FISCAL NOTE

Date Requested: January 09, 2019
Time Requested: 05:19 PM
Agency: Health and Human Resources, WV Department of
CBD Number: Version: Bill Number: Resolution Number:
1561 Introduced SB121
CBD Subject: Human Services, Military and Veterans


FUND(S):

'0403 - DIV OF HUMAN SERVICES GENERAL ADMINISTRATION FUND, 8722 - CONS FEDERAL FUNDS DIV HUMAN SERVICES GEN ADMN FUND

Sources of Revenue:

General Fund

Legislation creates:





Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


    The purpose of this bill is to provide continued eligibility for developmental disability services to dependents of military service members.
    
    This bill indicates that the Department shall permit an eligible dependent who resides out-of-state to be placed on the waiting list for developmental disabilities services or a dependent who is currently receiving waiver benefits shall retain eligibility for those services if the dependent left the state due to the military assignment outside the state, and as long as he or she is otherwise eligible for such services.
    
    This legislation violates a March 8, 2000 Court Order in Benjamin H. et. al. v. Ohl (DHHR Secretary), (Civil Action No. 3:99-0338, Southern District of WV, Judge Chambers). The Court Order mandates the Department to maintain a waitlist that moves at a reasonable pace, meaning the Department cannot reserve slots out of order on the waitlist -- it must provide an open slot to the person who has waited the longest. The Court's Order regarding a strict waitlist it based on federal law, specifically 42 U.S.C. 1396a(a)(8) (requiring services be provided with reasonable promptness to all individuals).



Fiscal Note Detail


Effect of Proposal Fiscal Year
2019
Increase/Decrease
(use"-")
2020
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


    Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.



Memorandum


    



    Person submitting Fiscal Note: Bill J. Crouch
    Email Address: Bill.J.Crouch@wv.gov