The Joint Standing Judiciary Committee met on July 25, 2022 to hear a presentation on workload studies of West Virginia courts.

The Supreme Court of Appeals of West Virginia has contracted with the National Center for State Courts to perform three studies, two of which are Delphi studies and one that is a time and motion study. The Delphi studies take expert opinions from a panel of judges who process specific cases. They explain the time and work that goes into various types of cases. The Time and Motion Study requires judges to track all work, case and non-case related for one month. Then, weights are applied to various tasks. All tasks required to complete a case is added up. The more complex the case usually means a higher weight.

The Delphi Studies are studying workload for the magistrates and the family/circuit courts. These studies should be complete January 5, 2023. The Time and Motion study is on the family/circuit courts. The Supreme Court of Appeals plans to have it complete in July 2023.

These studies are being completed because of requests of the Legislature, as well as complaints from magistrates that the workload is too high. There have been issues in single magistrate districts when a judge must be recused from a case. Last year, there were about 585 recusals from magistrate, family, and circuit courts. If a judge in a single magistrate district is recused, it sets off an administrative chain to find a different magistrate and can cause the case to be moved.

Transportation Secretary Jimmy Wriston told the committee on Sunday afternoon that inflation continues to be a hindrance to road construction projects across West Virginia.

Specifically, Winston spoke of supply chain issues and the difficulty purchasing and maintaining vehicles and construction equipment amid 9.1 percent inflation in the last 12 months and a 1.3 percent increase in June alone.

Wriston noted that with those challenges, it has been impossible for state dollars to keep pace. The state ended the fiscal year roughly $72 million below projections for the state Road Fund. The fund comes from a mix of sources, including gasoline tax, licenses and registration fees and federal reimbursements.

Wriston pointed out that those revenue streams are down across the board, but the gasoline tax revenue has declined the most, amid soaring gas prices in recent months.

Jason Haught, PEIA interim director and chief financial officer, briefed the committee on the agency’s most recent finance board meeting as well as general topics, during Sunday afternoon’s interim meeting at the Capitol.

Haught explained to members that PEIA expenses continue to outpace current budgets. He noted that if nothing changes between now and the first quarter of next year, PEIA will need a 12 percent premium increase in 2024 for the non-state fund and a $56 million increase for the in-state fund. Haught noted that the $56 million would likely come from the PEIA rainy day fund.

Haught explained how, in the past, West Virginia and in-state providers have agreed to accept PEIA rates as a “reciprocal agreement to provide incentive for higher in-state carrier utilizations and savings to the taxpayer.”

According to Haught, PEIA reimburses out-of-state providers based upon the United Healthcare National Network Rate. All out of state care, with the exception of border counties, must have prior approval.

A PEIA member who seeks treatment out-of-state without prior approval is responsible for 30 percent of the cost, as opposed to 20 percent for in-state treatment.

Jim Kaufman, CEO of the West Virginia Hospital Association and Jody Ratliff, from Emergency Medical Services also spoke to the committee regarding PEIA rates.

The Joint Committee on Agriculture and Rural Development met on July 24, 2022 and heard a presentation on Veterinarian Technician Programs in the state.

Registered Veterinarian Technicians (Vet Tech) can do a lot of aspects of veterinarian services. They work to amplify the practice. There is a critical need for Vet Techs in the state. In West Virginia, there are 704 licensed veterinarians, but only 235 licensed veterinarian technicians. This is the equivalent of 1 nurse for every three doctors. The vet tech profession is expected to see 15 percent growth in the next 10 years. Vet techs make about $36,000 a year.

Veterinarians need well-trained Vet Techs to assist them in their practice. On average 90 students will go into a veterinarian program and only 20 will graduate. This leaves 70 individuals with an interest in the veterinarian field available to become a Vet Tech if they had the correct competencies.

In addition to private practice, vet techs can also work for the Department of Defense, the meat and poultry industry, state meat inspection, animal research facilities, the racing industry, and more.

Currently, there are 227 vet tech programs in the US and only 25 of them are 4-year bachelor’s programs. In WV, there are no bachelor’s programs. More than 90 percent of the vet tech curriculum is available at WVSU and WVU through other programs such as biology and animal care. It was suggested that students could take additional courses to meet all the competencies required to sit for the vet tech national exam. This is a cost-effective way to fill the gap in veterinarian care, prepare students for an open job market, and allow students to work through veterinarian school or other post-graduate programs.

To become a Vet Tech in WV, an individual must complete the needed competencies through coursework and take the jurisprudence exam to show an understanding of state veterinarian laws. If the individual was employed in another state, they must submit a letter from previous employers.

The Joint Commission on Economic Development met on July 24, 2022 and heard a presentation on the Small Business Development Center (SBDC).

The SBDC is a hybrid between state and federal governments. As such, it receives funding from both levels of government. The agency has 13 centers across the state and services all 55 counties. West Virginia has about 113,000 small businesses and 98 percent of WV businesses are considered small businesses by the Federal Government.

The agency received funding from the cares act, which has helped the agency better serve the state’s small businesses with cyber security and succession planning. To continue to do more and continue to put small businesses at the forefront of the state, more funding is needed.

The Legislative Oversight Commission on Health and Human Resources heard presentations from the Bureau of Behavioral Health, the Office of Drug Control, and the Office of Inspector General on June 14, 2022.

The BBH is the designated state authority for mental health and substance use disorder, as well as the lead agency for intellectual and developmental disabilities. There are 72 positions with eight vacancies. The agency’s budget is $227 million. Federal funding has increased by 1,200 percent in the last four years. BHH works with other agencies in DHHR; they have complementary roles.

The Office of Drug Control’s goal is to address substance use with early intervention, treatment, and recovery. The agency works with several other DHHR agencies to help with recovery. Successful treatment not only treats the substance use disorder but also the underlying mental health disorder that led to substance use.

The Office of Inspector General seeks to ensure the integrity of WV DHHR programs and operations. The OIG has several units that work within it. The Board of Review preserves the integrity of Department programs by providing due process to the appellant through impartial hearings and timely decisions. The Foster Care Ombudsman is an independent impartial and confidential resource that advocates for the rights of foster children and foster/kinship parents, investigates and resolves complaints, and makes recommendations for system reform. The Investigations and Fraud Management Unit conducts an investigation of internal matters at the direction of the inspector general as well as conducts investigations of suspected fraud and abuse within the programs the department administers. The Mental Health Ombudsmen assists all WV residents who are experiencing difficulties with behavioral health services. The Office of Health Facility Licensure and Certifications shape a healthy environment for clients, patients, and residents within health care facilities by promoting the quality services and high standards of care that exist when facilities follow state and federal regulations. The Olmstead Office assists all WV residents with disabilities by providing the opportunity to receive support and services in the most integrated setting in the community. Quality Control assures the integrity of the department programs through impartial evaluations of program determinations. The WV Clearance for Access: Registry & Employment Screening establishes efficient, effective, and economic procedures for conducting background checks on all prospective direct patient access employees of long-term care facilities and providers.

West Virginia retirees and their representatives urged lawmakers to consider a one-time supplement to provide financial relief for the state’s older population during a meeting of the Joint Standing Committee on Pensions and Retirement Tuesday morning.

AARP West Virginia State President Jane Marks told the committee that many retirees are struggling to pay for rising household and utility costs due to inflation, a situation made worse as they continue to recover from the health and financial impacts of the pandemic.

Marks and other speakers encouraged lawmakers to utilize the state’s estimated $400 million surplus (after nearly $800 million in already-approved surplus earmarks are subtracted) to provide a one-time supplement for certain state retirees living on fixed incomes.

Marks believes a cost of living adjustment for retirees would make more sense in the future given the state’s older population generally drives economic growth by spending a higher percentage of their income on the goods and services they need.

AARP reports the state’s 50-plus population accounted for 41 percent of West Virginia’s population, yet contributed 44 percent — or $37 billion — of the state’s total Gross Domestic Product, supporting 426,000 jobs and generating $22 billion in wages and salaries.

There are currently 250,000 AARP members in West Virginia.

Danny Gray, a retired teacher representing the West Virginia Association of Retired School Employees, told lawmakers prices are going up on everything, and he, and others like him, need help keeping up with necessities.

Gray explained that when he retired 20 years ago he didn’t take any medication. He now takes six prescriptions daily. He says his situation is not unique across West Virginia.

“In all of those years since I retired, I’ve never gotten a cost-of-living adjustment or any kind of increase, so the household budget becomes more strained with each passing year,”  Gray said.