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.

86th West Virginia Legislature

December Interim Meetings

State Capitol

Charleston

December 8-10, 2024

Newsletter Digest

FIRST FOUNDATION: The West Virginia First Foundation is prepared to award grants by the end of the year to communities that are seeking funds to battle the state’s drug crisis.

HEALTH COMPLIANCE: The Inspector General for the Departments of Health, Human Services, and Health Facilities has recommended systemic enhancements, better compliance, successful enforcement actions, and the recovery of misspent funds.

ABUSE CASES: The state Board of Risk and Insurance Management (BRIM) has seen an increase in recent years in sexual abuse and molestation cases.

SENATE LEADERSHIP: Senator Randy Smith of Tucker County is in line to be the next president of the West Virginia Senate.

AGENCY UPDATES: The Legislative Oversight Committee on Health and Human Resources Accountability heard several reports and updates.

DUAL CREDITS: A pilot program that awards both high school and higher learning credits saved $11.2 million in first-year tuition costs for students at participating state higher education institutions.

VFD FUNDS: Members of the Joint Committee on Volunteer Fire Departments and Emergency Medical Services expressed support for greater transparency in the way volunteer fire departments manage funds.

ENERGY PROFILE: West Virginia exports more “carbon- or thermal-based” energy and has less reliance on imported energy sources than neighboring Maryland or states in the region or nation, the Joint Standing Committee on Energy and Manufacturing learned.

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Dr. Loyd notes positive drug-related data

Dr. Loyd provided an historical overview of West Virginia’s opioid response plan, which was submitted in 2018 and focused on prevention, early intervention, treatment, overdose reversal, and supporting families affected by substance use disorder.

He shared positive statistics, including a 36% decrease in overdose deaths from January to May 2024 compared to the previous year, and attributed the progress to legislative action and community efforts in the state. Dr. Loyd delved into the specific prevention and early intervention efforts, such as the Opioid Reduction Act, which led to a 57% decrease in opioid prescriptions since 2018.

He also discussed the role of prevention lead organizations, public education resources, and the successful Jobs and Hope program, which helps individuals find employment and reinstate their driver’s licenses.

Addressing the topic of overdose reversal and supporting families, Dr. Loyd explained the distribution of overdose-reversal kits, the role of quick-response teams, and the importance of linking individuals to treatment within 72 hours of an overdose. He also emphasized the long-term impact of programs like Drug-Free Moms and Babies and home-visitation programs in reducing the risk of substance use disorder in future generations.

He discussed the importance of retaining individuals in long-term treatment, the potential for leveraging the judiciary to support treatment retention, and the need for integrated medical clinics that provide comprehensive care, including primary care and behavioral health services.

Dr. Loyd discussed the role of buprenorphine in the treatment of opioid use disorder. He said he would have recommended buprenorphine over methadone several years ago because it was a “much cleaner drug” that was easier to administer and had less stigma associated with it.

Dr. Loyd stated that professionals were able to get good control over their patients’ opioid use with buprenorphine. Buprenorphine has a “ceiling effect,” meaning that taking more of the drug does not produce additional effects, making it harder to overdose on. However, Dr. Loyd noted the situation changed with the rise of heroin and fentanyl use. He explained that as people’s tolerance to opioids increased as a result of the potency of these illicit drugs, buprenorphine became less effective at controlling cravings and preventing relapse/Dr. Loyd said he “couldn’t keep [his] patients alive” using buprenorphine alone because their tolerances had become so high. That led him to re-evaluate his stance and consider methadone as a more effective option despite its drawbacks..

He acknowledged that methadone is a “tough drug” with a long half-life and many drug interactions. However, Dr. Loyd said methadone, in the face of the fentanyl crisis, has become a necessary tool to keep people alive because it has shown a significant mortality prevention benefit compared to other treatment options.

First Foundation prepares for grant awards

Through settlements from lawsuits with opioid manufacturers and distributors, West Virginia stands to gain about $1 billion during the next 10 to 15 years to be spent on recovery and prevention programs. The Legislature passed legislation that led to the creation of WVFF, a nonprofit organization designed to distribute funds in a systematic manner to mitigate drug addiction.

Anthony Woods, chief financial officer of the Foundation, told Committee members at the Capitol in Charleston that WVFF will award the first wave of grants by the end of December.

Mr. Woods emphasized the nonprofit is committed to being open in the way it makes grant awards. He also said the foundation has examined strategies that other states use to combat opioid addiction.

Responding to a question from the Committee, Mr. Woods said WVFF, as part of its marketing strategy, plans a listening tour to gather information about local communities’ needs.

Tom Joyce, Mayor of Parkersburg and one of six regional directors on the WVFF board, told the Committee that the organization is interested in hearing from communities about their specific needs, which may include reimbursement for emergency services.

Separately, the WVFF Board of Directors announced Monday that it approved funding for an innovative, outcomes-based addition recovery project: the Appalachian Continuum of Care for Overdose Reduction Network (ACCORN) project.

WVFF said ACCORN, in collaboration with local and national partners, is part of the ARPA-H HEROES program, a federal initiative “that ties funding to measurable outcomes in addressing critical health challenges.”

Inspector General points to agency changes

Ms. Urling said she is currently filling the IG role and her role in the Governor’s Office at the same time. She recently became a certified Inspector General.

Ms. Urling said her office’s mission is to recommend systemic enhancements, ensure better compliance, achieve successful enforcement actions, and recover misspent funds.

She offered recommendations to help the office accomplish its mission and address some challenges.

Regarding staffing shortages within the department, she said the employee vacancy rate is increasing, having gone from 8.1% in 2022 to 23.4% in 2024. The Office of Health Facility Licensure and Certification (OHFLAC) has the highest vacancy rate at 40%.

She said she now is concentrating on time studies and functional job descriptions while also looking for opportunities to consolidate positions.

Underfunding of personnel vacancies remains, according to Ms. Urling, who gave the example that the salary she has for a Chief Financial Officer is $56,000.

“Budget reallocation has stripped the office of necessary funding,” she said.

Another goal, she said, is to get substance-use disorder programs under one umbrella.

Ms. Urling said, “We don’t know what the universe is here. How many are unlicensed? How many are new?”

Potential legislation she recommended included taking “under the Department of Health” out of the statute for the Office of Inspector General.

Ms. Urling also would like to see something similar to health inspection results such as “red, yellow, blue” for recovery residences that people can easily understand.

When Co-Chair Delegate Amy Summers of Taylor County asked how the public reports problems, Ms. Urling pointed to the agency website. She said the complaint system needs revamped.

“Can you give us a phone number?” asked Delegate Summers.

“304-558-2278,” responded Ms. Urling.

BRIM chief cites increase in abuse cases

The state created BRIM in 1957 because state agencies were using different insurance companies and coverages, causing legal uncertainty.

BRIM provides coverage to about 940 non-state entities, which include cities, towns, volunteer fire departments, public service districts, many nonprofit organizations, and other entities. They are known as “permissive” entities that are not mandated to be covered by BRIM. County Boards of Education, although non-state entities, are mandated to have BRIM coverage.

Jeremy Wolfe, Deputy Director, deals primarily with loss-control initiatives and risk management in three main areas: consulting, inspection, and audits. He said BRIM staff is available to speak to insured customers and provide presentations at conferences at no charge.

Ms. Duke said claim trends have seen a rise in the past five to 10 years in sexual abuse and molestation, as well as other forms of abuse. She also said “nuclear verdicts” have increased, which are generally viewed as awards beyond what the industry would consider reasonable amounts.

Senate Bill 875 placed a moratorium on permissive entities coming into BRIM and remains in effect until July 1, 2025. Ms. Duke described a currently “hard market,” and carriers are limiting exposures.

Delegate Matthew Rohrbach of Cabell County, Co-Chair of the Joint Committee, had several questions about BRIM’s financial health.

BRIM’s reserve fund decreased significantly during the past four years, according to Ms. Duke, and 45% of its losses come from permissive entities. She said BRIM currently has actuaries looking at the permissive entities, and there may be a premium increase.

Asked about reinsurance, Ms. Duke said BRIM does not have it for permissive entities, but the agency is looking into it.

In other business, Counsel presented a draft bill requiring PEIA to pay 110% of the Medicare rate for medical services. The Committee did not have a quorum to vote to recommend the bill; a fiscal note of the cost savings will be provided later.

Randy Smith tapped to lead state Senate

Agencies provide operations updates

West Virginia Consolidated State Laboratories Facility

Adam Krason and Rodney Pauley of ZMM Architects provided an update on the design and construction of the West Virginia Consolidated State Laboratories Facility at the West Virginia Regional Technology Park in South Charleston.

Mr. Krason said the firm is making great progress with 65 people representing various state agencies. The project includes multiple specialty consultants.

The first project is the entrance road as part of the site plan, he said. The area behind the building will be completely secure. The site plan, including grading and utilities, is estimated to cost $1.65 million.

Mr. Pauley said the large floor plan consists of a long building with a “valley” in the middle. Agencies will be spread over four floors, and long corridors will separate the left and right sides of the building. The front will be offices with views. The back will house labs and have more natural light.

The building timeline is estimated to start in fall 2025 and be completed by September 2027. Full occupation is expected by 2028.

Mr. Krason acknowledged that it is a long timeline, but he said it’s a very large and sophisticated building. He also explained that designers need a lot of input from the various end users. Mr. Krason praised General Services for its involvement, saying, “It’s been a great collaborative effort.”

Office of Chief Medical Examiner

Matt Izzo, Administrator of the Office of the Chief Medical Examiner, provided information about improvements concerning unclaimed and unidentified decedents.

Spring Hill Cemetery in Charleston is providing space for temporary interment of unclaimed decedents, and it has room for expansion.

He said Marshall University has collaborated in improving the handling of unidentified human remains. Nine have been identified since August 2024; 48 cases for DNA identification have been submitted. Mr. Izzo noted that is more identified cases than in the past nine years combined.

Mr. Izzo praised the architects’ design in the combined state laboratories facility. He said the office needs 12 full-time deputy medical examiners. It currently has five. He said the modern facilities and competitive salaries would help attract good employees.

Fatality and Mortality Report

Amy Adkins from the Bureau for Public Health provided information on the 2024 Fatality and Mortality Report.

Under House Bill 4874, the Fatality and Mortality Review Team (FMRT) is analyzing circumstances around deaths at a system level rather than an individual level to help develop policies. The staff is focusing on the deaths of infants and children, maternal deaths, and domestic violence deaths.

Ms. Adkins explained that each fatality report is guided by different national guidelines, but agency personnel are taking steps to ensure consistency and standardization. They are seeking funding for report improvements and maternal mortality reviews.

FMRT is also looking at the translation of data, risk factors, and major themes to help create a framework to prevent tragic deaths, such as sleep-related death in infants, high numbers of motor-vehicle deaths, violent injuries associated with child mental health, and maternal and domestic violence deaths.

Co-Chair Delegate Amy Summers of Taylor County asked why the 2024 report does not include 2023 cases. Ms. Adkins responded that the fatality review needs information from several sources, and that information would be very limited if 2023 information is included.

Delegate Summers repeated, “We want 2023 information.”

Child Welfare Electronic Portal

Cammie Chapman, Deputy Secretary of Children and Adult Services for the Department of Human Services, discussed the Department’s work in implementing House Bill 4975.

Passed in 2024, it required development of a communications system.

Ms. Chapman said the goal is to establish a web-based communication system for the child welfare system that would facilitate communications among stakeholders, provide information on visitation, court hearings, meetings, health records, and other matters.

A request for proposals is now open for vendor bids. The agency hopes to “go live” by September 2025 and reach full implementation by July 2026. Legislators expressed some concerns about the ability to meet the timeline and guidelines.

Chancellor: Dual-credit pilot helps students

Sarah Armstrong Tucker, Chancellor for Higher Education Policy Commission and Career/West Virginia’s Community and Technical Colleges , told the West Virginia Legislative Oversight Commission on Education Accountability (LOCEA) on Tuesday that more than 4,600 students from 52 of the state’s 55 counties earned a collective 39,000 college credits.

In presenting the initial findings of the four-year program, she noted the Legislature provided $4.2 million in 2023 to implement House Bill 2005, which authorized the program, stating $3.2 million was spent during the first year of the pilot program, which is administered by the Higher Education Policy Commission and the Council for Community and Technical College Education in conjunction with the State Board of Education.

In response to legislators’ questions, Tucker said:

·     Students from all 55 counties are participating in the pilot program during its second year.

·     To participate, high school students must be enrolled in a career pathway recognized by the state Department of Commerce. In answer to a question from Delegate Mike Pushkin of Kanawha County, the Department of Commerce may approve differing pathways based on state economic needs.

·     Next year, more than 6,700 students are expected to enroll in the program. She said West Virginia University, which did not participate this year, will participate as well. She also said all state higher education institutions may participate in 2025.

·     In response to a question from Delegate Joe Statler of Monongalia County, Chancellor Tucker said she would gather data regarding teacher professional development needs in order to advance additional dual credits courses. She also noted larger counties may offer a greater number of courses given larger teacher cohorts.

Chancellor Tucker noted all state institutions of higher education accept completion of dual-credit courses. She, however, did not know whether out-of-state institutions would accept dual-credit courses. She noted 95% of the state’s college-going students enroll in West Viginia higher education institutions.

Chancellor Tucker concluded that high school students, especially first-generation college students and students with “lower GPAs” entering higher education institutions, may benefit most from the program.

She also said community and technical colleges may prove most supportive of the program, perhaps configuring degrees largely based on dual credits.

Transparency discussed for VFDs

They indicated they want to ensure VFDs are not burdened with additional costs or distracted from their firefighting roles.

Skylar Wotring, Director of Transparency & Oversight for the West Virginia Auditor’s Office, presented information regarding the Office’s West Virginia Checkbook website.

Mr. Wotring said he contemplates a “build-it-as-you-go approach,” using VFD IRS 990 forms as the initial data entry, then expanding as legislators determine.

Mr. Wotring said about one-eighth of the VFDs responded to the Auditor’s Office request to provide the IRS 990 forms.

He also noted, as did some legislators who serve as VFD firefighters, that reaction among VFDs is mixed. He noted concerns about the time to VFDs need to complete fiscal requests. Also, VFDs’ use of “paper-accounting” or accounting programs such QuickBooks are not easily forwarded to a state program.

He noted some county commissions could possibly arrange to secure the VFD accounting details but at additional costs to commissions.

Although no formal action was taken, some legislators agreed with Mr. Wotring’s approach, especially when learning the Auditor’s Office can provide VFDs information and training about fiscal reporting by “mobile means” and that IRS 990s could begin the process of greater reporting of VFD expenses.

Mr. Wotring also mentioned a “check-register” approach, which he said Boone County VFDs were considering to meet demands of recent legislation concerning VFDs’ fiscal accountability.

Delegate Jesse Jennings of Preston County said an incremental approach would work best, given the difficulty in getting VFD members to serve as treasurers.

Delegate Joe Statler urged the Committee to “walk these waters easily,” especially if VFDs or county commissions would need to add staff or spend additional funds.

Mr. Wotring suggested that he or a representative of the Auditor’s Office appear before the Committee during the regular session.

Lawmakers examine energy reliability

The Committee questioned whether alternative energy sources, such as solar or wind, distract from a greater focus on coal and natural gas, especially if solar power often must be “stored” to compensate for days that aren’t as sunny.

Although two PJM governmental services representatives stated West Virginia is one of 13 states that form an alliance with PJM to ensure grid coverage reliability and reliance, most of the Committee discussion focused on PJM’s role and whether PJM’s grid approach might mean consumers pay more when coal-fired power plants are reportedly “idled” because of lesser needs for energy storage at given periods.

Members sought considerable clarification about PJM’s role as a grid manager for the state.

Senator Rupie Phillips of Logan County was persistent in determining whether idled power plants costs consumers more than if excess energy were generated and supplied upon need.

Partly in response to Senator Phillips, corporate representatives noted PJM operates on projections 15 years in advance and responds to anticipated or unanticipated grid needs and the reliability of certain energy sources given extreme bouts of weather.

In terms of specific detail about West Virginia, no large energy “plants” are planned in the next few years, but there is apparent growth in smaller energy-generating sources clustered to aid expanding businesses, PJM representatives said.

Most grid use follows commitment to expanding data-driven ventures, which are clustered in more urban areas, although West Virginia’s projected energy use for data-driven industries is expanding, according to information provided to the Committee.

Based on what the representatives reported, PJM emphasizes a “15-year planning horizon” to aid in grid upgrades.

Those considerations determine need for interconnection requests and planned “retirements” of existing generating plants, as well as possible grid upgrades. That prompted some legislators to say expanded use of coal-generated energy could curtail retirements of those plants, while other members said upgrades to meet federal demands negate the approach.

·     January 5-7: Interim Meetings

·     February 12: State of the State Address