see an election night bright spot in voters defeating all four amendments.

They still have a very healthy mistrust of Republican policy,” Pushkin said. “They did not want the Republican legislature in control of county budgets. They didn’t want the Republican legislature in control of our public education.”

Pushkin says any compromise in tax reform moving forward needs to be citizen-centric.

“It must be about giving tax relief to the people who really really need it,” Pushkin said. “Not just to the wealthiest West Virginians or to out of state corporations.”

Election results become official when certified by county clerks next week.

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