WEST virginia Legislature
2019 regular session
Senate Bill 121
By Senator Romano
January 9, 2019; Referred
to the Committee on Military; and then to the Committee on Finance]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-11-1 and §9-11-2, all relating to providing continued eligibility for developmental disability services to dependents of military service members; defining terms; establishing dependents retention of rights for developmental disability services provided conditions are met; providing dependents be placed on waiting list for services; establishing a process to reestablish services for dependent upon return to state; prohibiting payment for services rendered outside state; and rulemaking.
Be it enacted by the Legislature of West Virginia:
ARTICLE 11. CONTINUED ELIGIBILITY FOR DEVELOPMENTAL DISABILITY SERVICES FOR DEPENDENTS OF MILITARY SERVICE MEMBERS.
(a) As used in this article:
(1) “Dependent” means a spouse, birth child, adopted child, or stepchild of a military service member.
(2) “Legal resident” means a person who maintains West Virginia as his or her principal establishment, home of record, or permanent home and to where, whenever absent due to military obligation, he or she intends to return.
(3) “Military service” means service in the Armed Forces or Armed Forces Reserves of the United States, or membership in the West Virginia National Guard.
(4) “Military service member” means a person who is currently in military service or who has separated from military service in the previous 18 months through either retirement or military separation.
§9-11-2. Dependent retention of eligibility for services; waiting list; information required by DHHR for continued eligibility; prohibiting payment for services received outside state; DHHR to request necessary waiver; rulemaking.
(a) A dependent, who is a legal resident of the state, having previously been determined to be eligible for developmental disability services provided by the Department of Health and Human Resources (“DHHR”), including waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act, shall retain eligibility for those developmental disability services as long as he or she remains a legal resident of the state, regardless of having left the state due to the military service member's military assignment outside the state, and as long as he or she is otherwise eligible for such services.
(b) The DHHR shall permit a dependent who resides out-of-state to be placed on the waiting list for developmental disabilities services if the dependent left the state due to the military service member’s military assignment outside the state, is otherwise eligible for those services, and furnishes the following:
(1) A copy of the military service member's DD-214 or other equivalent discharge paperwork; and
(2) Proof of the military service member’s legal residence in the state, as prescribed by the DHHR.
(c) For dependents who received developmental disability services and who left the state due to the military service member’s military assignment outside the state, upon the dependent’s return to the state and when a request for services is made, the DHHR shall:
(1) Determine the dependent’s eligibility for services, which may include a request for waiver services provided under the home and community-based services programs authorized under Section 1915(c) of the Social Security Act;
(2) Provide to the dependent notification of the determination of eligibility for services, which includes notification of a denial of services if applicable;
(3) Provide the dependent an opportunity to contest the DHHR’s determination through the appeals processes established by the DHHR; and
(4) Resume services if the individual remains eligible.
(d) As a condition of continued eligibility for services under §9-11-2(a) of this code, a dependent must inform the DHHR of his or her current address and provide updates as requested by the DHHR.
(e) No payment pursuant to this section shall be made for home and community based services provided outside the State of West Virginia.
(f) The DHHR shall request a waiver from the appropriate federal agency if a waiver is necessary to implement the provisions of this section.
(g) In order to implement the provisions of this section, the DHHR may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code.
NOTE: The purpose of this bill is to provide continued eligibility for developmental disability services to dependents of military service members.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.