Rail Safety Issues And First Public Hearing For PEIA Changes On This West Virginia Morning

On this West Virginia Morning, the first of four public hearings held by the Public Employees Insurance Agency (PEIA) Monday drew criticism about changes to the plan. Caroline MacGregor reports.

On this West Virginia Morning, the first of four public hearings held by the Public Employees Insurance Agency (PEIA) Monday drew criticism about changes to the plan. Caroline MacGregor reports.

Also, in this show, last month’s toxic train derailment in East Palestine, Ohio, put rail safety in the spotlight. Charleston native Sarah Feinberg was involved in crafting rail safety regulations. She served as chief of the Federal Railroad Administration in the Obama White House. Feinberg spoke with Curtis Tate about some of the issues raised by recent derailments.

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 West Virginia University, Concord University, and Shepherd University.

Assistant News Director Caroline MacGregor produced this show.

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

Transgender Medicaid, PEIA Recipients Sue W.Va. DHHR For Discrimination

National advocates for LGBTQ rights are suing West Virginia health leaders, saying state-run plans for insurance are discriminatory toward the transgender West Virginians who rely on them.

A class action lawsuit filed Thursday by Lambda Legal targets West Virginia’s Medicaid program, which serves low-income residents of the state, and the Public Employees Insurance Agency, which offers coverage to state employees and their families.

According to the complaint, all plans offered via Medicaid and PEIA list gender-confirming care as an “exclusion,” or a specific medical service that the plan will not pay for.

Gender-confirming care can include hormonal replacement therapy, surgery and counseling. Access to this kind of care, attorneys write, can reduce the stress and discomfort that transgender people face when the gender they were assigned at birth doesn’t align with their gender identity.

Christopher Fain, one of three West Virginia men listed as plaintiffs in Thursday’s lawsuit, said that for him, gender-confirming care has been life-saving. Fain, a transgender man who uses Medicaid, said he had to pay out of pocket for gender-affirming surgery.

“This care is not optional. This care is essential and medically necessary,” Fain said at a virtual press conference Thursday. “To be denied coverage for care simply because I’m transgender is not only discriminatory, but demoralizing”

Fain spoke Thursday alongside attorneys from Lambda Legal, the Employment Center and Andrew Schneider, executive director of Fairness West Virginia.

“The state of West Virginia shouldn’t single out certain communities to deny health care coverage. But these blanket exclusions do just that,” Schneider said. A survey from Fairness West Virginia released in November found that around 25 percent of transgender West Virginians rely on Medicaid for health care, and roughly 14 percent rely on PEIA.

The same survey reports that 45 percent of transgender West Virginians, not specifying health care coverage, have experienced some discrimination in health care, while 17 percent have been refused care.

Schneider described Fairness West Virginia’s Transgender Health Initiative, which was designed to train doctors and medical providers on transgender health needs.

“We work with doctors whose hands are tied and can’t help their patients access gender affirming care they need because of the exclusions,” Schneider said.

The state Department of Health and Human Resources, which oversees the Bureau for Medical Services and West Virginia Medicaid, said they needed more time Thursday afternoon to look over the lawsuit.

Members from PEIA also said they needed more time to review the lawsuit.

Lambda Legal has filed similar class action lawsuits in other states like Georgia, Arizona and North Carolina. Several cases related to Medicaid are still pending, although the legal team has seen a handful of victories regarding public employee plans in Alaska and Wisconsin.

Emily Allen is a Report for America corps member.

Venues Set for West Virginia Insurance Funding Hearings

Gov. Jim Justice has announced the venues for hearings on an insurance program for West Virginia teachers and other public employees.

Justice said Monday there will be 21 public hearings statewide, starting Tuesday night at Point Pleasant High School and Marshall University’s Joan C. Edwards Performing Arts Center. Another hearing will be Thursday night at Parkersburg High School.

The final hearing will be June 11 at the state Culture Center in Charleston.

Justice and the Legislature agreed to freeze PEIA premiums, deductibles and co-pays for the coming year and provided $29 million in supplemental funding. Teachers want a more permanent funding fix.

Justice also signed a 5 percent pay raise for teachers to end their nine-day strike in March.

Locations Picked for Hearings on Insurance Funding Solution

A task force subcommittee has chosen 22 locations across West Virginia to hold public hearings on an insurance program for West Virginia teachers and other public employees.

A public outreach subcommittee of the Public Employees Insurance Agency task force met Thursday in Charleston. It chose the communities for the meetings later this spring, and the staff of the governor’s office would schedule dates and meeting places.

Task force members say the meetings would be held either on Saturdays or weekday evenings.

Gov. Jim Justice and the Legislature agreed to freeze PEIA premiums, deductibles and co-pays for the coming year and provided $29 million in supplemental funding. Teachers want a more permanent funding fix.

Justice also signed a 5 percent pay raise for teachers last month to end their nine-day strike.

Deadline for West Virginia State Worker Health Plans Ended Sunday

The deadline for state employees, retirees and teachers to sign up for or change health insurance plans ended on Sunday, May 15, 2016.

Sunday marked the last day to adjust Public Employees Insurance Agency benefits.

The plans offered for the 2017 fiscal year include $120 million in cuts, including higher copays, premiums and other costs for employees.

The cuts result from a budget shortfall. They could be at least partially restored if a state budget is passed. There would be another open enrollment.

Democratic Gov. Earl Ray Tomblin has called the Republican-led Legislature into budget session Monday. The next budget year begins July 1.

Tomblin and lawmakers are negotiating tax increases, cuts and use of reserves to cover a $270 million gap.

House Speaker Tim Armstead says the budget will fully fund PEIA.

PEIA Board Fights Budget Bill

With less two days left in the 2016 Legislative Session, members of the Finance Board for the Public Employee’s Insurance Agency, or PEIA, have serious concerns about the changes to the state budget with regards to the agency’s funding.

The budget bill, containing a line item to take $67 million dollars from the state’s rainy day fund and other special accounts in order to fund PEIA, was debated for several hours on the House floor Friday.

During this session, the Democratic Party has criticized the majority for ignoring the need for additional funding to PEIA, while some Republican members argue the current budget does fully fund the program.

In a press conference this morning, six people spoke in direct opposition the current budget bill, saying there is no agreement between the House and Senate leadership on how to fund PEIA, an agency that provides health care coverage for more than 230,000 West Virginians.

Joshua sword is Secretary-Treasurer for West Virginia AFL-CIO and a member of PEIA Board.

“We’re facing roughly $50 million to $60 million dollars in inflation every year, as well as adding new people to the book, so we’re roughly $100 million short for the next plan year,” Sword said. “The legislature promised us that they were going to come up with a dedicated revenue stream for 2016 and beyond and here we are at days 59 and 60 and they haven’t done that.”

PEIA has seen no additional funding for the past few years, yet an increase in membership and rising prices. In previous years, the agency was able to offset benefit reductions with reserve funds, which came from what could basically be considered a savings account the agency built up with excess revenues over the years. Sword says dipping into the one-time dollars is a temporary fix, one that will leave the program even worse off next year.

“The problem that creates is that it might make it okay or doable for the plan year 2017, but when we start talking about plan year 2018, we have to make up that $67 million plus the additional rate of inflation we’re facing for the following year,” Sword said. “It puts us right back in the same place where we were when we start this discussion a few months ago, at roughly $120 million in benefit reduction for the next year.”

House Finance Chairman, Eric Nelson, defended his committee’s budget on the floor Friday, saying they had to consider all options in the extremely tight budget year.

“I will say that our budget is in very difficult time right now,” Nelson said. “Whether it be revenue measures or other expense cuts, or additional cash sweeps, all of those are on the table and need to be on the table. A 60-day session is not sufficient time for this body to be prudent.”

Other Republicans defended the measure as well, including Delegate Michael Ihle, who is also the mayor of Ravenswood.

“We’ve heard a lot about 1 in 6 or 1 in 7 West Virginians, who get PEIA,” Ihle said. “What about the other six out of seven? Many of whom have had their insurance skyrocket by a lot more than 12 percent, if they’re even lucky enough to have insurance.”

Earlier this session, a bill was killed in the House Finance Committee that would have increased the tax on a pack of cigarettes by one dollar. The Senate had approved the tax and dedicated some of the revenues to the PEIA reserve account, allowing the program to help sustain itself into the future.  Both Democrats and Republicans voted against the bill in the Committee.

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