Date Requested:January 11, 2012
Time Requested:03:34 PM
Agency: Health and Human Resources, Department of
CBD Number: Version: Bill Number: Resolution Number:
2012R1080 Introduced SB44
CBD Subject: WV OPT OUT OF FEDERAL STATUTE
FUND(S)
8722 - Cons Federal Funds Div Human Services Gen Admn Fund; 0403 - Division of Human Services Gen Admin Fund
Sources of Revenue
General Fund,Other Fund Federal
Legislation creates:
Neither Program nor Fund

Fiscal Note Summary

Effect this measure will have on costs and revenues of state government.

    The purpose of this bill is to permit the state to opt out of federal statute that would otherwise not allow an individual living in the state who has been convicted of a felony involving a controlled substance from receiving certain benefits provided by the Social Security Act and the Food Stamp Act.
    As written, the proposed legislation could increase the number of individuals eligible for Medicaid, as well as those receiving Supplemental Nutrition Assistance Program (SNAP) benefits. However, the cost associated with the increase to Medicaid cannot be determined from the information available (see Memorandum Section), while any increase in SNAP benefits would be 100 percent federally funded.
    
    Title 21 United States Code (d)(1)(A) states that - "A state may, by specific references in a law enacted after August 22, 1996, exempt any or all individuals domiciled in the State from the application of subsection (a) of this section", allowing states to limit or remove ban of those denied due to certain drug-related convictions.
    

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2012
Increase/Decrease
(use"-")
2013
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
3. Explanation of above estimates (including long-range effect):
    This bill would remove prohibitions on eligibility for Supplemental Nutrition Assistance Program (SNAP) benefits, expanding the number of persons eligible. The SNAP program is 100 percent federally funded so no additional General Revenue funds would be required. However, the Medicaid Program requires a state match to the federal funds, thereby resulting in an increase cost to the State.


Memorandum
Person submitting Fiscal Note:
Michael J. Lewis, M.D., Ph.D.
Email Address:
dhhrbudgetoffice@wv.gov
     If WV were to opt out of the Federal requirement as described in the proposed legislation, it would make individuals who are currently not eligible to enroll in Medicaid (due to the restrictions outlined in the Federal statute) newly eligible for Medicaid. This would increase costs of the Medicaid program, however those costs cannot be quantified because the number of individuals who would otherwise be eligible (except for the felony conviction involving a controlled substance) cannot be determined. Additionally, the Medicaid services that would be utilized by that population are not known. A State Plan amendment would be required to adopt this eligibilty category.