Funding for people with disabilities still in limbo despite May special session focus

Families and advocates attended a rally Sunday, April 14, 2024, at the West Virginia Capitol and called on the governor and lawmakers to restore funding to a waiver program that serves people with disabilities. (Amelia Ferrell Knisely | West Virginia Watch)

State funding for people with disabilities remains in limbo despite lawmakers passing a bill during the May special legislative session meant to bolster the line item.

On Thursday, Gov. Jim Justice indicated the funding could be restored later this year.

The state’s waiver program helps adults and children with intellectual and developmental disabilities (known as IDD) receive in-home help to safely shower, eat and more.

“Families are still concerned, and we’re feeling a little defeated,” said Christy Black, advocacy specialist for the West Virginia Developmental Disabilities Council. “ These really are our most vulnerable people, and people who don’t have a voice for themselves.”

Lawmakers slashed millions of dollars for IDD funding in March as they tried to trim the state budget amid a potential federal clawback of dollars.

In response, Justice called lawmakers back to Charleston in May specifically to address the funding gap.

The bill , which followed a tense standoff between the House of Delegates and Senate, didn’t require the Department of Human Services to spend roughly $180 million on its waiver program for people with intellectual or developmental disabilities.

Instead, it put the money in a reserve for department leaders to dip into for limited reasons when needed.

“You’ve just gotta stay tuned a little bit longer,” Justice said in response to a question from West Virginia Watch during a press conference . “I think you’ll see some new news come out in regards to IDD and funding for folks [who] are very, very deserving.”

Disability advocates and many lawmakers — particularly in the House of Delegates — hoped that DoHS would use its funds to increase the Medicaid reimbursement rate.

The state uses state and federal money from Medicaid to reimburse private companies that employ direct care workers, including those who help individuals with disabilities or elderly residents.

Some IDD patients rely on direct care workers for transportation, Black explained.

“Otherwise, you’re pretty much trapped at home,” she said.

An increase in the reimbursement rate would allow companies to boost workers’ wages.

Del. Amy Summers said DoHS Secretary Cynthia Persily was considering changes to the reimbursement rate beginning Oct. 1, echoing Justice’s comments that changes are likely.

“I feel pretty confident,” said Summers, R-Taylor. “We expressed our desire for this to happen because we know if the rate isn’t increased and they can’t pay people more money, then we know [companies are] going to close. We know we need our residents taken care of.”

A DoHS spokesperson did not respond to emailed requests for comment on this story.

Summers attempted to secure raises for direct care workers during the regular legislative session; Senate members weren’t keen on giving more money to DoHS due to concerns over misspending and transparency .

Care workers now earn around $11 an hour, and West Virginia’s reimbursement rate is well below other states.

A 2023 survey by the health department — paid for by state dollars — said West Virginia needed to increase its rate of reimbursement and the worker salary range to $15.50-$18.60 per hour.

Companies that staff in-home workers have told state leaders that they won’t be able to remain in business due to the state’s low Medicaid reimbursement rate.

There’s already a worker shortage, which has resulted in more people with disabilities ending up in psychiatric care facilities. Facilities can cost the state hundreds of dollars more per patient than in-home care or a community placement.

Lawmakers are expected to gather in August for another special session this year. Justice has indicated he’d like the Republican-led Legislature to i mplement further cuts to the state’s personal income tax and consider his plan for a child-care tax credit.