State & Local Reports

The objectives of this review are to determine if the Board of Barbers and Cosmetologists should be continued, consolidated or terminated, and if conditions warrant a change in the degree of regulations. In addition, this review is intended to assess the Board’s compliance with the general provisions of Chapter 30, Article 1 of the West Virginia Code, the Board’s enabling statute, and other applicable rules and laws such as the Open Governmental Proceedings and purchasing requirements. Finally, it is the objective of the Legislative Auditor to assess the Board’s website for user-friendliness and transparency. PERD finds the regulation of the barbering and cosmetology professions, as well as salons, is needed to protect the public; however, several options exist for the regulatory structure that may improve its operation.

Legislative leadership commissioned a study to gauge the issues and needs of state-owned laboratory testing facilities. Nearly all the State’s laboratory testing programs are in facilities dating back to the middle of the last century. Not only are they relatively old, but many were not constructed for lab testing purposes. Each of the State’s lab testing programs do not have sufficient lab space in their current facilities, and no facility upgrades or remodeling have occurred to maintain modern standards.

The legislative auditor commissioned a study to gauge the use, effectiveness, and benefits of telework as it was used by the West Virginia executive branch in response to the COVID-19 pandemic. PERD staff surveyed the 139 state agencies to gain an understanding on the transition to telework. One hundred twelve (112) agencies responded. PERD also interviewed nine state agencies to obtain details on their telework experience as they returned to the workplace.

PERD’s objectives were to provide information on the unprecedented number of unemployment claims filed in response to the COVID-19 pandemic, the amount paid in fraudulent claims, and the causes for many fraudulent claims being paid. WorkForce West Virginia paid nearly $83 million in fraudulent unemployment claims during the COVID-19 pandemic. The total number of unemployment claims processed by WorkForce increased from 52,816 in CY 2019 (pre-pandemic) to 457,399 in CY 2020. WorkForce’s claims process was not designed for the unprecedented number of claims received, and the allowances of self-certification of federal pandemic unemployment assistance program claims.

The objective of this review was to determine the status of the Office of Drug Control Policy’s strategic plan. PERD’s analysis of the 2019 Substance Use Response Plan draft found that it does not adequately address the mandated requirements to reduce the prevalence of tobacco use. The goals, strategies, and objectives of the 2019 SPlan lack specific, measurable performance benchmarks with which to gage adequate progress towards meeting the mandate of reducing the prevalence of drug and alcohol abuse and smoking by at least 10 percent.

PERD conducted this follow-up review of its September 2007 report on the study of statutory legal advertisements. One objective of this study was to follow-up on PERD’s September 2007 report related to statutorily required legal advertisements and the costs incurred as a result of them to state agencies, county government agencies, county boards of education, public institutions of higher education, and the 10 most populous municipalities. An additional objective included determining the estimated costs for developing and maintaining a government website with a centralized repository where legal advertisements for all governmental entities could be placed. After surveying 22 state agencies and subdivisions, all 55 county governments, subdivisions, and county boards of education, all 19 public institutions of higher education, and the 10 most populous municipalities, the Legislative Auditor determined that these entities combined paid more than $4.6 million in FY 2019 to publish statutorily required legal advertisements in qualified newspapers.

The objectives of this review are to determine how Sharpe Hospital was impacted after losing certification from the Centers for Medicare and Medicaid Services (CMS), and whether the hospital complies with the Americans with Disabilities Act (ADA). In September 2017, Sharpe’s CMS certification was revoked as a result of deficient patient treatment plans. The resulting consequences included a decrease in revenue, an increase in expenditures, significant changes to the patient population, and the implementation of new employment standards that led to notable turnovers within the hospital. Sharpe has demonstrated the ability to correct internal deficiencies; however, maintaining compliance with federal hospital guidelines remains imperative to avoiding a repeat loss of CMS certification. The most recent CMS survey of Sharpe Hospital, dated August 14, 2019, did not find any ADA-related deficiencies.

The objectives of this review are to assess the Board’s compliance with the general provisions of Chapter 30, Article 1, of the West Virginia Code and the Board’s enabling statute; determine if the Board's rules and regulations protect the public; and, determine if the Board’s office location is generally accessible to state citizens with special needs as it relates to selected guidelines from the American with Disabilities Act (ADA). The second objective considers consolidation of smaller West Virginia Chapter 30 boards previously cited by PERD in the past for lack of segregation of duties into a multi-professional and occupation board. Finally, it is also the objective of the Legislative Auditor to assess the Board’s website for user-friendliness and transparency. PERD finds that the Board complies with most general provisions of Chapter 30 and that many other small boards could benefit from improved operations and efficiency through the development of a multi-professional agency. The Board's website needs improvements to enhance user-friendliness and transparency.

This letter-report is a response to the Joint Committee on Government Organization and Operations' request that PERD review whether the Board of Physical Therapy is allowing licensed physical therapists to perform dry needling and auricular acudetox therapy. There is also concern that the Board may not require the individuals to post a certificate or license which indicates training in either modality. The Board is of the opinion that dry needling is within the scope of practice of a West Virginia licensed physical therapist; however, it does not offer dry needling training or certification, nor does it know how many are certified within the state. The Board reports that physical therapists do not perform acupuncture but they do perform manual techniques in auricular therapy.

The two objectives of this audit are to assess the State Police’s purchasing policies and procedures pursuant to W. Va. Code for 2018 and 2019. Since receiving its requested exemption from the Purchasing Division in July 2017, PERD finds that the State Police has not developed formal written purchasing policies and procedures. PERD sampled State Police transactions from calendar year 2018 to review for compliance with its limited purchasing procedural guidelines. PERD found that there were few sampled transactions that were in complete compliance with the agency’s limited guidelines. The lack of compliance is attributed to a lack of clear written policies and procedures, and enforcement of those procedures. The State Police’s current purchasing practices increase the risk of waste, fraud, and abuse.