From the Well | February 15, 2024

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86th West Virginia Legislature

State Capitol

February 15, 2024

West Virginia News Headlines

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VFD WORKERS’ COMPENSATION: The House Fire Departments and Emergency Medical Services Committee adopted legislation that amends two sections of law relating to the state Auditor’s Office and the Fire Commission that involve workers’ compensation.

FIRE FEES: The Senate Government Organization Committee passed legislation that amends a section of code to authorize the State Fire Marshal to promulgate emergency rules relating to fees for services the Fire Marshal is required to perform by statute.

FOSTER RECORDS: The House Committee on Senior, Children and Family Issues passed House Bill 5609, which relates to the confidentiality of child-care records in the foster-care system.

RANKED-CHOICE VOTING: The Senate Government Organization Committee recommended Senate passage of legislation that prohibits ranked-choice voting in any election in West Virginia.

ELECTION PROTECTION: The Senate Judiciary Committee passed legislation to provide protections for election officials and workers.

ALTERNATIVE FUEL: The Senate Finance Committee approved Senate Bill 683, which amends the definition of alternative fuel under West Virginia’s motor fuel excise tax act.

MEDICAID: The House Health and Human Resources Committee adopted an originating bill that expands capitation review of designated Medicaid services and make the reviews on a biennial rather than annual basis.

HEALTH PROFESSIONALS: The House Health and Human Resources Committee adopted legislation that establishes the Pathway to a Career in Medicine Program.

VACCINES: The House Health and Human Resources Committee a bill that amends existing code and allows licensed physicians to offer to persons ages 50 or older an influenza immunization prior to discharge.

PTSD DIAGNOSIS: The House Health and Human Resources Committee adopted House Bill 4698, which expands the professionals who may diagnose post-traumatic stress disorder.

To create the Rural Area Department Volunteer Incentive Act of 2024

The bill, as introduced, deleted statutory language that authorizes the state Fire Commission to “establish or continue a pilot project program which implements changes to standards imposed on volunteer firefighting that address problems facing volunteer fire departments in the state, including issues related to training, recruitment, and retention.”

Vice Chair Clay Riley of Harrison County, following discussion regarding the bill, said the Resolution would encompass new language included in the introduced HB5015:

“Beginning on July 1, 2024, the State Fire Commission shall begin a systematic review of its rules for Volunteer Firefighters’ Training, Equipment and Operating Standards and for Certification And Evaluation Of Local Fire Departments with the goal of removing or adjusting those portions of the rules which place an undue burden on rural area fire department volunteer firefighters, including issues related to training, recruitment, and retention, based on the rural character and level of development of the response area for a volunteer fire department. The commission shall complete its review by April 30, 2025, and propose revised rules for legislative review … in time for the 2025 cycle of review by the Legislative Rulemaking and Review Committee of the Legislature.”

Based on Committee discussions, members thought the bill, as written, “was too fast, open to litigation issues,” said Delegate Scott Heckert of Wood County.

Delegate Joe Statler of Monongalia County said VFD issues must be viewed within contexts of communities.

“There may be 40,000 different answers. It is a different need out there. We don’t have all the pieces of the puzzle,” he said.

Given the brief discussion, Committee members have specific concerns about recruitment, retention, and possibly “lowering” of standards in achieving both objectives — the basis of Delegate Heckert’s statement.

To quantify fair workman compensation rates and more equitable method of tracking/billing for various classifications within volunteer fire departments and emergency rescue personnel

Both entities are directed to review workers’ compensation matters, ensuring “to the best extent possible, the (Auditor and Fire Commission) shall quantify and ensure fair workers’ compensation rates and develop a more equitable method of tracking and billing for the various classifications within volunteer fire departments and emergency rescue personnel.”

It appears the reviews are based on a 2015 statute.

Authorizing State Fire Marshal to promulgate emergency rules relating to increased fees

The bill will be reported to the full body with the recommendation that it passes.

SB738 notes that fees have not increased in almost 20 years, making it difficult to provide mandated services. The emergency authorization would allow the fees to be implemented earlier, by April of this year, rather than having to go through the regular legislative rulemaking procedure, which would delay implementation until April 2025.

Relating to confidentiality of child care records and the Foster Care Ombudsman

The bill will be reported to the full House with the recommendation that it passes, but it first will be referred to the Judiciary Committee.

The legislation amends existing code to clarify that the Department of Human Services may provide the foster-care ombudsman information on child abuse and neglect proceedings, including the identity of the person who made the report of abuse or neglect.

The Committee adopted an amendment to remove redundant language from the bill.

Prohibiting ranked-choice voting

The bill first would be referred to the Committee on the Judiciary under the original double Committee reference.

Ranked-choice voting, also known as instant-runoff voting, is a method of casting and tabulating votes where voters rank candidates in order of preference. The tabulation then proceeds in rounds, electing candidates or eliminating the last-place candidate until one candidate receives a majority.

Several states allow it by locality, while states like Florida, Idaho, Montana, South Dakota, and Tennessee prohibit it.

Defining protections for election officials and election workers

An article written in 1963 entitled “Disorder at Polls” is now titled “Preventing

or obstructing election activities.” The bill establishes several offenses, including the offense of preventing or attempting to prevent an election officer, election worker, or other person assisting in holding the election, counting votes, or certifying and returning election results from discharging his or her duties.

Other offenses include obstructing the holding of an election, preventing a voter from exercising his or her right to vote, and preventing an election official or worker from entering or exiting polling place.

David Cook, Chief Counsel for the Secretary of State, said he couldn’t find any past convictions for those offenses in West Virginia, but other states are passing similar laws.

A representative for the West Virginia County Clerks’ Association told the Committee that, unfortunately, the lack of civility and instances of hostility make the bill necessary for election workers.

Amending definition of ‘alternative fuel’ under motor fuel excise tax

The Committee will report the bill to the full Senate with a recommendation that it passes.

SB683 removes hydrogen fuel from the definition of alternative fuel.

Alternative fuel currently is defined as combustible gases or liquids used or suitable for use as a motor fuel in an internal combustion engine.

Extending capitation reviews for Medicaid

The Committee adopted an amendment to make the reviews on a biennial rather than annual basis.

Capitation is defined as a “A way of paying health care providers or organizations in which they receive a predictable, upfront, set amount of money to cover the predicted cost of all or some of the health care services for a specific patient over a certain period of time.”

As stated in §16-5W-4: “The Bureau of Medicaid Services shall conduct an annual study reviewing the adequacy and appropriateness of the reimbursement rates to providers in the IDDW Program. The bureau shall also include a recommendation for any adjustment deemed appropriate, including, but not limited to, annual inflationary costs, costs arising from amendments to existing contracts, costs relating to recruiting and retaining personnel, and any other costs necessitating additional payments to IDDW providers. The bureau may require, and contracted providers shall provide financial data to the bureau to assist in the study. Without limiting the generality of the foregoing in conducting this study, the bureau shall review and compare equivalent programs both in and out of state in order to determine appropriate rates.

“Upon completion of the study, BMS shall provide the report to the Joint Committee of Finance beginning July 1, 2024, and annually thereafter, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations.”

As explained by Committee Counsel, the expanded review would include situations in which intellectual disability and other disabilities are present.

Other expanded review areas include traumatic brain injury (TBI) and personal care services, which relate to an in-home care program for West Virginia Medicaid members who may need help with their activities of daily living.

Bills typically originate in Committees after the deadline to introduce a bill in the Senate or House.

Relating to allowing influenza immunizations to be offered to patients and residents of specified facilities

on a voluntary basis based upon recommendations of the Centers for Disease Control

Current law states age 60.

The flu shot would be offered from October 1 to March 1 of the calendar years.

Additionally, as stated in existing law, immunizations may not be offered in cases where the flu shot is contraindicated.

The immunization is subject to availability for “sufficient influenza immunizations, “and the statute cannot be “construed to require an influenza immunization as a condition of receiving any type of service or as a condition of discharge.”

Creating the Pathway for a Career in Medicine Program

HB5347 includes a legislative finding that West Virginia has a shortage of qualified medical personnel. The Legislature further finds the shortage is particularly harmful in the areas of emergency medical services (EMS) or emergency medical technician (EMT), registered nurses (RN), and nurse practitioners (NP). Accordingly, the Legislature finds that it would be in the best interests of the state of West Virginia to create the Pathway for a Career in Medicine Program.

The legislation, to meet the shortage of qualified medical personnel, establishes “pathways to advancement in the medical field.”

Pathways include:

·    After three years of serving in EMS or as an EMT, a person shall become eligible to begin study as a certified paramedic with the costs being borne by the state of West Virginia;

·    After obtaining the certified paramedic certification, if that person serves as a certified paramedic for a period of five years, he or she shall become eligible to begin study as an RN with the state paying the costs;

·    After obtaining licensure as an RN, a person who serves is a registered nurse for 10 years shall become eligible to begin study as an nurse practitioner with the state bearing the costs.

The program is to be operational July 1, 2024.

Relating to who may diagnose post-traumatic stress disorder as a compensable injury or disease under workers’ compensation

In addition to licensed psychiatrists, licensed psychologists, licensed professional counselors, licensed marriage and family therapists, or licensed social worker, HB4698 was amended to include licensed mental health nurse practitioners.

The bill also was amended to remove references to professionals holding terminal degrees.

Licensed mental health providers, for purposes of the legislation, must hold a master’s degree or higher degree in their profession.

A final bill provision states, “The amendments made to this section during the 2021 regular session of the Legislature to recognize post-traumatic stress disorder as a compensable injury subject to the provisions of this section shall expire on July 1, 2026, unless extended by the Legislature.”

41st Day: February 19, 2024 — Last day to introduce bills in the Senate. Senate Rule 14 does not apply to originating or supplementary appropriation bills and does not apply to Senate or House resolutions or concurrent resolutions

47th Day: February 25, 2024 — Bills due out of committees in house of origin to ensure three full days for readings

50th Day: February 28, 2024 — Last day to consider bill on third reading in house of origin; does not include budget or supplementary appropriation bills

60th Day: March 9, 2024 — Adjournment at midnight