Committee adopts substitute for SB 128 narrowing court-ordered excess payments for adult services

A Senate committee adopted a committee substitute for Senate Bill 128 and voted to report the measure to the full Senate with a recommendation that it pass.

Committee counsel said the revised substitute restores provisos in subsections A and B of Section 108 and adds language allowing a court to award payment in excess of either the Medicaid rate or the Department of Human Services’ (DHS) negotiated rate in limited circumstances. Under the revised substitute, services rendered to adults generally could not be paid at rates in excess of the Medicaid or DHS‑negotiated rates; the change was described as striking a balance between ensuring children receive necessary services and preventing overcharging in adult services.

Counsel told the committee the revisions were the product of post‑meeting discussion among senators and staff who stayed after the prior day’s session to craft language addressing concerns about children’s access to services and the department’s concerns about “unnecessary use of the judicial tool of excess payments.”

The vice chair moved to report the committee substitute to the full Senate with a recommendation that it do pass; the motion was approved by voice vote and the chair declared the motion adopted. Several senators praised the substitute as a potential cost saver for the state while maintaining services: “This will prove to be a significant savings for the state of West Virginia, I believe, while not compromising service in any respect,” the chair said.

The substitute will now go to the full Senate for consideration.