House Concurrent Resolution 73

By Delegate Canterbury

[Introduced ;
Referred to the Committee on the Judiciary.]

Requesting that the Joint Committee on Government and Finance study the funding methodology and process by which at‑risk children and their families receive treatment services.

Whereas, Residential treatment programs for children are a vital and essential part of a comprehensive continuum of services for at‑risk children and their families; and

Whereas, Residential treatment services have been operating under a highly successful state controlled funding system since 1994, designed to reimburse residential treatment centers for the bundled costs of room, board, and supervision using federal funds received under Title IV‑E of the Social Security Act and to fund treatment using Medicaid funds; and

Whereas, The bundled funding system allows residential treatment centers to specialize in different levels of treatment corresponding to the different levels of treatment needs in the state’s at‑risk youth population and to receive bundled funding based on the level of treatment provided at the respective centers; and

Whereas, The system that the State of West Virginia has developed for funding residential treatment services for at‑risk children has been highly successful in providing a stable and predictable source of funding for quality services; and

Whereas, In recent months, the Department of Health and Human Resources has taken steps to discontinue the bundled funding system and has moved toward implementing a fee‑for‑service model for funding residential treatment of at‑risk children; and

Whereas, The cost to residential treatment centers to provide services to at‑risk children under a fee‑for‑service reimbursement model will be much greater than the cost to provide such services under the current bundled funding system; and

Whereas, An increase in cost for providing services to at‑risk children will render residential treatment centers incapable of providing high quality care to the same number of children that are currently residing at the centers; and

Whereas, A decrease in capacity of in‑state residential treatment centers will result in a greater number of at‑risk children being transferred to residential facilities outside of the state, locating the children far from their families and costing the state substantially more than in‑state placements; and

Whereas, Considering the geographical nature of West Virginia and current economic issues in the state, a lack of funding for residential treatment centers will have a significant impact on local economies in which the centers are located; and

Whereas, Prior to an executive agency making drastic, long lasting changes to the methodology for funding essential services for children, the state’s lawmakers should have the opportunity to fully evaluate the impact of unbundling and un‑leveling services for West Virginia’s at‑risk children, their families, and the companies whose mission it is to serve them; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to conduct a study on the optimal funding methods for maintaining a comprehensive continuum of services for at‑risk children in West Virginia that includes community based, in home, foster care, residential treatment, aftercare, and transitional living services; and, be it

Further Resolved, That in conducting this study, the Joint Committee on Government and Finance review the following issues: how to create a longitudinal plan that provides adequate time to develop and implement an effective continuum of comprehensive services for at‑risk children and families while coordinating with West Virginia universities and colleges to address workforce issues; how to reduce the number of children incarcerated in congregate juvenile jails; the financial impact to the state of placing children in residential treatment facilities outside of West Virginia’s borders; the impact that a change in the bundled funding system would have on county boards of education and the Office of Institutional Education; and best practices for accommodating children with various and differing developmental needs, trauma histories, and behavioral symptoms under one state wide system; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2017, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.