FISCAL NOTE
Date Requested: January 15, 2020
Time Requested: 05:34 PM |
| Agency: |
Health and Human Resources, WV Department of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1160 |
Introduced |
SB114 |
|
|---|
| CBD Subject: |
Human Services |
|---|
|
FUND(S):
na
Sources of Revenue:
Other Fund none
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 is based on federal law, specifically 42 U.S.C. 1396a(a)(8) (requiring services be provided with reasonable promptness to all individuals).
The US federal government establishes parameters for the Medicaid program. However, within those parameters, each of the fifty states operates their Medicaid program differently. Therefore, Medicaid eligibility requirements are not consistent across states. Individuals are required to reapply for Medicaid in the state in which they are relocating. In addition, an individual cannot receive Medicaid benefits simultaneously in two states. This means one must close their Medicaid case, and hence their benefits, in their original state before applying for benefits in their new state.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2020
Increase/Decrease
(use"-") |
2021
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: Laura Quinnelly
Email Address: laura.quinnelly@wv.gov