WEST virginia legislature
2021 regular session
House Bill 2260
By Delegates J. Pack, Rohrbach, Summers, Longanacre, Rowan, G. Ward, Forsht, Smith, Steele, Espinosa, and Barrett
[Originating in the Committee on the Judiciary; Reported on February 18, 2021]
A BILL to amend and reenact §49-2-111a of the Code of West Virginia, 1931, as amended, relating to the department’s obligations to enter into performance-based contracts with child-placing agencies; extending a deadline; and exempting the contract from purchasing.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN
§49-2-111a. Performance based contracting for child placing agencies.
(a) For purposes of this section:
(1) “Child” means:
(A) A person of less than 18 years of age; or
(B) A person 18 to 21 years of age who is eligible to receive the extended foster care services.
(2) “Child-placing agency” means an agency licensed by the department to place a child in a foster care home.
(3) “Department” means the Department of Health and Human Resources.
(4) “Evidence-based” means a program or practice that is cost-effective and includes at least two randomized or statistically controlled evaluations that have demonstrated improved outcomes for its intended population.
contracting” means structuring all aspects of the
procurement of services
service contract around the purpose of the work to be performed and the
desired results with the contract requirements set forth in clear, specific,
and objective terms with measurable outcomes and linking payment for services
to contractor performance.
(6) “Promising practice” means a practice that presents, based upon preliminary information, potential for becoming a research-based or consensus-based practice.
(7) “Research-based” means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
(b) No later than
1, 2020 July 1, 2021, the department shall enter into
performance-based contracts with child placing agencies.
In conducting the
procurement, The department shall actively consult with other state
agencies and other entities with expertise in performance-based contracting
with child placing agencies to develop the requirements of the
process performance-based contract shall be developed and
implemented in a manner that complies with applicable provisions of this code. Contracts
for child placing agencies are exempt from §5A-3-1 of this code.
resulting contracts shall include, but are not limited to, the following:
(1) Adequate capacity to meet the anticipated service needs in the contracted service area of the child placing agency;
(2) The use of evidence-based, research-based, and promising practices, where appropriate, including fidelity and quality assurance provisions;
(3) Child placing agency data reporting, including data on performance and service outcomes, including, but not limited to:
(A) Safety outcomes;
(B) Permanency outcomes;
(C) Well-being outcomes;
(D) Incentives earned;
(E) Placement of older children;
(F) Placement of children with special needs; and
(G) Recruitment and retention of foster parents; and
(4) A hold harmless period to determine a baseline for evaluation.
As part of the
procurement process under this section, the department shall issue
the request for proposals no later than July 1, 2020. The department shall
notify the apparently successful bidders no later than September 1, 2020. (g) Performance-based payment methodologies must be used
in child placing agency contracting. Performance measures should relate to
successful engagement by a child or parent in services included in their case
plan, and resulting improvement in identified problem behaviors and
interactions. For the first year of implementation of performance-based
contracting, the department may transfer financial risk for the provision of
services to the child placing agency only to the limited extent necessary to
implement a performance-based payment methodology, such as phased payment for
services. However, the department may develop a shared savings methodology
through which the child placing agency will receive a defined share of any
savings that result from improved performance. If the department receives a
Title IV-E waiver, the shared savings methodology must be consistent with the
terms of the waiver. If a shared savings methodology is adopted, the child
placing agency shall reinvest the savings in enhanced services to better meet
the needs of the families and children they serve. (h) (g) The department shall actively monitor the
child placing agency’s compliance with the terms of contracts executed under
this section. (i) (h) The use of performance-based contracts
under this section shall be done in a manner that does not adversely affect the
state’s ability to continue to obtain federal funding for child welfare-related
functions currently performed by the state and with consideration of options to
further maximize federal funding opportunities and increase flexibility in the
use of such funds, including use for preventive and in-home child welfare
services. (j) (i) The department shall pay child placing
agencies contracted to provide adoption services to foster families a minimum
of $1,000 per child for each adoption finalized. (k) (j) The rate of payment to foster parents and
child placing agencies shall be reviewed by the department, at a minimum of
every two years, to determine whether the level of foster care payments
facilitates or hinders the efficient placement of foster children with West
Virginia families. The department shall remit payments to foster parents on the
same week each month to facilitate foster parents’ ability to budget and
appropriately expend payments for the benefit of the children in their custody. (l) (k) The department shall report the
performance of the child placing agency to the Legislative Oversight Commission
on Health and Human Resources Accountability by December 31, annually.
NOTE: The purpose of this bill is to clarify the department’s obligations to enter into performance-based contracts with child-placing agencies.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.