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Engrossed Version Senate Bill 430 History

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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED

Senate Bill No. 430

(By Senators Tomblin, Mr. President, and Buckalew,

By Request of the Executive)

____________

[Introduced March 24, 1997; referred to the Committee
on Health and Human Resources; and then to the Committee on Finance.]
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A BILL to amend and reenact sections two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, fifteen and eighteen, article nine, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section twenty, all relating to conforming the West Virginia works act to federal requirements; legislative findings; defining terms; removing obsolete language relating to program implementation, wavier proposals and emergency rules; removing requirement that rules be promulgated in accordance with administration procedures act; changing work exemption for new mothers; requiring personal responsibility contract be signed before receipt of cash assistance; diversionary assistance allowances; providing for confidentiality of information; and fines and criminal penalties for unauthorized release of confidential information.



Adopted
Rejected





A BILL to amend and reenact sections two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, fifteen and eighteen, article nine, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section twenty, all relating to conforming the West Virginia works act to federal requirements; and providing for confidentiality of information and for fines and penalties for unauthorized release of that information.

Be it enacted by the Legislature of West Virginia:
That sections two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, fifteen and eighteen, article nine, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section twenty, all to read as follows:
ARTICLE 9. WEST VIRGINIA WORKS PROGRAM.
§9-9-2. Legislative findings; purpose.
(a) The Legislature hereby finds that:
(1) At-risk families are capable of becoming self- supporting;
(2) A reformed assistance program should both expect and assist a parent and caretaker-relatives in at-risk families to support their dependent children and children for which they are caretakers;
(3) Every parent or caretaker-relative can exhibit responsible patterns of behavior so as to be a positive role model;
(4) Every parent or caretaker-relative who receives welfare cash assistance has a responsibility to participate in an activity to help them prepare for, obtain and maintain gainful employment;
(5) For a parent or caretaker-relative who receives welfare cash assistance and for whom full-time work is not feasible, participation in some activity is expected to further themselves, their family or their community;
(6) The state should promote the value of work and the capabilities of individuals;
(7) Job development efforts should enhance the employment opportunities of participants;
(8) An effective public education system is the key to long- term self-support; and
(9) A reformed assistance program should be structured to achieve a clear set of outcomes; deliver services in an expedient, effective and efficient manner; and maximize community support for participants. and demonstrate budget neutrality over five years After five years, there is expected to be a decrease in the following: (i) The number of persons receiving public assistance; and (ii) the amount of time an individual remains on public assistance. and (iii) the amount of money spent in the West Virginia works program
(b) The goals of the program are to achieve more efficient and effective use of public assistance funds; reduce dependency on public programs by promoting self-sufficiency; and structure the assistance programs to emphasize employment and personal responsibility. The program is to be evaluated on the increase in employment rates in the program areas; the completion of educational and training programs; the increased compliance in preventive health activities, including immunizations; and a decrease in the case-load of division of personnel.
§9-9-3. Definitions.
In addition to the rules for the construction of statutes in section ten, article two, chapter two of this code and the words and terms defined in section two, article one of this chapter, unless a different meaning appears from the context:
(a) "At-risk family" means a group of West Virginians living in the same household, living below the federally designated poverty level, lacking the resources to become self-supporting, and consisting of a dependent minor child or children living with a parent, stepparent or caretaker-relative; an "at-risk family" may include an unmarried minor parent and his or her dependent child or children who live in an adult supervised setting;
(b) "Barrier" means any fact, circumstance or situation that prevents a person from becoming self-sufficient or from seeking, obtaining or maintaining employment of any kind, including physical or mental disabilities, lack of education, testing, training, counseling, child care arrangements, transportation, medical treatment or substance abuse treatment;
(c) (b) "Beneficiary" or "participant" means any person parent or caretaker-relative in an at-risk family who receives welfare cash assistance for himself or herself for and family members; or for persons for whom he or she cares
(c) "Cash assistance" means temporary assistance for needy families or diversionary assistance;
(d) "Challenge" means any fact, circumstance or situation that prevents a person from becoming self-sufficient or from seeking, obtaining or maintaining employment of any kind, including physical or mental disabilities, lack of education, testing, training, counseling, child care arrangements, transportation, medical treatment or substance abuse treatment;
(d) (e) "Community or personal development" means activities designed or intended to eliminate barriers challenges to participation in self-sufficiency activities. These activities are to provide community benefit and enhance personal responsibility, including, but not limited to, classes or counseling for learning life skills or parenting, dependent care, job readiness, volunteer work, participation in sheltered workshops or substance abuse treatment;
(e) (f) "Department" means the state department of health and human resources;
(f) (g) "Division" means the division of human services;
(g) (h) "Income" means money received by any member of an at-risk family which can be used at the discretion of the household to meet its basic needs: Provided, That income shall not include earnings of minor children in school, payments received from earned income tax credit or tax refunds;
(h) (i) "Personal responsibility contract" means a written agreement entered into by the division and a beneficiary which establishes the responsibilities and obligations of the beneficiary;
(i) (j) "Secretary" means the secretary of the state department of health and human resources;
(j) (k) "Subsidized employment" means employment with earnings provided by an employer who receives a subsidy from the division for the creation and maintenance of the employment position;
(k) (l) "Support services" means, but is not limited to, the following services: Child care; medicaid; transportation assistance; information and referral; resource development services which is assisting families to receive child support enforcement and supplemental social security income; family support services which is parenting, budgeting and family planning; relocation assistance; and mentoring services;
(l) "Supported employment" means employment with earnings, after mandatory deductions, that provides a level of income that does not allow an at-risk family to exist independent of government support such that supplemental cash assistance, child care subsidies, food stamps, subsidized housing or other assistance may be provided as necessary for a period of time;
(m) "Unsubsidized employment" means employment with earnings
provided by an employer who does not receive a subsidy from the division for the creation and maintenance of the employment position ; after mandatory deductions, that provides a level of income that allows a family to become completely independent of government support
(n) "Welfare assistance" means aid to families with dependent children, food stamps or emergency assistance;
(o) (n) "Work" means unsubsidized employment, subsidized employment, employment with support, work experience or community or personal development; and
(p) (o) "Work experience" means unpaid structured work activities that are provided in an environment where performance expectations are similar to those existing in unsubsidized employment and which provide training in occupational areas that can realistically be expected to lead to unsubsidized employment.
§9-9-4. Authorization for program.
(a) The secretary shall conduct the West Virginia works program in accordance with this article and any applicable waivers from regulations promulgated by the secretary of the federal department of health and human services and the secretary of the federal department of agriculture or in accordance with federal block-grant funding or similar federal funding stream. This program shall be implemented to replace welfare assistance programs for at-risk families in accordance with this article and within federal requirements; to coordinate the transfer of all applicable state programs into the temporary assistance to needy families West Virginia works program; to expend only the funds appropriated by the Legislature to establish and operate the program or any other funds available to the program pursuant to any other provisions of the code or rules; to establish administrative due process procedures for revocation or termination proceedings; and implement such other procedures as may be necessary to accomplish the purpose of this article.
(b) Notwithstanding any provision of the law to the contrary, the secretary shall implement the West Virginia works program as soon as possible, but no later than three months after receiving federal waiver approval and sufficient funds.
(c) The secretary shall submit federal waiver proposals to permit this state to limit the duration of assistance to adults, increase the asset test to five thousand dollars, to disregard the restriction that limits the primary wage earner to working less than one hundred hours per month and to eliminate the requirement of recent attachment to the work force.
(d) (b) The secretary may establish the program as one or more pilot projects to test the policy being evaluated. Any pilot project so established is to be consistent with the principles and goals set forth in this article. The secretary shall determine the counties in which to implement the provisions of this program, considering a fair representation of both rural and urban areas, and may vary the program components to test the effectiveness, efficiency and fiscal impact of each prior to statewide implementation. The secretary shall structure the initial pilot program, or programs to include a minimum of fifteen percent of the state population that qualifies for aid to families with dependent children temporary assistance for needy families, or any successor program. The pilot program shall eventually include a minimum of fifteen percent of the participants eligible in other categories, as funds are available.
(e) (c) The West Virginia works program authorized pursuant to this act does not create an entitlement to that program or any services offered within that program, unless entitlement is created pursuant to a federal law or regulation. The West Virginia works program, and each component of that program established by this act or the expansion of any component established pursuant to federal law or regulation, is subject to the annual appropriation of funds by the Legislature. and the corresponding federal financial participation moneys
(f) On or before the first day of October, one thousand nine hundred ninety-six,
the secretary shall propose emergency rules in accordance with the provisions of section fifteen, article three, chapter twenty-nine-a of this code regarding the implementation of the pilot program, including, but not limited to, rules establishing requirements for participation in the program, and rules regarding the development, fulfillment and cancellation of personal responsibility contracts.
(g) The secretary shall propose rules in accordance with the provisions of chapter twenty-nine-a of this code necessary to accomplish all other purposes of this article, including, but not limited to, rules for the regulation of the West Virginia works program when expanded; rules establishing requirements for participation in the program; and rules regarding the development, fulfillment and cancellation of personal responsibility contracts: Provided, That such rules shall not be filed as emergency rules pursuant to section fifteen, article three of said chapter.
(h) (d) Copies of all rules proposed by the secretary shall also be filed with the legislative oversight commission on health and human resources accountability established pursuant to article twenty-nine-e, chapter sixteen of this code.
§9-9-5. West Virginia works program fund.
There is hereby created a special account within the state treasury to be known as the "West Virginia Works Program Fund". Expenditures from the fund shall be used exclusively to meet the necessary expenditures of the program, including wage reimbursements to participating employers, aid to dependent children cash grants temporary assistance to needy families, employment-related day child care payments, transportation expenses and administrative costs directly associated with the operation of the program. Moneys paid into the account shall be from specific annual appropriations of funds by the Legislature. and the corresponding federal financial participation moneys
§9-9-6. Program participation.
(a) Unless otherwise noted in this article, all adult recipients of welfare cash assistance shall be required to participate in the West Virginia works pilot program or pilot program, in accordance with the provisions of this article. The level of participation, services to be delivered and work requirements shall be defined within the terms of the personal responsibility contract and through rules established by the secretary.
(b) To the extent funding permits, any individual exempt under the provisions of section eight of this article may participate in the activities and programs offered through the West Virginia works program.
(c) Support services other than cash assistance through the works program may be provided to at-risk families to eliminate the need for cash assistance.
(d) Cash assistance through the works program may be provided to an at-risk family if the combined family income is below the income and asset test levels established by the division: Provided, That an at-risk family that includes a married man and woman and dependent children of either one or both may receive an additional cash assistance benefit in an amount ten percent greater than the cash assistance benefit provided to the same size household in which there are no married adults.
(e) The secretary shall promulgate legislative rules in accordance with article three, chapter twenty-nine-a of this code and administer the West Virginia works program to insure that no duplication of benefits occurs to the participants in the program. Participants may not receive benefits under the works program and at the same time and for the same time period also receive aid to families with dependent children or other forms of governmental assistance that are the same or similar to those granted in this article.
§9-9-7. Work requirements
.

Unless otherwise exempted by the provisions of section eight of this article, the West Virginia works program shall require that anyone who possesses a high school diploma, or its equivalent, or anyone who is of the age of twenty years or more, to work or attend an educational or training program for a minimum of twenty hours per week to receive any form of welfare cash assistance. In accordance with federal law or regulation, the work, education and training requirements of this section are waived for any qualifying participant if day care services are not available with a child under six years of age if the participant is unable to obtain appropriate and available child care services. In order for any participant to receive welfare cash assistance, he or she shall enter into personal responsibility contracts pursuant to the provisions of section nine of this article.
§9-9-8. Exemptions.
Participants exempt from the work requirements of the works program pursuant to the provisions of this section shall be required to develop a personal responsibility contract. The secretary shall establish by rule categories of persons exempt only from the work requirements of the program, which categories shall may include, but shall not be limited to, the following:
(a) A parent caring for a dependent child with a life- threatening illness;
(b) Individuals over the age of sixty years;
(c) Persons working in unsubsidized employment;
(d) (c) Full-time students that are less than twenty years of age and are pursuing a high school diploma or equivalent;
(e) Persons with a physical or mental incapacity as defined pursuant to the provisions of title forty-two of the Social Security Act and the regulations promulgated thereunder, 45 C.F.R. §233.90;
(f) Individuals suffering from a temporary debilitating injury for the duration of that injury. For purposes of this section, the injury must cause the temporary disability for more than thirty days;
(d) Persons with a physical or mental incapacity or persons suffering from a temporary debilitating injury lasting more than thirty days; as defined by the secretary;
(g) (e) Relatives providing in-home care for an individual that would otherwise be institutionalized; and
(h) (f) Any woman during the last trimester of pregnancy and the first six months after the birth of the child but in no case shall the woman be exempt from the work requirements for more than a total of six months: Provided, That, in the case of the birth of the first child to said woman after said woman first becomes a public cash assistance recipient, the woman shall may be exempt for the first two years after the birth of said child up to the time her child reaches twelve months of age.
§9-9-9. Personal responsibility contract.
(a) Every eligible adult beneficiary shall participate in a program orientation and the development, and subsequent revisions, of a personal responsibility contract. The contract shall be defined based on the assessed needs goals and challenges of the participant:
(1) If the participant has a recent attachment to the work force, the contract shall include provisions regarding required job search activities, identified support services, level of benefits requested and time limitation.
(2) If the participant does not have a recent attachment to the work force, the contract shall identify the evaluation or testing activities, and/or job training activities necessary prior to job search activities, identified support services, benefits requested and time limitation.
(3) If it is determined that the participant is not able to obtain or maintain gainful employment, the contract shall contain appropriate provisions defining the activities that benefit the participant, their family or their community.
(4) If the participant is a parent or caretaker-relative, The participant's contract shall include the requirement that the participant develop and maintain, with the appropriate health care provider, a schedule of preventive care for their dependent child, including routine examinations and immunizations; nutrition counseling; assurance of school attendance for school age children under their care; assurance of properly supervised child care, including after-school care; and establish paternity or actively pursue child support, or both, if applicable and if deemed necessary, nutrition or other counseling, parenting or family planning classes.
(5) If the participant is a parent or caretaker-relative who must remove barriers overcome challenges prior to employment, the contract shall include a list of the identified barriers challenges and an individual plan for removing overcoming the same.
(6) If the participant is a teenage parent, the participant may work, and but the contract shall include the requirements that the participant:
(A) Remain in an educational activity to complete high school, obtain a general equivalent diploma or obtain vocational training and make satisfactory scholastic progress; without incurring any disciplinary actions
(B) Attend parenting classes or participate in a mentorship program, or both if appropriate; and
(C) Live at home or in other adult supervised arrangements if they are unemancipated minor parents.
(7) If the participant is under the age of twenty years and does not have a high school education or its equivalent, the contract shall include requirements to participate in mandatory education or training, which if the participant is unemployed, may include a return to high school if the participant is unemployed and to make with satisfactory scholastic progress. and without incurring any disciplinary actions
(b) In order to receive cash assistance the participant shall have up to thirty days from approval of application to develop the enter into a personal responsibility contract. If the participant refuses to sign the personal responsibility contract, the department shall stop all benefits and services until the participant complies with this section the participant and family members shall be ineligible to receive cash assistance.
(c) Personal responsibility contracts shall be drafted by the division on a case-by-case basis; take into consideration the individual circumstances of each beneficiary; reviewed and reevaluated not less often than every two years; and, in the discretion of the division, amended or extended on a periodic basis.
§9-9-10. Participation limitation; exceptions.
The length of time a participant may receive cash assistance through the West Virginia works program benefits shall be defined in the personal responsibility contract: Provided, That no participant may receive benefits for a period longer than sixty months, except in circumstances as defined by the secretary.
§9-9-11. Breach of contract; notice; sanctions.
(a) The division may refuse to extend or renew a personal responsibility contract and the benefits received by the beneficiary, or may terminate an existing contract and benefits, if the division finds any of the following:
(1) The employment of fraud or deception by the beneficiary in applying for or receiving program benefits;
(2) A substantial breach of the requirements and obligations set forth in the personal responsibility contract;
(3) A violation of any provision of the personal responsibility contract, this article, or any rule promulgated by the secretary pursuant to this article.
(b) In the event the division determines that a personal responsibility contract or the benefits received by the beneficiary are subject to revocation or termination, written notice of the violation, revocation or termination shall be deposited in the United States mail, postage pre-paid and addressed to the beneficiary at his or her last known address fourteen thirteen days prior to such termination or revocation. Such notice shall state the action of the division, its reason or reasons for such termination and grant to the beneficiary a reasonable opportunity to be heard at a fair and impartial hearing before the division in accordance with administrative procedures established by the division and due process of law.
(c) In any hearing granted pursuant to the provisions of this section, the beneficiary shall maintain the burden of proving that his or her benefits were improperly terminated and shall bear his or her own costs, including attorneys fees.
(d) The secretary shall determine by rule de minimis violations and those violations subject to sanctions and maximum penalties. In the event the division finds that a beneficiary has violated any provision of this article, of his or her personal responsibility contract or any applicable division rule, the division shall impose sanctions against the beneficiary as follows:
(1) For the first noncompliance, a one- third reduction of benefits for three months;
(2) For the second noncompliance, a two-thirds reduction in benefits for three months; and
(3) For the third noncompliance, a termination of benefits for six months.
(e) For any sanction imposed pursuant to subsection (d) of this section, if compliance occurs within ten thirteen days of the date of the notice of the sanction, the reduction in benefits shall not be imposed, but the noncompliance shall count in determining the level of sanction to be imposed for any future noncompliance. Once a reduction in benefits is in effect, it shall remain in effect for the entire three months designated time period: Provided, That if a participant incurs a second noncompliance sanction during the time period of an imposed first noncompliance sanction, the sanctions shall run concurrently at the second noncompliance sanction rate: Provided, however, That if during the time period of an imposed second noncompliance sanction, a third noncompliance occurs, the third noncompliance sanction shall be imposed and the participant's benefits shall be terminated. A reduction of benefits applies to both cash assistance and support services. If benefits are terminated, benefits may shall not be provided until after the six month time period and the noncompliance that caused the termination has been rectified or excused.
§9-9-12.
Diversionary assistance allowance in lieu of monthly cash assistance.

(a) In order to encourage at-risk families not to apply for ongoing monthly cash assistance from the state, the secretary may issue one-time emergency diversionary assistance allowances to families in an amount not to exceed three months of cash assistance in order to enable such families to become immediately self-supporting: Provided, That receipt of such allowance, regardless of amount, shall count as three months of the sixty months designated under the provisions of section ten of this article.
(b) Except as otherwise provided by this section, all emergency assistance allowances shall be issued with a repayment schedule determined on a case-by-case basis by the division.
(c) If within one year of receiving such assistance an at- risk family subsequently applies for monthly cash assistance, the division shall recoup the amount remaining unpaid on the allowance from future monthly cash assistance payments at the monthly rate of ten percent of the monthly cash assistance payment for a period not to exceed twenty-four months.
(d) One half of the amount of any emergency assistance allowance may be forgiven after a recipient has been employed in unsubsidized employment for one year after the date of receipt of the allowance. The full amount of the allowance may be forgiven after the recipient has been employed in unsubsidized employment for two years after the date of the receipt of the allowance.
(e) (b) The secretary shall establish by rule the standards to be considered in making emergency diversionary assistance allowances. developing repayment schedules and qualifications for allowance forgiveness
(f) (c) Nothing in this section shall be construed to require that the division or any assistance issued pursuant to this section be subject to any of the provisions of chapter thirty-one or chapter forty-six-a of this code.
§9-9-15. Interagency coordination.
The Legislature encourages the development of a system of coordinated services, shared information and stream-lined application procedures between the program and the other agencies within the department to implement the provisions of this article. The secretary shall require the coordination of activities between the program and the following agencies:
(a) The child support enforcement division for the purpose of establishing paternity, promoting cooperation in the pursuit of child support, encouraging noncustodial parents to get job search assistance and determining eligibility for cash assistance and support services;
(b) The bureau of public health for the purpose of determining appropriate immunization schedules, delivery systems and verification procedures; and
(c) The bureau of medical services for the purpose of reporting eligibility for medical assistance and transitional benefits.
The secretary may require the coordination of procedures and services with any other agency he or she deems necessary to implement this program: Provided, That all agencies coordinating services with the division shall, when provided with access to division records or information, abide by state and federal confidentiality requirements including the provisions of section twenty of this article.
The secretary shall propose any rules, including emergency rules, necessary for the coordination of various agency activities in the implementation of this section.
§9-9-18. Relationship with other law.
If any provision of this article conflicts with any other provision of this code or rules, the provisions of this article shall supersede such provisions: Provided, That the provisions of this article shall not supersede any provisions which are required or mandated by federal law.
Any reference in this code or rules to "aid to families with dependent children" means "temporary assistance for needy families" or any successor state program funded under part A, Title IV of the Social Security Act.
§9-9-20. Confidentiality, fines and penalties.
(a) Except as otherwise provided in this code or rules, all records and information of the department regarding any beneficiary or beneficiary's family members shall be confidential and shall not be released, except under the following circumstances:
(1) If permissible under state or federal rules or regulations;
(2) Upon the express written consent of the beneficiary or his or her legally authorized representative;
(3) Pursuant to an order of any court based upon a finding that said information is sufficiently relevant to a proceeding before the court to outweigh the importance of maintaining the confidentiality established by this section: Provided, That all confidential records and information presented to the court shall after review be sealed by the clerk and shall not be open to any person except upon order of the court upon good cause being shown therefor; or
(4) To a department or division of the state, pursuant to the terms of an interagency agreement.
(b) Any person who knowingly and willfully releases or causes to be released the confidential records and information described in this section, except under the specific circumstances enumerated in this section, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in the county or regional jail for not more than six months, or both.
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(NOTE: The purpose of this bill is to amend the West Virginia Works Act to comply with federal requirements, to provide confidentiality for information and to impose fines and penalties for unauthorized release of that information.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§9-9-20 is new; therefore, strike-throughs and underscoring have been omitted.)
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FINANCE COMMITTEE AMENDMENTS


On page ___, section three, line ___, by striking out the words "and no subsidy to employer" and inserting in lieu thereof the words "provided by an employer who does not receive a subsidy from the division for the creation and maintenance of the employment position";
On page __, section four, line ___, by striking out the word "act" and inserting in lieu thereof the word "article";
On page ___, section ten, lines ___ through ___, by striking out the words "legislative rule pursuant to the provisions of article three, chapter twenty-nine-a of this code" and inserting in lieu thereof the words "the secretary";
On page ___, section eleven, line ___, by striking out the words "contract of responsibility" and inserting in lieu thereof the words "responsibility contract";
On page ___, section eleven, lines ___and ___, by striking out the words "contract of responsibility" and inserting in lieu thereof the words "responsibility contract".
And,
On page___, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 430--A Bill to amend and reenact sections two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, fifteen and eighteen, article nine, chapter nine of the code of West Virginia, one thousand nine hundred thirty- one, as amended; and to further amend said article by adding thereto a new section, designated section twenty, all relating to conforming the West Virginia works act to federal requirements; legislative findings; defining terms; removing obsolete language relating to program implementation, wavier proposals and emergency rules; removing requirement that rules be promulgated in accordance with administration procedures act; changing work exemption for new mothers; requiring personal responsibility contract be signed before receipt of cash assistance; diversionary assistance allowances; providing for confidentiality of information; and fines and criminal penalties for unauthorized release of confidential information.


Adopted
Rejected


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