The Legislative Oversight Commission on Health and Human Resources Accountability met this afternoon for its December Interim meeting.

First, the commission heard from Aetna, which has been working with the state for four years and is on its second contract series. Aetna operates on size pillars: (1) individualized care to meet the needs of children and families, (2) building community capacity with high quality of community-based services, (3) right level, right time, and the right length of time of care received, (4) shifting mindsets, (5) bring together a culture of collaboration, and (6) a meaningful exchange of information. Aetna has a three-tier care management system: intensive, supportive, and population health. Intensive CM is for members receiving care in facilities. Supportive is for members who have monthly check-ins. Population Health is for members who are adopted or in kinship care and doing well so they do not need oversight; they receive a check-in at 90 days.

Access to pediatric psychiatry is critical in community care. There is a $1.5 million innovative collaboration between Community Care of WV and Aetna Better Health of WV. The number of children with serious emotional disorder waivers has tripled each year since the inception of the waiver. A CSEDW Trainer has been added and there are now CSEDW Services in schools. Success stories are being seen in local communities. However, more CSED providers are needed in the state.

Aetna works with key partner focus groups to meet the needs of members. The five focus groups mentioned include Member Advisory Council, Socially Necessary Services Focus Group, Residential Treatment Facility Focus Group, Grand Families Group, and Governance Council.

Aetna is also working with a statewide foster care recruitment campaign.

Next, the commission heard an update on the transition of DHHR, Shared Administration.

First, it was noted that between November 1, 2022, and October 31, 2023, the department identified 133 employees who became eligible for retirement. Of those, 26 left within six months of becoming eligible. This is concerning because, within the next five years, a large percentage of employees will be eligible to retire.

The Office of Shared Administration will include the Office of Finance, the Office of Human Resources Management, the Office of Constituents, the Office of Communications, the Office of Operations, the Office of Information Services, and a Liaison to Boards and Commissions.

The Department will be hosting a round table discussion with directors on December 15, 2023, to go into more detail on how the Office of Share Administration will operate.

Next, the commission heard a review of preliminary findings and recommendations from the Recovery Residence Taskforce. Recommendations include:

• State law to designate an existing agency to convene a group that will investigate and procedure recovery residence crimes;
• Designate an agency to assess fines listed in statute;
• Amend the code to allow for new recovery residences to receive state funding in areas where there are gaps in the continuum of care;
• Mandate the use of an outcome-tracking system for all certified recovery residences;
• Create reentry housing infrastructure;
• Life and safety requirements consistent with applicable state and federal law for uncertified recovery residences; and
• Statewide recovery residence registry

The commission heard a review of costs and rates for Intellectual/Development Disabilities Services. The project overview includes:

• Engaged stakeholders to identify concerns with service delivery and/or reimbursement rates
• Created a project-specific webpage
• Developed a cost report to capture provider wage and service provision costs
• Analyzed data from provider cost reports
• Designed services-specific rate models and developed associated rates

Lastly, the commission moved to introduce the four bills listed in the 2024 regular session. Those bills include the renaming of DHHR, reorganization of the Office of Inspector General, removing extended managed care in foster care, and expanding the powers of LOCHHRA.

The presidents of Mountaineer Gas and West Virginia American Water addressed members of the interim committee Monday morning, regarding a water line break on Nov. 10 that sent thousands of gallons of water through 46 miles of Mountaineer Gas’ distribution system and caused gas service to be disrupted for roughly 1,500 customers on Charleston’s West Side for up to two weeks.

The outage caused damage to multiple customers’ appliances, including stoves and furnaces among others. David Lokant, President of Mountaineer Gas, says his company has worked to replace the appliances for all the customers that were impacted.

Lawmakers were attempting to find out how and why the break occurred. Many of their questions remain unanswered.

Both West Virginia American Water President Robert Burton and Lokant said their monitoring systems showed no signs of problems, with Burton mentioning that the line that broke did not register on their leak monitoring system and that it had been checked just hours before the break that was reported at roughly 1:50 p.m. in Nov. 10.

“Those are the facts that West Virginia American Water knows,” Burton said.

Lokant mentioned that Mountaineer Gas completed a required three-year leak survey that included the West Side in October of 2023. No leaks were found at that time.

Burton told the committee that the break happened in an 8-inch water main along Madison Street on Charleston’s West Side. He noted that the line was installed in 1989, making it a relatively young line according to industry standards. Burton said the main was in good condition with no history of leaks, repairs or customer complaints dating back to the most recent records the company has that date to 2009. Burton indicated that the life expectancy of that type of line is 80 to 100 years.

West Virginia American Water received its first call of a problem at 1:50 p.m. on Nov. 10. It confirmed the leak and had a crew on scene to make repairs by 5:30 p.m. Repairs were made and completed by 4 a.m on Nov. 11 according to Burton and then Mountaineer Gas crews arrived to repair its line. The hole was backfilled and has since been covered with concrete.

Lokant said Mountaineer Gas began receiving calls by the evening of Nov. 10 from its customers about not having gas service. He said the first call came from Papa John’s on Patrick Street. He noted Mountaineer Gas doesn’t have an emergency alert system like some other utilities so their workers began going door to door to see who was impacted.

“We did not know how far the water would have traveled. Then we had to start scouring the areas and that’s where we had to go house to house to see how far–when we pulled a meter was there gas or not,” Lokant said. “We found water everywhere.”

Both Burton and Lokant said their companies will continue to cooperate with a state Public Service Commission general investigation, which is in its early stages. Both utilities have been asked to provide detailed information as part of the probe.

Burton said more than 200 customers have inquired about WVAM’s offering of paying up to $2,000 in damages from the gas outage. He said 26 checks have been written for an average of $1,600.

“These payments are prompt, not reduced by the fees of plaintiffs’ lawyers and reasonable,” Burton said. “The claims are related to a gas outage not to a water outage and we are asking customers for partial release of the claims we are addressing.”

Lokant said 1,500 of the company’s 2,100 customers on the West Side were impacted by water through their gas lines. He said the company is still attempting to make contact with roughly 40 customers who they haven’t been able to catch at home. Lokant also noted Mountaineer Gas is currently contracting with 30 HVAC and plumbing crews to finish appliance repairs and replacements for approximately 125 customers. The company has also given a $75 credit on the latest gas bill of each of its customers in the impacted area.

Delegate Mike Pushkin, (D-Kanawha, 54) who lives on the West Side and had damage from the outage, was glad to hear from both Presidents but believes he still has more questions than answers with regard to how this happened.

“I think we have a long way to go to get to the bottom of this but I think this was an important first step,” Pushkin said. “It’s important to answer questions from elected representatives of the people.”

He added he still has questions as to why it took Mountaineer Gas so long to alert its customers, noting that if customers are late on a payment, they are alerted quickly.

There have been at least two class-action lawsuits filed in connection with the outage.

“We all know there’s a class-action suit. Both of these utilities are going to be in court. I believe they are suing each other,” Puskin said. “A lot more information is going to come out.”

The Joint Committee on Children and Families met this morning.

First, the committee heard about efforts to end childhood hunger in the state. In West Virginia, 1 in 8 people are struggling with hunger. The state is ranked 7th in food insecurity with 14.3 percent of the population being food insecure. It is a critical public health issue. Food banks play a significant role in combating hunger. Mobile pantries are conducted weekly. The 5-6 mobile pantries serve 100 to 600 families per event. Fresh foods, proteins, dairy, and shelf-stable meals are the focus of these pantries. The Mountaineer Food Bank has partnered with Baylor University for the Extra Mile Program which is a pilot program in Mercer County. It is now moving to Clay County. It allows for DoorDash to be utilized for food pantries. Backpack Food Programs provide students with food for weekends and breaks. Foodbanks partnered with the WV Department of Agriculture and the USDA to receive funding to purchase apples from orchids that were struggling with sales and provided apples to food banks across the state.

The committee heard a presentation on the cap in childcare centers in the state and the effects on manufacturers. Childcare is a business issue. Businesses providing childcare or assistance with childcare can improve employee focus, improve retention and recruitment, help with the work-life balance, reduce absenteeism, improve morale and loyalty, and have a more diverse workforce. It is especially important in manufacturing jobs, as many of the jobs are rotating shift work. With limited and expensive childcare options, it can be difficult for parents to maintain careers in manufacturing. In a state with a declining workforce, it requires everyone who can work to work. Several states have partnered with agencies for childcare. Programs looking at availability, location, and cost are needed. Tax credits for building new childcare facilities are great. Some states offer matching grants for the cost of daycares.

Toyota has on-site childcare development centers in Kentucky and Indiana. The size of the centers is important, as it needs to be large enough to meet the needs of the employees. Toyota also has two facilities in construction and two facilities in the process of starting construction. One of the facilities in the process is in West Virginia. It is a NEAR site childcare development center. It will serve 100 children and will be 24-hour center. The target for opening is the end of 2024.

Lastly, the committee heard about a project-based learning academy called Star Academy. The program was created to re-engage at-risk middle school students. It’s a four-pillar modern approach with a focus on a project-based core curriculum, an accelerated model, a multi-modal approach, and an environment. The academy is a school within a school. Each academy is 80 students with 20 students per core class. Students work in small groups to work on soft skills. Students can complete two grade levels in one school year. Modules are hands-on and facilitator-led. Being a school in a school, students can have lunch and participate in extracurriculars with their peers.

The curriculum is customized to state and local standards, careers, and businesses available to students, and district goals. The Academy has a library of 100+ career-aligned modules. Star Academy has a three-pronged partnership with unlimited professional development, educational support specialists, and personalized PR plans.

Star Academy has 20 years of data backed success. In several states, the Academy has increased graduation rates, reading fluency, and retention while decreasing absenteeism and discipline referrals. The cost is $1 million for three years. The funding source would determine who implements the program.

Melissa Roberts, executive director of the American Flood Coalition, addressed the Joint Legislative Committee on Flooding on Sunday to begin the Legislature’s December interim meetings.

She told member that there is more federal funding available for flood mitigation than ever before, with matching money in the billions of dollars.

“Often $1 of state investment put up can bring down anywhere from $5 to $7 to $9 of federal investment,” Roberts said. “We’re also seeing that some states that have had a head start like Texas, and Florida and Louisiana, are really getting an outsized share. But this opportunity still exists.”

West Virginia State Resiliency Officer Bob Martin informed members that he has several projects planned to seize the grant opportunity, but that his office is challenged with organizational bureaucracy hurdles to apply for grants and federal funds.

“Currently, we can’t, partly because most of the federal dollars right now are going to other agencies,” Martin said. “There are grants out there for economic development and some of them have to do with resiliency and have to do with flood mitigation, have to do with storm water, and those are integrated into those programs.”

Martin believes it is the office’s duty to get that federal money for state projects and put the money to work. He said he’s working with several agencies, with grant writers and legal teams, to obtain grants and federal funds.

Flood Committee members voted to help find solutions to the challenge and recommended grant assistant programs at Marshall University and West Virginia University that are available to help the Flood Resiliency Office.

Martin said that he believes by the end of 2024, if not sooner, his office will have the expertise and resources to go from an organizational phase to executing flood mitigation projects.

The Legislative Oversight Commission on Education Accountability met this afternoon.

The committee heard an update of the Free Application for Federal Student Aid (FAFSA) form. FAFSA forms must be completed to unlock federal aid and most state aid for secondary education. FAFSA used to be several pages long, and request information that was difficult to find, especially for students in foster care, living with grandparents, etc. The form has been simplified to a postcard-size form. Ultimately, parents and students will be able to import tax information into FAFSA. These new forms were supposed to be available in 2022, however, that did not happen. The date was then pushed to October 2023 and it’s still not available. By law, the federal government must have this form available by December 31, 2023. Usually, students are able to begin filling out FAFSA in October. No one knows exactly what the new FAFSA form will look like or request. In November, the HEPC hosted 9 FAFSA workshops and at each, a different form was reviewed. HEPC and CTCC expect students, parents, and counselors to have lots of questions about the new FAFSA for this first year. To help with this, there are 56 FAFSA workshops scheduled in January and February. State deadlines for financial aid are also being pushed back to compensate for the delay.

The 2023 Comprehensive Financial Aid Report was provided. A report on HB3035 implementation was also provided. New assessments will be taken this month or next month and data from those assessments is due by January 31. The State Department of Education has provided resources about the Third Grade Access Act online.   

A report on harassment, intimidation, and bullying revealed of the 156,235 discipline referrals this year, 2.4 percent were harassment intimidation, and bullying referrals. The grade with the most referrals was 7th grade, with grades 6th through 8th accounting for 7 of every 10 referrals. Most referrals were for a single offense. However, students being referred for harassment, intimidation or bullying also had other types of discipline referrals. Black students were 2.5 times more likely to receive a referral and multiracial students were 1.5 times more likely to receive a referral.

Another report provided was on safety and security measures in schools. In WV, 299 schools do not have safe school entries. There are 90 schools that do not have numbers outside of doors, however, this number is expected to decrease. Weapon detection is at 54 schools. Full-time resource officers are at 107 schools and part-time resource officers are at 94 schools. There are 319 schools in need of resource officers.

The Legislative Oversight Commission on Regional Jail and Correction Facility Authority met today in Wheeling to hear a presentation about an interactive simulation program to raise awareness of the challenges of reentering society after incarceration. The simulations began in the South District of Alabama. Now, 42 states and Canada have implemented the simulations. The first simulation in West Virginia took place in 2016.

On an average day, the average person makes 35,000 decisions a day. On the same day, an incarcerated individual makes less than 100 decisions. When released from prison, it’s possible to experience sensory overload.

The simulation is an hour and a half experience representing the first week of a released person’s first week out of prison with each 15 minutes representing a day. There are several places an individual must go or things they must do including probation, court, career center, work, bank, counseling/treatment, ID Station, Social Services, Food Bank, Transportation, Rent, Church, hospital, and pawn shop. The standard setup is 13 stations but can be tailored to the state.

Each participant gets a life card with the identity of a formerly incarcerated person. The card gives a description of your identity, what you have, and what you must do to remain out of jail. Packets include money, if the individual had a job in prison, valuable items the individual has (i.e. tools & jewelry), transportation tickets, and identification, if available. The identities are of various levels of education, employment, living situations, etc. In the simulation, transportation tickets can be purchased for $1, and plasma can be donated twice a week. If the donation is completed, an individual can receive $25. If an individual has items, the pawn shop can be visited to receive money in exchange for items.

The Life Card used in the simulation tells participants each place they must go in the first week and the expenses they must pay. Participants “complete” a urine analysis by drawing cards, which say positive or negative. The simulation also has a wild card, which can be given to any participant. The wild card represents things you aren’t expecting to happen. It’s the curveball life can throw at any moment. Examples included the babysitter canceling and you couldn’t get to work, you got a speeding ticket, friends got into a fight while you were around and the cops were called, or you got money from a family member. Wild cards can be good or bad.

In the simulations, they have a mock jail, a halfway house, and a chance option. Chance cards are for when participants feel like their back is against the wall and they have no choice by to commit a crime, which is a reality of being out of jail. The chance card represents a robbery or drug deal to get money. Sometimes a participant can get away with it or get caught.

The goal of this simulation is for individuals to understand what a person reentering society goes through during the first week. There are a lot of obstacles and barriers for individuals reentering. The simulation has been done within prisons to help prepare inmates for release. This allows them to understand what they will need to do when released and allows them to prepare before release.

West Virginia’s recidivism rate is 29.3 within 3 years of release.

Legislators learned on Monday afternoon that state auditors have concluded that the West Virginia Department of Education can’t adequately monitor how local school systems use federal emergency relief dollars, resulting in greater risk of fraud, waste and abuse.

Members of the Joint Standing Committee on Government Organization received a report from the Legislature’s Performance Evaluation and Research Division (PERD) regarding the spending of federal dollars made available between 2020 and 2021 during the COVID-19 pandemic for county schools.

Legislative auditors found numerous issues with how county public schools spent millions in available COVID-19 dollars, including alleged misuse, counties doing business with vendors not registered in West Virginia, and an inability by the state Department of Education to adequately monitor misuse of COVID dollars.

A federal investigation is actively underway over misspending of federal pandemic relief funds in Upshur County, which led to the state Board of Education taking control of that school system over the summer.

The state board also took control of Logan County due to issues of non-compliance, including lack of oversight with spending. The Logan malfeasance was referenced in the latest findings, with auditors noting that a single person had been assigned to monitor the full extent of the county’s pandemic relief spending.

The latest report shows that these issues go far beyond those two counties.

Beginning in March 2020, the state Department of Education received more than $1.2 billion in federal relief funds for elementary and secondary schools. Most of that was distributed to local school systems to support areas affected by the covid-19 pandemic.

According to a review by the Department of Education’s Office of Federal Programs (OPF), 37 counties out of 54 monitored were found to be non-compliant for not following proper purchasing procedures, spending money on unallowable expenses, or exceeding indirect cost rates. As a result, more than $457,000 has been recovered from counties from the Department of Education.

After that revelation, the state auditors reported, no risk assessment was performed by the state education department to determine if more staff should be hired to maintain adequate oversight.

PERD staff recommended that the Department of Education increase its monitoring and internal control capacity in OFP, including using available ARPA dollars to hire temporary staff to assist in monitoring.

Stunned lawmakers tried to get a sense of if the misspending was intentional or a case of staff simply not knowing what to do in the face of an unprecedented pandemic.

Melanie Purkey, executive director for federal programs at the West Virginia Department of Education, blamed the chaos in the early days of the COVID-19 pandemic for driving bad spending decisions, coupled with county boards receiving more funds later on than the they were accustomed to.

“I think school systems were in a panic.” Purkey said. “If we found a vendor who could supply this, we’re going to buy it because people all over the country were having trouble buying masks, hand sanitizer, even computers.”

The Joint Finance Committee met on November 13, 2023, in Wheeling for its interim meeting.

The Committee heard from the Department of Revenue. The State’s revenue and debt has been reviewed by rating agencies. The feedback was positive with a rainy-day fund of $1.2 billion, an almost fully funded public employee retirement system, and the teacher’s retirement system being funded at almost 75 percent. The state’s workers’ comp debt is retired with the account having a balance of $7 million.

The rating agencies are interested in the state’s income tax reduction plan, economic development achievements, and tourism achievements. The state’s economy is diversifying. Currently, only 2.9 percent of WV’s economy is coal and timber; meaning over 90 percent of the state’s economy comes from other drivers.

The City Manager of Weirton presented on the area’s economic development. Economically, Weirton is doing well. He called Weirton the Holy trinity of logistics: road, river, and rail.

Three Springs Drive, an area that was previously a closed K-Mart and Walmart, has seen development and business expansion. The area brought in national and regional chains, as well as local suppliers. Forty new businesses have moved to Three Springs Drive, including coffee shops, restaurants, dress shops, and tech companies.

The Park Drive Project Development is also underway in Weirton. Improvements to infrastructure, including utilities, paving, and a large community green space are attracting retail and residential development. There is a possibility of a conference center being developed on Park Drive.

The City Manager spoke of Weirton Steel, remembering when it was the state’s largest employer and how the company built the city. Weirton Steel went all over the world and when discussions of the plant closing began, the city struggled. Now, the Weirton Frontier Crossing development will be built on the site where Weirton Steel resided not so long ago. Form Energy’s development has started. A $750 million investment which is tied to 750 jobs. The plant is expected to begin operation in 2024. Annually, the plant is expected to contribute over $155 million to the state’s economy.

The Brooke County Commissioner spoke of investments in the area. In the last several years, 305 jobs have been created with a total of $138,814,597 being invested in area businesses from public and private investors. The Beach Bottom Industrial Park was abandoned in 2012. It is 120 acres of developable property. The county applied for grants to remediate the land. The former brownfield is now home to Jupiter Aluminum, BISCO Refractories, Pure Watercraft, and Tenaris.

Brooke County’s revenue is increasing, and its commission is making improvements to government properties. The County is developing a Judicial Center, a 911 Centralized Dispatch Center, a new EMS Station, and upgrading ambulances.

The final presenter spoke of Economic Developments across the state. He said when WV wins, we all win. Economic Momentum can be seen all across the state, including Wheeling Streetscape, WVU Medicine – Regional Cancer Center in Wheeling, Marshall University – West Liberty University Flight School Plans, Thirumalai Chemical Plants in Marshall County, Ohio Valley Industrial and Business Development Corporation, High Caliber Shooting Range Experience at The Highlands, Nucor in Mason, and Form Energy in Weirton.

Ben Beakes, executive director of of the West Virginia Association of Health Plans addressed members of the Legislature’s Joint Committee on Health Sunday afternoon during traveling interim meetings in Wheeling, WV. Interim meetings in the northern panhandle city run through Tuesday afternoon.

Beakes told lawmakers that the number of Medicaid-approved beds available for drug treatment in the state has increased from 648 in July 2019, to 1,610 today. He also described how health plan providers currently want to choose which facilities they will reimburse for based on the care provided and the outcomes of those patients.

John Antal, director of clinical services for Orchard Park Hospital in Wheeling, and Jacquelyn Knight, hospital CEO, described their recently opened facility that provides inpatient acute psychiatric care to adolescents.

They informed the committee that since opening in late September, they have averaged roughly five youths a day at the facility, with as many as eight at one time. Those admitted are considered suicidal or homicidal, capable of harming themselves or others. Antal and Knight described the vital need to treat these youths early, before the mental health issues become extreme.

Dr. Dan Joseph, a Wheeling-area orthodontist, asked lawmakers to help patients who choose not to go to orthodontists for care, and who instead opt for clear aligners without the supervision of a professional. Joseph told lawmakers these people need at least one examination and set of X-rays before starting treatment or major dental issues could result.

Joseph described how these companies operate. There is an impression of a patient’s teeth taken at home with no consideration of oral health, often resulting in a myriad of complications, according to Joseph. He reported seeing teeth “pushed through the bone” as well as other dental problems. Joseph told lawmakers that the best orthodontic treatment comes from formulating a diagnosis, taking appropriate measurements and working in tandem with the patient’s dentist.

Joseph asked lawmakers to consider legislation requiring those desiring to use clear aligners to first have an in-office exam with an orthodontist to assess their oral health and give a diagnosis. These sessions are typically provided for free. It would be a simple screening to assess if the patient was a good candidate for clear aligners.

Joseph praised lawmakers for offering teledentisry and telemedicine, saying those programs have done great things for the citizens of West Virginia.