FISCAL NOTE

Date Requested: February 21, 2025
Time Requested: 02:29 PM

1731	Introduced	HB2771
Agency:	Rehabilitation Services, WV Division of
CBD Number:	Version:	Bill Number:	Resolution Number:
CBD Subject:

FUND(S):

N/A

Sources of Revenue:

General Fund

Legislation creates:

Fiscal Note Summary

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

The purpose of HB 2771, in part, is to provide for fair pay and maximized employment of disabled persons; create a state "Employment First" policy that encourages agencies to facilitate employment of disabled persons; and remove current exemption for paying minimum wages to persons in nonprofit workshops. To this end, DRS is already conducting activities of this nature in its mission to enable and empower individuals with disabilities to work and to live independently by providing individualized services to consumers and employers, consistent with consumers' informed choice. Additionally, DRS's Director and other staff currently serve on the existing Employment First Task Force established by the WV Legislature in 2019. DRS uses an "Employment First" approach with consumers, actively moving with them toward a goal of competitive, integrated employment. Likewise, DRS is in compliance with the Workforce Innovation and Opportunity Act (WIOA) regarding efforts to minimize non-integrated Sheltered Workshop and subminimum wage employment for individuals with disabilities by providing the individuals employed at such Workshops with information regarding competitive, integrated employment and vocational rehabilitation (VR) services. As of February 2025, there are an estimated fewer than five individuals with disabilities employed at subminimum in Sheltered Workshops in the State of West Virginia. To establish a taskforce for the purpose of developing recommendations on implementation of an Employment First Policy, DRS will be expected to spend zero additional dollars. The financial impact for agencies, including DRS, of the implementation of a joint Employment First Policy and plan would be determined following the establishment of the taskforce, pursuant to HB 2771. Current DRS practice is to involve the Department of Education, the Department of Health, the Department of Human Resources, and Workforce to the extent possible in serving individuals with disabilities. Over the past four years, DRS has facilitated training opportunities for partner agencies to gain an understanding of services provided to achieve the goal of competitive integrated employment for individuals with disabilities. Note this PARTIAL Fiscal Note highlights the projected costs to DRS following the passage of HB 2771. Additional costs to other agencies and contributors to the proposed taskforce cannot be ascertained by DRS at this time. Concerning Employment First Initiatives: DRS has created several new services based on Benefits Counseling, that will allow CRPs to with individuals who are navigating the complexity of gainful employment and their benefits. The CRPs will be required to train to become credentialed, and these services are targeted to begin in 2025. The Task Force believes that these new services will help a lot of individuals who may be experiencing, or have the potential to experience, the hardships and confusion that often occurs for people who want to work while maintaining their health insurance benefits. In 2024, DRS developed a Tier based fee for service for Supported Employment. Tier based fee for service encourages DRS approved CRP Providers to obtain education and certification to enhance the quality of Supported Employment service delivery to DRS Consumers. CRP Providers are reimbursed based on credentialing relative to three separate Tiers: 1. Non Credentialed-Approved CRP Provider DRS 2. ACRE (Association of Community Rehabilitation Educators) Credentialed-Approved CRP Provider DRS 3. CESP (Certified Employment Support Professional) Credentialed-Approved CRP Provider DRS Tier 1 is an approved CRP Provider meeting the requirements of DRS. All approved CRP Providers must continue certification with DRS through internal controls and continued programmatic evaluation by the DRS CRP Unit. Tier 2 in addition to Tier 1 - (ACRE) a national organization that focuses on improving employment services for people with disabilities. ACRE’s mission is to promote competency-based training for employment service professionals. The ACRE credential requires initial training and continued membership with ACRE. Tier 3 in addition to Tier 1 and Tier 2 - (CESP) is the premier reimbursement Tier, and is indicative that the CRP has completed the CESP credential; which recognizes individuals who have demonstrated a sufficient level of knowledge and skill to provide integrated employment support services to individuals with disabilities. CESP Credentialing requires knowledge demonstration through examination and continuing education to maintain the CESP credential.

Fiscal Note Detail

Effect of Proposal	Fiscal Year
Effect of Proposal	2025 Increase/Decrease (use"-")	2026 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

Explanation of above estimates (including long-range effect):

Under HB 2771, the estimated cumulative cost to the WV Division of Rehabilitation Services (DRS) is zero additional dollars. DRS is unable to estimate any change in cumulative revenue to the State.

Memorandum

DRS is already conducting activities of this nature in its mission to enable and empower individuals with disabilities to work and to live independently by providing individualized services to consumers and employers, consistent with consumers’ informed choice.

Person submitting Fiscal Note: MIchelle James
Email Address: Michelle.D.James@wv.gov