Health And Human Resources Committee Discusses PEIA

The Senate Committee on Health and Human Resources Thursday took up the issue of PEIA reform. PEIA is the insurer for thousands of public employees. It has come under increased scrutiny for paying more in reimbursements to out-of-state hospitals than to in-state facilities, including WVU Medicine Wheeling Hospital.

The Senate Committee on Health and Human Resources Thursday took up the issue of PEIA reform.

PEIA is the insurer for thousands of public employees. It has come under increased scrutiny for paying more in reimbursements to out-of-state hospitals than to in-state facilities, including WVU Medicine Wheeling Hospital.

The hospital in January announced plans to stop accepting the state’s public employees’ health insurance (PEIA) by July 1.

Senate Bill 268 would change the requirement that PEIA conduct public hearings in each congressional district. It also repeals two sections of code related to retiree premium subsidies prior to 2010 and removes a cap on autism services.

The plan sets a minimum of a 20 percent cost share for in-state benefits when applicable, and a minimum of a 30 percent cost share for out-of-state benefits when applicable. That essentially attempts to level out the amount set by insurers for out of state and for in state co-payments.

The plan states that the Public Employees Insurance Agency shall use a nationally accredited network to provide care to its out of state members to bring down costs through the benefit of a larger network.

Sen. Tom Tabuko, R-Kanawha, wanted to confirm that the bill would not affect payment for critical access hospitals.

“I just want to confirm here that critical access hospitals, a lot of smaller communities throughout West Virginia, obviously depend on those because without them they may be an hour and a half away from any type of care whatsoever, they exist because they can get a higher rate,” Tabuko said.

Committee counsel directed the senator to confirm the answer with the West Virginia Hospital Association.

The plan would provide a minimum level of 110 percent be established for all providers. 

The rate for hospitals would be set at 110 percent of the Medicare diagnosis related group covered by the state and non-state plans of the Medicare per diem per day rate applicable to critical access hospitals and exempts from rate setting a retiree health plan. 

The bill deletes the requirement that the governor to provide an estimate for each fiscal year based on the percentage of growth and general revenue funds.

During committee discussion Sen. Mike Maroney, R-Marshall, asked Jason Haught, interim director and chief financial officer for PEIA, about rates, specifically if hospitals are allowed to negotiate with the PEIA for inpatient rates, or not.

“You know, that term negotiation, I believe…,” Haught started to say.

“Ah you used it, you, you really used it,” Maroney interjected.

Haught continued, “And I believe that we do allow negotiation with our in-state providers. The one that we’re talking about right now was done in 2002 with the West Virginia Hospital Association, and PEIA and the Department of Health and Human Resources, Bureau of Medical Services. They all sat down, came up with this Medicaid swap reimbursement that pulled in additional money for the hospitals, and it just ran stale. It didn’t it needed to be re-discussed and updated, and it just didn’t occur.”

Maroney went on to ask Haught about the last time PEIA premiums were raised.

“For the state fund, I believe it was 2018 or 2019,” Haught said. “The non-state pool obviously had one last year.” 

The last time PEIA was allowed to negotiate prices on drug costs, for example, was 2002 when the interested parties came up with a plan that pulled in additional money for the hospitals. 

The committee ended with a motion to send Senate Bill 268 to the full Senate with recommendation it pass after going to the Committee on Finance. 

Justice Shares COVID-19 Update And Intentions To Ban Chinese Apps

Gov. Jim Justice reacted quickly to a letter requesting the ban of two social media apps from government devices.

Gov. Jim Justice reacted quickly to a letter requesting the ban of two social media apps from government devices.

During a COVID-19 press conference Tuesday morning, Justice announced he plans to submit a bill during the upcoming legislative session to ban all apps owned by the Chinese government from the state government.

“It’s important to keep in mind that TikTok is hardly the only threat that’s out there and millions and millions of cyber events are happening all the time and targeting all kinds of different states and everything,” Justice said.

Sen. Ryan Weld, R-Brooke, sent a letter to Justice Monday requesting a ban on downloading the Chinese-owned TikTok and WeChat apps to all state-issued cell phones, laptops and other devices.

Justice said his office has already banned the apps, but other state offices have not taken the same action.

State Chief Information Officer Josh Spence praised the move to ensure the state’s tech security in an ever-changing threat landscape.

“Taking it to the next step is the right move to ensure that as a state we move together and move forward to address this threat,” he said.

COVID-19 Update

Justice and state Coronavirus Czar Dr. Clay Marsh also discussed the impact of rising cases across the state.

As temperatures continue to drop, the state’s COVID-19 hospitalizations have continued to rise. There were 225 confirmed COVID-19 hospitalizations across the state Tuesday, the highest number since September.

“I also want to take just a second to wish everybody happy holidays and please be careful as we’re seeing not only COVID circulate and increased hospitalizations, but also influenza and RSV is still an issue as well,” Marsh said.

Banning TikTok App From State Issued Cell Phones Underway

West Virginia Sen. Ryan Weld, R-Brooke, sent a letter to Gov. Jim Justice, requesting a ban on downloading the Chinese owned TikTok and WeChat apps to all state issued cell phones, laptops and other devices.

This is a developing story and may be updated.

This story was updated Dec 19, 2022 at 3:34 p.m.

Citing concerns over a possible cybersecurity breach, West Virginia Sen. Ryan Weld, R-Brooke, sent a letter to Gov. Jim Justice, requesting a ban on downloading the Chinese-owned TikTok and WeChat apps to all state issued cell phones, laptops and other devices.

Before any word from Justice, State Auditor J.B. McCuskey, working with Weld, has issued his own departmental TikTok ban.

“That’s due to the fact that there are a significant amount of security concerns as a result of the companies that own those two apps,” Weld said. “Those two companies are owned by extremely large Chinese tech firms and there have been some concerns regarding the security of information collected by those apps.”

Weld, who is the chair of the Senate Military Committee and former Air Force intelligence officer, said the sites pose a threat of a cyber attack on both the nation and the state.

“Under Chinese law, the government has the authority to demand that those two companies give to them all the data that they’ve collected through the people that download and use those apps on their phones or tablets, whatever,” Weld said.

In a press release issued just after noon Monday, McKuskey mandated a TikTok ban on state government devices and all computer networks associated with the Auditor’s Office. The ban includes government issued devices used by WV Oasis, which is the central repository for all the state’s financial data, including payroll, and devices within the many departments of the State Auditor’s Office.

McKuskey said in the release that the Auditor’s Office functions as the chief information officer for the state. He said this move will serve to protect the state’s core financial infrastructure from intrusion by those who wish to harm us.

“I am so thankful to work with Senator Weld on this incredibly important initiative,” McCuskey said. “We have seen the threat that China and its government poses to our critical infrastructure and this move is a proactive approach to protect the taxpayers of West Virginia.”

In the release, McCuskey also said that he and Weld are preparing legislation that prohibits nations of concern from acquiring property through the West Virginia property tax sale process. He said there have already been instances where countries from this list, which includes Russia, China and North Korea, are harming American interests through this process.

Weld said 16 states and several federal agencies have already enacted a TikTok ban.

“A ban for the same federal level cell phones and other devices passed the U.S. Senate last week,” Weld said. “A number of federal agencies, the Department of State Department of Defense, Department of Homeland Security, as well as several federal contractors like Lockheed Martin, they’ve already banned their employees from having those apps on their phones.”

The federal TikTok phone ban has been supported by both the Trump and Biden administrations. Weld said the TikTok app has been downloaded more than 100 million times in the United States. There was no mention on the West Virginia level of banning TikTok on any private cell phones, laptops or other devices.

Late Monday afternoon, the Governor’s office responded to Weld’s request with this statement:
“The Governor understands and shares Senator Weld’s concerns as they relate to our state’s cybersecurity resiliency, and especially his concern of foreign influence. The good news is there are policies and procedures already in place which are designed to protect our state networks from cyber threats related to Chinese-owned TikTok and related apps. Josh Spence, our Chief Information Officer, and his team constantly monitor and implement cybersecurity policies and technical controls to mitigate cyber risk, protecting government-owned devices and the network as a whole. TikTok has already been blocked on state networks for many months, and the use of additional security controls further mitigates the risk. The Governor has confidence in his cybersecurity team to protect our state networks from cyber threats and to communicate best practices to cybersecurity teams across other branches of state and local government. It’s important to keep in mind that TikTok is hardly the only threat—there are millions of cyber events targeting the state from all over the world thwarted each year by our cybersecurity team.”

Treatment Court for Military Veterans Set to Debut in W.Va.

A court for military veterans and active service members is set to debut in West Virginia.

State Supreme Court justices are scheduled to be on hand for the launching of the program Wednesday at the Brooke County Courthouse in Wellsburg.

The court was part of a bill introduced during this year’s legislative session. A Supreme Court statement says that the court will be part of existing drug court programs.

Qualifying participants have to be charged with criminal offenses related to their military service, such as addiction or other mental health disorders. Treatments will be tailored to participants’ needs.

Brooke County Republican Sen. Ryan Weld is an attorney and a former assistant prosecutor. He says the court will offer rehabilitation instead of incarceration and give veterans the second chance they deserve.

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