State & Local Reports

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 adhering to its procedural rule which requires the Board to receive and investigate complaints against registered athletic trainers, as well as, to administer discipline when warranted. PERD reviewed the Board's complaint logs calendar years 2011-2019, reviewed a sample of complaint files, and questioned the Board regarding the complaint process. Since 2011, there were 67 complaints filed against either physical therapists or physical therapist assistants, but none filed against athletic trainers.

The objective of this report was to review the OCME's current methods for retaining remains and any legal authority it may have to plan for their disposition. Current operating procedure is to store remains with evidentiary value in frozen storage and those without evidentiary value as cremated remains, but no written policy and procedure exists. Both unidentified and unclaimed remains must be retained indefinitely by the OCME at its main facility. The Legislative Auditor concludes that the OCME lacks adequate statutory authority to arrange for the final disposition of decedent remains in its long-term custody.

PERD’s primary objective was to assess the Bureau of Senior Services’ response to a January 2014 PERD report recommendation to consolidate 10 ADR Centers into 1 ADR Center. One ADR Center, operated by the Bureau from its administrative office in Charleston, would free an additional $225,000 to $305,000 in lottery funds annually for other services the Legislature deems beneficial to citizens of the state (W. Va. Code §29-22-18). Reducing the number of ADR Centers to one does not reduce the State’s capacity to streamline access to the service that is primarily supplied via the telephone.

The Legislative Auditor directed The Performance Evaluation and Research Division (PERD) to evaluate allegations, pursuant to Chapter 4, Article 2, Section 5 of the West Virginia Code, after PERD received complaints from the public and licensees stating that the Board was not following W.Va. Code which requires a public hearing or public comment period be held when the Board adopts new editions of the Uniform Standards of Professional Appraisal Practice (USPAP). A legal opinion determined that a public hearing or public comment period is required prior to adoption of an amended version of USPAP. After review, the Board has not complied with W.Va. Code since 2009.

The objective of this review was to determine if the Hospital Finance Authority has internal controls to ensure compliance with state rules and W. Va. Code. The Authority is at a higher risk for fraud and abuse because the agency cannot properly segregate duties with one employee nor provide adequate employee oversight. The Hospital Finance Board has not established control activities for operational processes, resulting in non-compliance with the State Travel Rule, improper leave use, and overpayments to the State Treasurer’s Office.

The objectives of this update are to determine to what extent the DOA responded to the eight recommendations made in the September 2015 PERD report on the GSD, and to assess the agency’s overall financial condition as of fiscal year 2021. PERD found that while the GSD is moving in the right direction, and its financial situation is improving, the legislative auditor anticipates the GSD will be under financial stress for several years, unless there are significant increases in lottery revenues, or state appropriated funds.

The objective of this review was to determine if the Purchasing Division made changes to the minimum requirements for audits of public agencies in an objective and transparent manner to ensure minimal impact to West Virginia based accounting firms and state agencies impacted by the new requirements. The new procurement requirements are bias towards large audit firms being eligible. Rather than establishing subjective qualifications that penalize many accounting firms, the Purchasing Division could have addressed the vendor in question, and future problematic audit firms, by using the suspension or debarment process.

The objective of this review was to determine if licensure of dietitians is necessary to protect the public. This review also assessed the Board’s compliance with Chapter 30 requirements and other applicable sections of West Virginia Code. The Legislative Auditor finds that the Board of Licensed Dietitians should be terminated for several reasons, including West Virginia licensure fully duplicates the national credential; adequate public protection exists without a regulatory board; and complaints are infrequent.

To determine if there is a continued need for licensure by the Nursing Home Administrators’ Licensing Board, PERD assessed whether the Board complied with the general provisions of Chapter 30 and other applicable laws, and evaluate the Board’s website for user-friendliness and transparency. The Board is necessary to protect the public and complies with most of the provisions of Chapter 30 of West Virginia Code, however it could benefit from being included in a multi-professional licensing agency.

The objective of this review was to determine if licensure of hearing aid dealers is necessary to protect the public and if so, whether an independent board is necessary to administer licensure. This review also assessed the Board’s compliance with Chapter 30 requirements and other applicable sections of West Virginia Code. The Legislative Auditor finds that the Board is inaccessible and does not protect the public. Licensure continues to be necessary; however, the Board itself is unnecessary and licensure could be administered by the Board of Speech-Language Pathology and Audiology. Furthermore, the Board's end-of-year cash balance has declined to a concerning level. PERD also noted significant administrative issues.