West Virginia: H.B. 2885 Talking Points

The issue:

Since the beginning of the MR/DD Waiver program in WV, family members have been able to be the provider of Residential Habilitation services to their family member receiving MR/DD Waiver services. Agencies have typically not been able to hire other staff in most areas of the state to meet the need. This was not a problem when agencies contracted with family members to be the service provider. However, agencies have now determined that the Department of Labor regulations prohibit them from contracting for services and are in the process of making family members employees of the agency, rather than contractors.

The guardianship statute, as written, prohibits guardians/conservators being paid to provide services to the individual for whom they are the guardian/conservator.

· Approximately 4,482 people are currently served by the MR/DD Waiver program
· Of those, at least 1,375 families will be affected by the Guardianship issue because they are a guardian/conservator of the individual for whom they have been providing service
· Agencies have always had trouble hiring enough direct care staff to serve Waiver recipients, and do not have enough staff to fill the need that will exist if the language in the statute is not changed

H.B. 2885 would make two exceptions to this prohibition:

o When a family member seeks to be appointed guardian/conservator they could make written disclosure of the employment arrangement to the court and get the court’s approval; or
o If the family member has already been appointed
guardian/conservator of the Waiver recipient, the court would be made aware of the employment in writing.

Source:
Guardianship – H.B. 2885Talking Points