West Virginia

Task Force

An executive order in September 2000 created the West Virginia Olmstead Task Force. The task force originally was charged with developing a comprehensive plan by June 30, 2001, but another executive order extended the timeline to Dec. 31, 2001. As of October 2002, NCSL analysts had not received the report. The governor's office reviewed the plan in early 2002, and proposed revisions. The task force does not anticipate any further action on the report until 2003.

Implementation

There was no legislation in 2002 related to the Olmstead decision.

Shortly after the Olmstead decision, the U.S. District Court ruled in Benjamin H. V. Ohl. The court found West Virginia's practice of limiting home and community-based service waivers to those with an emergent need to be a violation of the due process and equal protection requirements of the Medicaid Act and the ADA. The Court ordered that individuals on the waiting lists receive services within 90 days of determination of their eligibility. In addition, waiting lists must move at a reasonable pace. As a result of this decision, state officials established a centralized process to review the waiting lists at the 14 community mental health facilities and the four community developmental disability centers and agreed to increase the number of people served.

West Virginia's Department of Health and Human Resources received a $551,678 Nursing Facility Transitions Grant. The money is being used to increase information on community resources, supports, and services to enhance informed choices for community living for people with disabilities or those with long-term care needs; and to identify people who wish to make the transition from nursing facilities into communities. The state also will identify barriers in Medicaid/Medicare service plans and waiver programs and recommend changes to support community living, implement transitional support models, and evaluate cost effectiveness and consumer satisfaction.