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

November Interim Meetings

State Capitol

Charleston

November 10-12, 2024

Newsletter Digest

LICENSING AND EMPLOYMENT: Members of the Legislature’s Joint Judiciary Interim Committee heard testimony that licensing for specific occupations poses barriers to employment that criminal offenders need to rejoin society.

GAS STORAGE: Gas industry executives gave the West Virginia Legislature’s Joint Committee on Energy and Manufacturing an overview of what they described as the state’s significant role in natural-gas storage.

PEIA: A West Virginia Public Employees Insurance Agency (PEIA) executive provided an overview of the agency and its recent achievements.

FOSTER CARE: The Legislature’s Joint Committee on Health heard about the role of the state’s Foster Care Ombudsman Office and draft legislation for possible introduction and consideration during the 2025 regular session.

RESIDENT RIGHTS: A state official, appearing before the ​Legislative Oversight Commission on Health and Human Resources Accountability (LOCHHRA), discussed current law regarding visual and auditory monitoring devices in assisted-living residences.

HEALTH CARE WORKERS: Legislative auditors said West Virginia health care facilities continue to wrestle with staffing challenges in the wake of the COVID pandemic and a national nursing shortage.

FIREFIGHTING: The Legislature’s Joint Committee on Volunteer Fire Departments and Emergency Medical Services received a detailed report about efforts to upgrade firefighter-training.

CORRECTIONS: The Division of Corrections and Rehabilitation Commissioner provided an update on agency operations.

Lawmakers learn about AI-related threats

A major focus of the discussion was the effect of artificial intelligence (AI) on cybersecurity threats and responses. Bill Walker, Executive Director of National Center of Excellence for Cybersecurity, provided a sobering assessment of the growing cyber threat landscape.

Panelists emphasized the need for a diverse range of cybersecurity professionals, from entry-level positions to highly specialized roles. The discussion also delved into the role of government in regulating AI and cybersecurity.

Amy Cyphert, Associate Professor at the West Virginia University College of Law, emphasized the need for a balanced approach that encourages innovation and protects the public interest. She brought students with her to present various perspectives on AI and the law.

WVU is the only law school currently providing that course in the country. Six of her 14 seminar students presented their topics to help answer why AI is so difficult to regulate, how the states might lead, and the regulatory patchwork that would result if all states regulated it differently.

“WVU students are on the forefront,” Cyphert said, turning the presentation over to her students.

Licensing cited as barrier to employment

Mr. Morgan said more than 20% of working West Virginians need a license for one of 153 occupations that require licenses in West Virginia, which ranks as the 13th highest licensing burden in the United States.

Mr. Morgan said licensing poses barriers to employment that criminal offenders need for effective reintegration to society. West Virginia has made progress with a pre-qualification process that takes several factors into consideration, he said.

Mr. Morgan suggested the Committee consider legislation that would determine whether applicants’ prior convictions relate to a job for which they seek licensure.

Executives explain role of gas storage

They described the state as an important hub for gas storage and said state government provides a predictable regulatory environment.

John Love, Director of Gas Storage at Berkshire Hathaway Energy – Gas Transmission & Storage, told Committee members that storage reservoirs typically are sites where producers extracted natural gas. After the wells are depleted, he said, producers send natural gas to storage companies that use depleted wells for reliable underground storage.

Declaring that West Virginia stands out as a leader in natural gas storage, Mr. Love said the storage sites’ geologic structure make them ideal to store gas, which comes from West Virginia and other states. He also noted that West Virginia schools develop technical workers who benefit the industry.

Garrett Word, Director of Natural Gas Storage at TransCanada, said underground storage helps level out the supply and demand for natural gas and mitigates seasonal pricing changes. Mr. Word emphasized that West Virginia is attractive to gas storage companies because of its proximity to the supply of gas and large domestic markets.

In addition, Mr. Word said the state’s regulatory stability encourages companies to invest here.

PEIA outlines successes, GLP-1 situation

Director Cunningham highlighted implementing new pharmacy reimbursement policies and launching new wellness and procurement initiatives. He discussed the upcoming PEIA finance plan for fiscal 2026, including projected premium increases and the importance of maintaining a statutorily required 10% reserve.

Director Cunningham explained how an $87 million appropriation from the Legislature helped the agency avoid mid-year premium increases in the current fiscal year. His presentation delved into PEIA’s five-year financial outlook, cost containment efforts, and a $27 million fiscal improvement plan with a pharmacy benefit manager (PBM).

Cunningham emphasized the need to “bend the curve” on rising prescription drug costs to avoid unsustainable premium hikes.

Presenters focused on specialty drugs, their high costs, challenges of having them filled in-state, and PEIA’s specialty pharmacy network. Director Cunningham also discussed the effect of diabetes drugs on PEIA’s budget and the difficulties of covering them for weight management.

Cunningham explained, “A lot of people ask me, ‘Why don’t we cover GLP-1s, like Wegovy and Zepbound, for weight management? Aren’t there improved health outcomes? Can’t PEIA save money down the road by covering these products?’

“And I would suggest that maybe that’s possible. Perhaps there is an opportunity to save money down the road. And we’ve worked, we’ve attempted to work with the manufacturers of GLP-1s like Novo Nordisk and Eli Lily, to be able to provide the weight-management pilot program. Unfortunately, when we attempt to increase the criteria, for example, to raise the BMI criteria to 35 so that folks can gain access to GLP-1s, the drug manufacturers take away our rebates, and we simply can’t afford to provide GLP-1s for weight management. They’re not rebated.”

He continued, “But I provided this chart to just give an example of what would happen if PEIA opened the floodgates and covered GLP-1s for weight management across the board. So, we have approximately 70,000 members of PEIA eligible for a weight management GLP-1 based on a BMI of 27 with comorbidities or a BMI of 30 without comorbidities; 25% of eligible members equates to 17,500 members and about a quarter of a billion dollars in gross prescription drug costs.

“Now, I talked about rebates before, so we know that’s not a real number. You know, 260 million isn’t the actual number. That’s a gross number. But even if we cut that number in half because of rebates or because of folks going on and off of the products not being on for an entire year, we’re still looking at $130 million, which is half of the net drug spend at PEIA right now.”

Throughout the discussion, Director Cunningham highlighted areas where legislative clarification or policy changes could assist in improving PEIA’s financial stability, such as the 110% of Medicare reimbursement rule and “gold card” prescriptions.

Foster care-related legislation discussed

Elizabeth Hardy, Acting Director of the Ombudsman Office within the Office of Inspector General, noted the state has eight satellite offices. She said the Ombudsman Offices serve as informational clearinghouses relating to foster service, and clients who seek guidance about foster care and adoption see the offices as independent and impartial. The Ombudsman Office tries to answer questions or resolve issues as part of what she termed as a “trust-and-solve-problems” approach.

She said an issue the Ombudsman Office faces a misunderstanding of its role, which is often perceived as intertwined with the Bureau of Social Services rather than it having independence.

Ms. Hardy, in answer to a question from Delegate Mike Pushkin of Kanawha County, said legislators can promote greater awareness of the office and its workings.

Most of the meeting dealt with what three legislative proposals could be introduced during the 2025 session.

LOCHHRA assesses residents’ rights topic

She said the law prohibits monitoring devices within residents’ personal living spaces but allows devices like Alexa or FaceTime that residents can control. Whitmore noted the situation raises questions around resident rights, privacy, and dignity.

Suzanne Messenger, West Virginia State Long Term Care Ombudsman, provided an in-depth overview of the Long Term Care Ombudsman Program. She said the program represents and empowers long-term care residents with a focus on resident satisfaction rather than just regulatory compliance.

Ms. Messenger discussed the complex considerations around technology use in long-term care, including residents’ autonomy and consent, privacy protections, and the varying needs and cognitive abilities in assisted-living facilities versus nursing homes.

Committee members asked questions about assessing assisted-living residents’ perspectives on privacy and monitoring, as well as potential modifications to existing code or regulations. Ms. Whitmore and Ms. Messenger acknowledged the need for carefully balancing different stakeholder interests — residents, providers, families — and prioritizing residents’ rights. They offered to provide examples of model legislation from other states.

The discussion shifted to proposed changes to public disclosure requirements following child-abuse fatalities or near-fatalities.

Presenter Anna Wesling outlined amendments to state code that would align with the federal Child Abuse Prevention and Treatment Act (CAPTA) requirements, including mandating the release of certain information, such as a child’s age, gender, county, and summary of prior reports. The proposal also addressed exceptions for criminal investigations and the department’s ability to clarify or correct publicly disclosed information.

Staffing hurdles remain in health facilities

The Legislature’s Joint Post Audit Committee on Tuesday learned the nursing shortage is a national problem.

Focusing on the hiring process, auditors reported that state agencies can take as long as 600 days to post a job opening, raising questions from House Speaker Roger Hanshaw and Delegate Kayla Young.

“That’s among the most ridiculous things I’ve heard in a long time.” Speaker Hanshaw said.

He said he wanted answers about the process.

Aaron Snodgrass, Deputy Commissioner of the Office of Health Facilities, said he believes new processes will produce better results.

Responding to Delegate Young about whether programs to encourage the availability of nurses are working, Deputy Commissioner Snodgrass said the agency is seeing improvement.

Health officials noted that contract labor costs remain problematic for state facilities.

The Committee also heard a report about the state’s Non-Medical Medical Transportation program, which primarily is funded through Medicaid.

Justin Robinson, Director of the Post Audit Division Staff, said the audit examined several complaints and elements of the program but found no problems with compliance. He said Modivcare is the primary vendor that arranges transportation services for clients.

He said the audit did recommend initiating a risk-management program.

Jennifer Myers of the Bureau of Medical Services said the agency agrees with the audit findings. She acknowledged the state has some locales with a shortage of transportation providers, but they don’t present a persistent problem.

Committee hears about firefighter training

According to Mark Lambert, Assistant Professor of WVU’s Fire Extension, this year’s Junior Firefighter Camp attracted more than 130 student participants from 34 West Virginia counties, as well as 27 students from 12 states.

Professor Lambert said the camp emphasizes basic information regarding VFD service, although onsite certification is limited to First Aid/CPR certification Junior Firefighter Camp participants.

The purpose of the Camp is to “help recruit new youth for volunteer fire departments,” according to Lambert, a point echoed by Committee members.

As a result of scholarships from the Kanawha and Monongalia County commissions, camp attendance was up. The nearly week-long camp at Jackson’s Mill required a $450 registration fee.

Professor Lambert, in response to members’ questions, reiterated the Junior Camp provides greater awareness of the role of VFDs and may augment firefighter recruitment, which is critical given West Virginia’s rural nature.

Members’ ideas include providing dual credits (secondary school and higher-learning credits) for students who enroll in courses relating to firefighting, especially in the state’s career/technical schools.

Committee members noted some “push-back” from school officials, although it is not widespread.

The question of school closure and the possible impact on VFDs surfaced. Delegate Adam Burkhammer of Lewis County said VFDs may be affected when schools in rural communities close.

To encourage Junior Camp participation for students ages 14-17, members discussed urging county commissions and community foundations to fund scholarships, create greater awareness through schools and other community organizations, and publicize the camp.

Professor Lambert said post-camp surveys show that 98% of campers “are already or plan to become affiliated with their local volunteer fire departments.” He also said “96% of campers increased their teamwork skills by placing group goals above the things they want and helping a group to be successful.” He also said 73% of campers responded “definitely yes” when asked whether they would be interested in a vocational tech firefighter course if one existed at their high school.

He also reviewed statistics regarding required firefighter training, saying, in most instances, about 95% of firefighters had success with examinations, which may be the result of simulation training.

Committee Co-chair Senator Vince Deeds of Greenbrier County asked about exit interviews for persons who leave VFD service.

Professor Lambert said additional research could secure an answer to factors that lead persons to depart VFD service. He noted anecdotally that some participants may depart service because of a requirement that does not permit beards.

Professor Lambert said the number of female participants increased this year.

The 2025 camp will be held June 14-19 at Jackson’s Mill.

Corrections chief provides updates

Members also learned specifics about a victim-notification system.

Commissioner William Marshall, Commissioner, Division of Corrections and Rehabilitation, discussed ongoing projects, as well as efforts to change the Division’s culture.

Committee discussion centered on recidivism, post-correctional employment, including verification of skills credentials and dealing with stigma associated with incarceration, and efforts to secure personal growth and development goals for those incarcerated.

Commissioner Marshall praised the Malachi Dads program, which focuses on men acquiring skills on “how to be better husbands and dads” based on Biblical principles and through study and community-building. In response to a question from Senator-elect Joey Garcia of Marion County, Marshall noted a program sponsored by Appalachian Bible College at Mount Olive is also well received.

In terms of persons serving life without parole, Commissioner Marshall said correctional programs, skills development, and trades programs give incarcerated persons greater meaning and purpose. He acknowledged some program aspects are voluntary.

Commissioner Marshall also said:

·     Deferred maintenance aims are being met, along with improved relations with state officials in terms of Division fiscal determination.

·     There are 166 Division vacancies today compared to 576 vacancies in January. He there are 18 “non-uniformed” vacancies, and the figure continues to decrease.

·     Division personnel are engaging more in communities, including upcoming Thanksgiving and Christmas food drives, and were involved in efforts to aid those affected by Hurricane Helene.

·     The North Central Regional Jail has the greatest problem in terms of capacity. While the facility serves large north-central West Virginia counties, the Commissioner noted that Marion and Monongalia counties are experiencing increases in incarcerations.

·     Efforts in McDowell County to shift personnel from an existing facility to Stephens Correctional Center have been successful.

·     Eastern Panhandle correctional facilities grapple with employment competition from neighboring states, which may pay better or have better services and amenities.

Commissioner Marshall is to secure data concerning post-employment opportunities, post-employment preparedness, and recidivism. He said he knew of no “dedicated list” of employers willing to employ persons released from correctional facilities, although developing such a list may be possible.

Alexandria Mock, Senior Director of Government Relations for Equifax Inc., presented information about Equifax’s Victim Information Notification Everyday (VINE) system. She said VINE, operational in 47 states, covers 2,900 incarceration facilities, provides crime victim and survivor notification regarding status of incarcerated persons, dates and times of scheduled court appearances, and release dates and hearings that those individuals may have with parole boards.

Notification is available through electronic platforms and by telephone.

Ms. Mock said 6,500 West Virginians accessed VINE last year.

The program appears to also have public access capability and is “open to the public as well,” according to Erica Cecil, an Equifax official, who attended the session.

·     December 8-10: Interim Meetings

·     January 5-7: Interim Meetings

·     February 12: State of the State Address