FISCAL NOTE
Date Requested: January 11, 2024
Time Requested: 09:58 AM |
| Agency: |
Human Services, WV Department of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1375 |
Introduced |
HB4235 |
|
|---|
| CBD Subject: |
|
|---|
|
FUND(S):
8723 Cons Fed Funs Consolidated Medical Services Fund, 0403 - Div of Human Services General Admin Fund
Sources of Revenue:
Other Fund Federal
Legislation creates:
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
The Department cannot estimate a fiscal impact due to the overall vagueness of this Legislation.
The elements of programming to capture the data needed is incalculable at the present time due to vagueness.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2024
Increase/Decrease
(use"-") |
2025
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):
For the purposes of this Bill, the Department would need additional information to provide a reasonable estimate to the fiscal impact. Specifically, the Department would need the number of individuals convicted of felony offense related to the possession, sale, or distribution of crack cocaine from 1980 to the present; the specific services needed, eligible individuals and current status of those individuals to know whether or not they are already receiving services from the Department or what they may qualify for.
This bill mandates that the Department provide the following services:
(1) Admission into a substance abuse center or residential treatment;
(2) Expungement of any drug offense not involving an act of violence;
(3) Any social, behavioral, family, marriage, psychological, or financial counseling;
(4) Free admission or a tuition waiver for community college or vocational-technical school; and
(5) Waiver of any legal fees for family court.
The Department is not a direct service provider for the services included in the listing and has concerns with its ability to implement the statute as written for the following reasons: (1) The Department is not a provider of substance abuse or residential treatment and the external organizations who do provide those services, as well as insurers who may pay for those services, have defined admission criteria for individuals receiving services. If it is the intent of the statute for the Department to pay for those services, the Department would prioritize existing programs and admission criteria to allow for individuals to receive services; (2) The Department does not have the authority to expunge the court records of individuals with drug offenses; (3) The Department is not a direct provider of counseling services but if it is the intent of the statute for the Department to fund, the Department would seek to prioritize existing programs to allow for individuals to receive social, behavioral, family, marriage, psychological, or financial counseling. The individuals may need to meet specific eligibilty requirements for current programming or the full costs would be charged to the state; (4) The Department does not have authority to provide free admission or a tuition waiver for community college or vocational-technical school, however there are tuition-free options at WV Community and Technical Colleges for state residents. The Department would prioritize existing programs and work to develop collaborations to allow for individuals to attend those educational institutions; and (5) The Department does not have the authority to waive legal fees for family court.
The elements of programming to capture the data needed is incalculable at the present time due to vagueness.
Memorandum
Duplicative language at page 1, ยง9-11-3. Prospective application only, Last sentence - "Benefits are prospective only."
The fiscal note is technically flawed as section 9-11-2 (a) conflicts with existing code. The Department of Health and Human Resources became three departments effective January 1, 2024.
HB4325 Section 9-11-2 (b) indicates "Eligible persons may not be required to disclose any drug-related felony conviction on any rental application or any application for SNAP benefit". This appears to be in conflict with the existing policy. Current policy requires an individual to self report felonies, per federal regulation. Disqualification of individuals is based on policy.
Person submitting Fiscal Note: Cynthia A. Persily, Cabinet Secretary
Email Address: dhhrbudgetoffice@wv.gov