FISCAL NOTE
Date Requested: January 10, 2018
Time Requested: 02:28 PM |
| Agency: |
Health and Human Resources, WV Department of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1131 |
Introduced |
SB55 |
|
|---|
| 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 Federal
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 |
2018
Increase/Decrease
(use"-") |
2019
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):
Memorandum
Person submitting Fiscal Note: Bill J. Crouch
Email Address: dhhrbudgetoffice@wv.gov