Date Requested:February 15, 2013
Time Requested:03:16 PM
Agency: Health and Human Resources, Department of
CBD Number: Version: Bill Number: Resolution Number:
2013R1216 Introduced HB2131
CBD Subject: PUBLIC NOTICE AND PLAN
FUND(S)
0403 - Div of Human Services General Admin Fund; 8722 - Cons Federal Funds Div 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 require public notice of amendments to the State's Medicaid program, waiver applications, changes to reimbursement and demonstration projects; to provide for a public comment period and response; and to require approval by the Legislative Oversight Commission on Health and Human Resource Accountability prior to submission for federal approval. Although it is estimated that there would be considerable administrative costs to implement the requirements of the legislation, the fiscal impact cannot be determined (see Memorandum section).
    The Department estimates that there would be considerable administrative costs to implement the requirements of the legislation, however, the fiscal impact cannot be determined (see Memorandum section)
    

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2013
Increase/Decrease
(use"-")
2014
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):
    


Memorandum
Person submitting Fiscal Note:
Rocco S. Fucillo
Email Address:
dhhrbudgetoffice@wv.gov
    The Department of Health and Human Resources' Bureau for Medical Services (BMS) currently complies with all Federal laws with respect to public notice for State Plan Amendments, which are also made available publicly as part of the Medical Services Fund Advisory Council. Currently BMS' 1915(c) Waiver applications are available on the website for public comment, and the Bureau is moving toward improved capabilities with respect to publishing information on its website. Section (i) requires BMS to respond publicly to all comments, however, it is unclear how "publicly" is defined. Also, in section (i), it indicates LOCHHRA approval of State Plan Amendments "where applicable", however, it is unclear how "where applicable" is defined. It is unclear which State Plan Amendments would require approval as section (i) indicates "where applicable" and section (k) indicates that the filing with the federal government would be upon approval by LOCHHRA (which could indicate that all State Plan Amendments require LOCHHRA approval before filing with the federal government).
    The legislation provides for processes that could delay the implementation of changes to programs and policies.