From the Well | April 27, 2022

April 27, 2022

Special Session, Interims, and More

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At the center of the West Virginia state Capitol is an area known as The Well.

It is the informal gathering place for lobbyists, reporters, constituents and lawmakers.

Centrally situated between the chambers of the House of Delegates and Senate,

The Well is where information is often shared, alliances are formed, and deals are made.

During their presentation Tuesday evening to the Legislature’s Joint Committee on Energy, Eric Vir of Pillar Energy LLC and Jim Crews of Marathon Petroleum discussed the positive impact of natural gas for West Virginia and the United States.

The two discussed current and future pricing projections, the critical state of natural gas pipeline infrastructure, and the natural gas market as a whole.

They emphasized producers in the Appalachian region are producing more than 35 billion cubic feet of gas per day. They highlighted how that amount could be greater if not for a bottleneck resulting from inadequate pipeline infrastructure. The bottleneck has allowed the Permian and Haynesville regions to close the production gap on Appalachia.

Mr. Vir and Mr. Crews Eric also discussed how Texas has been much more active in moving its gas compared to producers in Appalachia. They said the Appalachian region’s output is flat because of federal government regulations and restrictions.

They also touched on how blocking pipeline construction is slowing the largest green initiative in the world. With the events in Europe and Asia, it has become imperative the United States focus on its ability to supply Europe with the natural gas it needs, they said. U.S. liquified natural gas (LNG) production could grow six times the current pace if the current administration would relax its restrictions. LNG is seen as a clean energy source.

The eye-opening take away from the presentation is the federal government needs to commit to remove barriers and allow the natural gas industry to supply the world from the 1,800 trillion cubic feet of reserves in the country’s eastern and central regions.

The Legislative Oversight Commission on Health and Human Resources Accountability met Tuesday afternoon to hear presentations from past and present state officials on the history and structure of the Department of Health and Human Resources.

Charlie Roskovensky, Chief Counsel for the House Committee on Health and Human Resources, detailed past legislative efforts to reform and restructure the department leading up to Governor Jim Justice’s veto on March 30 of House Bill 4020, which would have split the department into two agencies.

Current DHHR Secretary Bill Crouch presented an overview of the six bureaus that comprise the department. While acknowledging challenges, Crouch emphasized that “DHHR is not broken.”

Secretary Crouch recognized an increased need for services relating to mental health, particularly for teens and college students in the state. Legislators then asked several questions related to the more than 800 vacancies within the agency.

Don Purdue, former Chairman of the House of Delegates Health Committee and longtime advocate of splitting the department, gave compelling personal and professional context to his position. He urged lawmakers not to settle for the status quo, which has failed many West Virginians.

The state is accepting bids from companies to analyze and audit the department and to create a comprehensive report for lawmakers to consider before the end of the year.

West Virginia lawmakers passed a bill Tuesday to establish an economic development fund. They wrapped up a special session that lasted a little more than a day.

After debate of more than an hour Tuesday morning, members of the House of Delegates passed the bill 76-6 with 18 absences. The bill had already passed the state Senate 33-0.

Senate Bill 2001 establishes a fund for infrastructure and economic development projects. Officials have proposed putting as much as $600 million in the fund at the end of this fiscal year.

Governor Jim Justice vetoed the bill a few weeks ago because of technical flaws.

Click here to read more from WVMetroNews.

Citing factors related and unrelated to the pandemic, the Chief Financial Officer and Interim Director of the West Virginia Public Employees Insurance Agency said Sunday that the agency experienced a difficult year because of high claims costs and shortfalls of $41 million in the state fund and $9 million in the non-state fund.

Speaking to the Select Committee on PEIA, Seniors and Long-Term Care Committee during the first 2022 Interim Session, Jason Haught presented an extensive and detailed picture of the health of the program using the most recent quarterly report.

Mr. Haught, however, noted a “historic occurrence” — the Other Post Employments Benefits is nearly fully funded.

Focusing on prescription drug costs, Mr. Haught said chronic preventive maintenance drugs to treat conditions like diabetes, cardiovascular disease, and neurological disorders accounted for 10.36% of the cost of the 2 million claims that CVS Caremark processed for PEIA. Specialty drugs used in the treatment of cancer were also a leading expense.

Delegate Ken Reed of Berkeley County, a pharmacist, asked questions about the classifications of specialty drugs and the regulation of Pharmacy Benefit Managers (PBMs), which are third-party administrators and intermediaries between insurance companies and pharmacies. Delegate Reed pressed Mr. Haught specifically about whether PBMs were actively being audited for compliance with drug rebates for customers.

With questions remaining, Chairman Matthew Rohrbach of Cabell County, a physician, asked for consent to take up the topic next month at the Interim Session in Morgantown.

Click here to read a report from WV Press News Sharing.

Gov. Jim Justice signed Senate Bill 181 on April 11, creating the West Virginia 988 mental health crisis system.

The bill originated in response to the National Suicide Hotline Designation Act of 2020, which designated the three-digit phone number 988 as the universal number for the National Suicide Prevention and Mental Health Crisis Hotline System.

During the legislative session, SB181 passed the West Virginia House and Senate without the dedicated funding mechanism recommended by advocates but with a commitment from the West Virginia Department of Health and Human Resources to fully fund the Lifeline Call Center.

The phone number 988 will be activated nationwide in July to provide quick access to the National Suicide Prevention Lifeline.

Click here to read more from Allegheny Mountain Radio.

Governor Jim Justice appointed Oceana native C. Haley Bunn to the West Virginia Supreme Court of Appeals, the Governor’s Office announced April 6.

She will fill the seat from which Justice Evan Jenkins resigned in February and serve the remainder of his unexpired term. Voters will fill the seat during the 2024 election.

One of nine applicants for the Supreme Court seat, Ms. Bunn is a descendant of West Virginia coal miners and a former federal prosecutor with trial and appellate experience, the Governor’s Office said.

She is an honors graduate of West Virginia University and the West Virginia University College of Law. She began her legal career in private practice at Steptoe & Johnson PLLC before serving seven years as a federal prosecutor. During her federal service, she prosecuted a series of public corruption cases in Mingo County that led to the convictions of four elected officials.

Click here and here to read more.

Gov. Jim Justice named his predecessor’s chief of staff on Tuesday to West Virginia’s new Intermediate Appeals Court.

The Governor selected Charles Lorensen for a term of six and one-half years. The term concludes Dec. 31, 2028.

Gov. Justice selected Lorensen following the withdrawal a month ago of Don Nickerson, a Wheeling attorney. After Nickerson withdrew, the Governor announced he would reopen the application process. A total of 19 people applied for the position.

The Senate confirmed the newly appointed judge Tuesday morning.

Click here to read more from WVMetroNews. Click here to read the news release from the Governor’s Office.

Two major health systems in West Virginia announced on March 31 their intent to form a single health care system.

CAMC Health Network and Morgantown-based Mon Health System will join under the umbrella of Vandalia Health, the systems announced.

“Combining the strengths and unique attributes of two established and well-regarded health systems advances the best interests of West Virginia patients and families whose lives and wellbeing depend upon our services,” CAMC Health President & CEO Dave Ramsey said.

Leadership for both systems said the merger will enhance ease of access and quality of medical care while expanding the scope and scale of care.

Click here to read more from WVMetroNews.

Thomas Health System needed a partner.

That’s the conclusion WVU Medicine President and CEO Albert Wright reached before his system and Thomas decided to join forces — first in a clinical and management agreement and then full membership in the WVU Medicine system.

The deal was announced April 20.

Wright said South Charleston-based Thomas Health, which includes Thomas Memorial Hospital in South Charleston and St. Francis Hospital in downtown Charleston, probably would face linking up with a for-profit hospital company from outside of West Virginia without the new agreement.

“That’s not best for Thomas Health,” Wright said during an appearance on WVMetroNews’ “Talkline.”

Click here to read more from WVMetroNews.

As West Virginia continues to transition the economy away from coal, many look to the future. Paul Ziemkiewicz, a researcher at West Virginia University, is looking at rare earth metals.

Rare earth metals are necessary components of many things that make our lives better: cell phones, computers, and other high-tech gadgets. The West Virginia Legislature this past session considered legislation intended to support in-state development of the minerals.

“You can make a very small magnet out of a rare earth that will have the same power as a very large iron magnet. So you can miniaturize things you couldn’t miniaturize before You can’t walk around with a five pound magnet in your cell phone, but you can get away with that neodiminutive magnet right now,” Ziemkiewicz said.

Click here to read more.

U.S. Senate Energy Chairman Joe Manchin kicked off a committee hearing April 7 by saying the United States needs a push to produce the kind of critical minerals that are key elements of modern technology like lithium batteries.

Rare earth elements are a key component of electronics, aerospace, automotive, and other products, particularly rechargeable batteries. China is the dominant producer, and the rest of the world is trying to catch up.

Manchin and other members of the U.S. Energy and Natural Resources said the United States must compete more aggressively. They spoke at a hearing on the scope and scale of critical mineral demand.

Click here to read more from WVMetroNews.

Interim Meetings Schedule

·    May 22-24 (Morgantown/West Virginia University)

·    June 12-14

·    July 24-26

·    Sept. 11-13

·    Nov. 13-15 (Cacapon State Park/Berkeley Springs)

·    Dec. 5-6

·    Jan. 8-10, 2023

Hartman Harman Cosco, Public Policy Strategists, LLC, (H2C) is a strategically assembled bipartisan lobbying firm comprised of legal, communications and policy professionals. H2C possesses the insight and intuition that only comes from decades of hands on experience leading community and statewide initiatives.