‘We Are Begging Again’: As PEIA Considers Health Care Cost Hikes, State Employees Push Back

Under a new plan, state employees would have to pay more for health care, evoking feelings of concern, frustration and disappointment among many.

At public hearings throughout the state, West Virginians have expressed concern, frustration, and disappointment at the Public Employee Insurance Agency’s (PEIA) plan to raise premiums and copays this coming July.

Several West Virginia Public Broadcasting reporters attended the November hearings to speak with some of the more than 200,000 state employees relying on PEIA for health insurance. Many said they would reconsider employment with the state if the plan is implemented.

Tena McElwain is a bus driver for Monongalia County Schools and the county’s American Federation of Teachers (AFT) service personnel president. She attended a public hearing and accompanying rally on Nov. 19 in Morgantown.

From McElwain’s perspective, the proposed increases would cut even further into paychecks and make vacancies harder to fill.

“Right now there’s a shortage in Mon County for bus drivers, secretaries, aides, custodians, cooks, because of the PEIA increases,” she said. “We’re more or less working to pay insurance. We’re not taking anything home after PEIA comes out. We still have bills.”

PEIA released the proposed changes at its October 2024 board meeting. They are set to be approved Dec. 5.

Plan changes, along with public hearings, are an annual process. But the proposed increases are higher than normal, coming after two years of rising operational costs. In an October special session, the West Virginia Legislature approved $87 million in stop-gap funding to prevent a mid-year premium raise.

The PEIA Finance Board’s proposed changes include a 14 percent premium increase for state employees, a 16 percent premium increase for local state employees, and a 12 percent premium increase for Medicare and non-Medicare retirees.

Under the plan, deductibles and out-of-pocket maximums will rise by 40 percent — an average increase of $355 for state employees and $310 for local state employees. Copays for inpatient and outpatient services will also increase significantly: For example, surgery copays will rise from $100 to $250.

The Recent History Of PEIA

Gov. Jim Justice pledged to keep premiums flat while in office. Following the 2018 statewide teacher strike, he established a $100 million reserve fund to cover any rising insurance costs. However, amid cost increases, intermittent short-term funding and declining enrollment, PEIA members have seen a series of premium hikes that started in 2023.

Now, Justice will assume a new role in the U.S. Senate in January, and questions about the agency under a new administration and legislature next year have lingered. PEIA’s proposed rate hike seems to provide an answer, but one that is not popular among many state employees.

“I don’t understand why my copays go up and up and up to the point that I can’t afford to live yet I can’t afford to die at this point,” Michael Kimball said at the Nov. 11 virtual hearing.

The Finance Board says it has to raise the rate because of inflation and the growing cost of prescription drugs.

In particular, GLP-1s, a class of medications that manages Type 2 diabetes and obesity, cost PEIA $52.5 million in the 2024 fiscal year. That marked 20 percent of the agency’s net spending on drugs, PEIA Director Brian Cunningham said during a November meeting of the legislature’s Joint Standing Committee on Insurance and PEIA. 

On Nov. 26, the outgoing Biden administration announced it would ask Medicare and Medicaid to cover the cost of GLP-1 obesity medications. The incoming Trump administration would have to approve the measure for it to go into effect. Meanwhile, PEIA is now phasing out all prescriptions of these drugs to manage weight loss.

In March, PEIA canceled a 1,000-person pilot program that covered weight-loss drugs due in part to the program’s cost to the state. However, advocates of the program say the state will end up paying more for health complications caused by obesity.

Another contributing factor to rising costs is the passage of Senate Bill 268 in 2023. It required PEIA to increase reimbursement to health care providers, mandated a spousal surcharge and formalized the 80/20 rule, which requires insurance companies to spend at least 80 percent of the money they make from premiums on health care costs and quality improvement activities.

The bill also required PEIA to increase reimbursement to health care providers to 110 percent of Medicaid reimbursements. This cost PEIA $70 million more than anticipated in 2024, according to Cunningham. The Joint Standing Committee on Insurance and PEIA is scheduled to discuss a draft bill that would walk back that reimbursement requirement during their Dec. 9 interim meeting.

“What we see at PEIA is that we are overpaying compared to national averages for some services,” Cunningham said at the committee’s Nov. 11 meeting.

Cunningham also pointed to rising health care costs nationally and “floodgates” opened to delayed procedure scheduling after COVID-19 shut down some providers.

Speaking at the public hearing in Morgantown, West Virginia Education Association (WVEA) President Dale Lee — who led the 2018 teachers’ strike and served as a member of Gov. Justice’s 2018 to 2019 PEIA task force — said the roots of the current issues with PEIA go back far beyond Senate Bill 268 or rising costs.

“We had the PEIA Task Force, which I was proud to be a member of. The task force came up with a bill that would have provided stability to PEIA over the years,” he said. “Part of that bill was language on funding, language on the 80/20, and several other pieces in that bill. We have introduced that bill every session since January of 2019.”

WVEA President Dale Lee speaks at the Morgantown public hearing.

Chris Shulz/West Virginia Public Broadcasting

In April 2018, then-PEIA Director Ted Cheatham said the agency would need $50 to $70 million annually to maintain the program, anticipating health care inflation and rising costs.

When teachers went on strike in 2018, they focused on issues of rising health care costs and stagnating pay. That February, Justice signed an executive order creating the PEIA Task Force in response to union health care demands at the same time he announced a teacher pay raise. Teachers ended the strike when Justice signed the 5 percent pay raise into law.

The task force last met in January 2019. It did not deliver a report on how to provide that sustainable funding.

Lee went on to say that despite having the support of Senate President Craig Blair, who was Senate Finance Chair when the proposals were first made, the bill has never advanced to a committee agenda, let alone the state senate’s floor.

“In my opinion, it’s retaliation for the actions that we took in 2018 and 2019,” Lee said. “Folks, it’s time to end those retaliatory actions, and it’s time for us to come back to the table and figure this out.”

Teachers At Public Hearings

WVEA had affiliates attend meetings throughout the state. Diana Adkins, a retired teacher who began her career in the 1980s, attended the Charleston public hearing Nov. 22 as the co-president of the Kanawha County Education Association, a local affiliate of WVEA.

“Every time I say it can’t get any worse, I find myself wrong,” Adkins said ahead of the hearing. “It can get worse, and we must attract good educators.”

Jamela Brown, a family support specialist at Kanawha County Schools, attended the hearing as a school liaison for WVEA. 

“It’s greater impact with the group,” Brown said. “When you’re by yourself, you don’t know. Since I’m new to this scene, I didn’t know a lot of things. So I needed more people like [Adkins], who just spoke, that gave me some more information.”

She said, in her capacity as a social worker running a food pantry at three schools, she sees pre-existing financial need among teachers. She called for more organizing from the ground up.

“I don’t see one person in any of my schools here tonight, not one,” Adkins said at the end of her public comment. “That’s a problem to me. I don’t see anybody who looks like me in here tonight. That’s a problem.”

Teachers on a Nov. 18 virtual hearing included Jo Frost, a teacher at Woodrow Wilson High School in Raleigh County. She said current salaries do not cover teachers’ expenses, but they have continued to work state jobs for benefits and out of passion for their work.

“Teaching used to be pretty good in West Virginia. But then the cuts started, and then they continued,” Frost said. “Health care for public employees in West Virginia used to be pretty good, but then there were cuts statewide. There are approximately 5,000 unfilled state employee positions. Could a dismal outlook on insurance be contributing to that problem?”

Frost said it feels like nobody is taking care of teachers, especially when their health care provider is cutting coverage.

“We have begged you time and again to push back harder in these negotiations. We are begging again,” she said. “Protect our seniors, our state employees, our students, our retirees, because no one else is. Disambiguation is popularly called the death of 1000 cuts. I’m here to say that’s what’s happening to teaching in West Virginia.”

WVEA President Dale Lee addresses rally attendants at the West Virginia Erikson Alumni Center before a PEIA Finance Board hearing Nov. 19, 2024

Chris Shulz/West Virginia Public Broadcasting

Cullen Hencke, another Monongalia County teacher and the vice president of the local AFT chapter, said at the Nov. 19 Morgantown meeting that teachers and school personnel are not the only ones the rate increases will impact.

“Sometimes we’re the loudest voices about these issues, but we know that they affect lots of other people who West Virginians care about and look to and in times of need,” he said.

Other State Employees, Retirees

Other sectors of state employees, however, do not have organized unions with decades of experience like WVEA.

Jeff Hutchinson, Kanawha County parks director, said he was there on behalf of his staff.

“I have probably one of the smallest staffs in the room, but I have a lot of employees that don’t make a lot of money,” Hutchinson said. “So these increases — I’m here because I see my people every day, and they’re all worried about this.”

Hutchinson said he returned home to West Virginia after working in the private and public sectors in other states.

“I’m a West Virginian. This is my home. This is where I choose to be,” Hutchinson said. “I’m getting to the age where I can retire. I’m the highest paid employee in my agency. I make a fairly good living for West Virginia. I’m not going to say that I don’t. If I were to retire this month, half of my retirement would go for my insurance. That’s crazy.”

Crowd filing in before the start of the Charleston public hearing.

Caelan Bailey/West Virginia Public Broadcasting

Retirees on the virtual call said they worked their lives for their retirement, and the rate increases will not be feasible on a fixed income.

“I could go through point by point about all the increases, and I realize what the Finance Board is trying to do,” John Riddle from Jackson County said during the virtual hearing. “You’re trying to balance the act, you’re trying to help us in that manner. But I’m telling you, folks, for retirees on a fixed income — and I don’t have to tell you, folks this and everyone in this room on a fixed income — 14, 15 percent increases in anything is draconian to us. I mean, it’s unbearable. We have no way of catching up.”

Marica Mason, executive director of the Kanawha County Ambulance Authority, spoke to the Finance Board about the urgency of benefits for first responders.

“If you would suffer a health care crisis, you would hope that your local emergency medical service agency would respond quickly with the best care possible from well trained emergency medical technicians and paramedics,” Mason said.“I ask that you, as well as the legislators that may be here this evening, pay attention.”

Possible Solutions

PEIA will once again require legislative intervention in next year’s legislative session, which is delayed until February because of the inauguration of incoming governor Patrick Morrisey.

“We’re saying all the same things, and it’s all the same problems [that] keep reoccurring because it hasn’t been a priority of the legislature or the executive branch for that matter,” said Del. Mike Pushkin, D-Kanawha and chair of the state Democratic party, during the Charleston hearing, referring to years of stop-gap funding but no long-term funding solution.

Del. Joey Garcia, D-Marion, was recently elected to the state senate for District 13. He spoke to the Morgantown rally ahead of the hearing. He said PEIA’s problems were created by the legislature, and can be fixed by the legislature, too.

“They’re fixes that an incoming governor can propose when we get into the legislative session this coming February,” Garcia said. “I’m hopeful, I think these people here are hopeful that their voices will be heard. I just said a second ago, you can listen, or you can actually look at something, and see where people are. I think that’s what we’re going to see a lot tonight, about how this has affected people in their pocketbooks.”

Pushkin said he anticipates Republican lawmakers will move to privatize PEIA.

“With this incoming administration and with these two super majorities in the legislature, there’s going to be a big push to privatize your insurance,” Pushkin said. “So we need to fight back on that with every chance we get and push back on that.”

But, as West Virginia Watch reported this week, legislative leaders have indicated they do not have a clear path forward for the beleaguered insurance program, leading some to theorize that privatization may be on the table.

Attendants at the Nov. 19, 2024 PEIA Finance Board hearing in Morgantown listen to a presentation on proposed increases.

Chris Shulz/West Virginia Public Broadcasting

In Morgantown, Lee called the possibility a “terrible idea for the employees,” and pointed out that almost all of PEIA’s funding goes to benefits, and not administrative costs.

“In the private sector. It’s more like 20 percent administrative costs, 80 percent private bank costs,” Lee said. “We’ll have companies that will come in and say, ‘We can privatize this and save you a whole lot of money right now.’ And yes, they can, in the beginning. Because they are for-profit companies, that cost is going to go up and up and up, and we will have no choice.”

Lee also said affordability will likely become an issue. PEIA payments are based on an enrollee’s income, whereas private insurance almost always offers flat rates to all customers. He said that privatizing PEIA means public employees are being forgotten by fellow public employees: the staff of PEIA.

“There’s only 55 of them, so we don’t have a huge administrative cost, remember, it’s less than eight percent,” Lee said. “But they’re West Virginians, and they understand the issues that we face each and every day. So if you have something that’s denied, or medicine that’s denied and you really need, you make a call to Charleston and we get it resolved.”

Further complicating a push for privatization would be attracting a provider. Cunningham told lawmakers that there is no interest from the private sector to take on PEIA’s patient portfolio.

“What I hear from the gallery quite often as well [is], ‘Let’s privatize PEIA.’ So we open up a bid, we release a procurement and say, ‘Private entities, please provide PEIA members insurance,’” Cunningham said during the November committee meeting.“We didn’t get any additional bids. That did surprise me.”

The PEIA Finance Board is considering comments on the proposed changes until Dec. 4. Those who wish to comment can email PEIAComments@wv.gov, or submit mail to 601 5th St. SE, Suite 2, Charleston, WV 25304.

Cutbacks In The U.S. Postal Service And A Reporter Roundtable On This West Virginia Morning

On this West Virginia Morning, the United States Postal Service (USPS) held a public hearing in Charleston last week where officials discussed their plans to downsize a local mail processing facility. But union representatives came away from the hearing with questions left unanswered. Now, they say their trust in the USPS has only further eroded.

On this West Virginia Morning, the United States Postal Service (USPS) held a public hearing in Charleston last week where officials discussed their plans to downsize a local mail processing facility. But union representatives came away from the hearing with questions left unanswered. Now, they say their trust in the USPS has only further eroded. Jack Walker has the story.

Also, in this show, in our most recent episode of The Legislature Today, we had our weekly reporter roundtable. Last week, Brad McElhinny from West Virginia MetroNews joined Randy Yohe and Curtis Tate in our studio to discuss the governor’s latest legal trouble and the library obscenity bill, among other things.

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.

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

Landowners Say They Are Being Taxed Unfairly At Public Hearing

The House of Delegates held a public hearing on a bill that would remove a sunset clause from the current oil and gas personal property tax assessment. 

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

The House of Delegates held a public hearing on a bill that would remove a sunset clause from the current oil and gas personal property tax assessment. 

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

House Bill 2581 in the 2021 session created the formula for how gas operators and property owners are taxed. The bill had a sunset clause, which comes due in July of 2025 

House Bill 4850 would remove that sunset clause from the bill, making the tax formula permanent. 

Del. Vernon Criss, R-Wood, said the bill would help create tax predictability for landowners and well operators. 

“If we do not do this, then there will be no tax collected by the counties,” Criss said. “That is how the law is set up now. So the sunset clause needs to be taken off so that the counties can continue to collect their personal property tax on oil and gas in those counties.”

However, landowners taxed by this bill gathered at the Senate to express opposition.

They said that the 2021 bill taxes them unfairly and lacks transparency. 

Scott Sondo receives royalties for land he owns that has a well on it.  

“Now, one of the major problems is there’s no transparency in the industry,” Sondo said. “So they (well operators) could actually sell the products for a higher price. Tell me, they sell them for a lower price.”

He said that part of the formula for what he is taxed on is based on the prices that the gas actually sold for. The gas operators submit that information to the state but landowners like Sondo never know what that number is.

“When the operators turn these numbers in, they’re used to calculate my boundaries, well, we just would like to know what that value is. And so far, we’ve not been successful in getting that,” Sondo said. 

He said, after taxes, landowners barely have enough to pay the taxes from the royalties they are paid by well operators for the use of their land. 

The code also has proven to be complicated for the state Tax Division.  It has come under scrutiny since the tax code was passed in 2021 for things like providing incorrect assessments and then taking so long to get the correct assessment back to property owners that they don’t have time to appeal the assessment. 

Exploring Workforce Development Needs, New Energy In W.Va.

On this episode of The Legislature Today, new companies and new jobs are coming to West Virginia. And with those jobs comes the need for workforce development and new sources of energy. Curtis Tate spoke with Bill Bissett, the president of the West Virginia Manufacturers Association, and Dan Conant, founder and CEO of Solar Holler, about these issues.

On this episode of The Legislature Today, the first public hearing of the 2024 session was held, and it focused on a bill that criminally penalizes public facilities for presenting obscene material to minors. Randy Yohe reports on an emotionally charged event.

Also, the Senate passed and sent eight bills over to the House, including one to protect police dogs. Briana Heaney has the story.

Bills dealing with human trafficking, a school counselor’s duties and moonshine moved to third reading in the House. Randy Yohe has more.

Geospatial professionals from across West Virginia gathered at the Capitol to teach the public about their field. Jack Walker reports.

And, discipline has always been a part of a school education. But in recent years, concerns over student and teacher safety have elevated discipline to be the school issue of the day. Chris Schulz takes a look at the legislature’s attempts to address the matter.

Finally, new companies and new jobs are coming to West Virginia. And with those jobs comes the need for workforce development and new sources of energy. Curtis Tate spoke with Bill Bissett, the president of the West Virginia Manufacturers Association, and Dan Conant, founder and CEO of Solar Holler, about these issues.

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.

Update: Public Hearing For Cacapon RV Campground Canceled

Monday, April 17, the public hearing has been canceled as a result of a lawsuit between Morgan County citizen Dale Kirchner and the West Virginia Division of Natural Resources.

Updated on Monday, April 17, 2023 at 4:30 p.m.

Monday, April 17, the public hearing has been canceled as a result of a lawsuit between Morgan County citizen Dale Kirchner and the West Virginia Division of Natural Resources. According to a Morgan County Circuit Court finding, the DNR was alleged to not have allowed sufficient lawful notice before the hearing was to take place. The DNR denies the claim, but agreed to cancel the meeting as a result of the suit.

“The Defendants maintain that the West Virginia Division of Natural Resources has provided lawful notice, pursuant to §§ 20-5-16 and 59-3-2 of the West Virginia Code, and would prevail on the merits, the filing said. “However, the Defendants do not wish to proceed if there is an appearance of impropriety, but instead desire to assure the public that it is in full compliance with any and all notice requirements. Accordingly, the Defendants find it fitting to cancel the meeting scheduled for April 18, 2023.”

There is as of yet no postponed date for the hearing.

Original Post

A public hearing regarding a proposed private campground development is scheduled at Cacapon State Park next week.

The hearing concerns the construction of an RV park on Cacapon grounds. 

Three development proposals submitted by Blue Water Development, River & Trail Outfitters and Scenic LLC are being reviewed by the state Division of Natural Resources (DNR) as responses to a request for proposal posted last December. 

One bid submitted by Blue Water Development said as many as 350 spots could be constructed.

“At this time, no vendor selection has been made,” a March release from West Virginia State Parks said. “Furthermore, the West Virginia DNR is under no obligation to accept any of the proposals as submitted and may negotiate the scope and specifications of any final agreement. No specific sites within the park have been selected for this potential development.”

The release also said that any trails impacted by the construction would be relocated or reintegrated into the new facility.

The Morgan County Commission voiced concerns about the development in a letter written last week, saying it could cause traffic and safety issues, overwhelm the park’s sewer plant and cause excessive excavation and clear-cutting of trees.

Environmental groups like the West Virginia Rivers Coalition and Sierra Club have also voiced similar concerns.

“This massive RV park and these types of private amenities are not compatible with the unique conditions of Cacapon and what we expect at WV State Parks,” West Virginia Rivers said in a statement on the potential development.

Morgan County community members have also assembled on park grounds in protest of the development’s potential approval. 

“For the past three weeks, there has been a growing group of citizens meeting at the upper lake at Cacapon State Park in Berkeley Springs,” Morgan County resident Russell Mokhiber said in an email to West Virginia Public Broadcasting. “Seventy people showed up. The next week, 90 people showed up. This past Monday, 120 people showed up.”

Another protest is also expected on park grounds Monday evening.

The development comes after House Bill 4408 was passed into law during the 2022 West Virginia Legislative session. It allows for contracts to be granted to private companies to build recreational and lodging facilities on state park grounds. 

The hearing is scheduled for 5 p.m. on April 18 at the park’s conference center.

Editor’s Note: This story was updated to reflect the change in status of the public hearing and add the filings with the circuit court of Morgan County.

Opposition Dominates Public Debate On Campus Carry Bill 

Will allowing the concealed carry of firearms on campus add more protection or create more danger?

This is a developing story and may be updated.

This story was updated on Feb 15, 2023 at 3:58 pm

With another university campus mass shooting earlier this week, legislative and public debate over the Campus Self-Defense Act has fostered heightened emotion from both sides. Will allowing the concealed carry of firearms on a West Virginia campus add more protection or create more danger?

The House Judiciary Committee held a Wednesday morning, one-hour public hearing on Senate Bill 10, commonly known as the campus carry bill. It would allow college students, faculty and staff to carry concealed weapons on all but a few restricted areas on college campuses. There were 37 people opposed to the bill and only two speaking in support of campus carry. Each speaker had one minute. 

Chris White, a Marshall University history professor, and former Marine infantryman, said the Second Amendment, the right to bear arms, must come with safety controls this bill does not offer.

“There are many, many months worth of training that military and police officers have to go through before they are able to earn that second amendment right and carry those weapons in public,” White said. “Every single moment in which a weapon is in the hands of a soldier or a police officer is controlled. None of those safety controls will be imposed on our students or anybody else who comes on to campus. Marshall University, WVU, the other universities, have expressed that they are opposed to this bill. I am not going to say that this is going to increase actual violence on campus. It might. But what I do know is they’re going to increase accidental discharges.”

Speaking in favor of the Campus Self-Defense Act, Art Thomm said he represented the National Rifle Association. He said Michigan college students killed earlier this week might be alive if campus carry was allowed. 

I live here, my college age sons live here, my wife and my young stepdaughter live here. Our loved ones deserve the right to defend themselves from a deadly attack in a gun free zone without having to make the choice of employment, education or their life,” Thomm said. “As already referenced, there was a shooting just this week where a lunatic went on a college campus in Michigan, a place where it was illegal under statute to carry a firearm and shot eight students killing three of them.”

After the public hearing, Democratic lawmakers from the Morgantown area joined West Virginia University students and staff in solidarity against campus carry. Del. Evan Hansen, D-Monongalia, boiled down much of the sentiment expressed in the public hearing.

“Their concerns include things like an increase in assaults and sexual assaults,” Hansen said. “How this would interact with mental health and suicide on campus, the possibility of accidental discharges, the drinking and drug use on campus and how bringing guns into that equation might cause more harm than good. People also mentioned issues with recruitment and retention of faculty, staff and students.”

WVU faculty member Maria Perez said some students taught her to appreciate firearms used for hunting, but others expressed the fear of a high number of military veteran suicides by handgun having parallels to college students.

“His uncle was a lawful firearms owner, he had no mental illness antecedent, his dog had died and then he got into a fight with his wife and shortly after he shot himself and died,” Perez said. “It was a moment of crisis. This combined with the availability of a firearm creates conditions that result in the sudden and tragic end of a life.”

Lawmakers who support campus carry, like Del. Brandon Steele, R-Raleigh, said the proposal extends the constitutional Second Amendment rights to college campuses.

“You and I can carry a firearm, as is our right, in any portion of that facility that it’s not prohibited in. This just affords that same right and opportunity to the students and faculty,” Steele said. “You can have an 18-year-old person who hasn’t matriculated at school, legally carrying a firearm. You shouldn’t have to surrender your firearms rights just because you become employed at the university or college or become matriculated and become a student.”

Marshall University, West Virginia University, Concord University and West Virginia State University are among state universities that have voiced their opposition to campus carry.

The bill is expected to be considered in the House Judiciary Committee Wednesday afternoon for more debate.

Update

After more than two hours of emotional debate and testimony in the House Judiciary Committee, Senate Bill 10, the Campus Self-Defense Act was sent to the house floor with the recommendation that it do pass.

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