State & Local Reports

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 In September 2017, Sharpe’s CMS certification was revoked as a result of deficient patient treatment plans.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.

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 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.

The objective of this review was to examine the cost, possible duplication of services, and rationale for a person having the dual title and responsibilities of DOT secretary and DOH commissioner. The Legislative Auditor contends that the statutory responsibilities of the commissioner and the cabinet secretary cannot be accomplished by one person because a single individual realistically cannot be effective serving in this dual role. This proves to be true in practice since the dual-title provision invariably leads to another person being employed in the capacity of deputy secretary/commissioner and receives a salary over $100,000.

The objective was to conduct a performance audit of the provisional license to practice as a social worker and the application process by which a provisional licensee may become a licensed social worker. Senate Bill 312, passed on March 5, 2020, eliminated the non-related degree social worker, and eliminated the ability of those individuals with a related and non-related degree to complete the four-year training program designed by Department of Health and Human Resources (DHHR) to become a licensed social worker by the extended June 30, 2020 date. According to DHHR, there were 48 individuals who had the opportunity to complete the program by June 30, 2020.

The objectives of this audit were to identify and review the Bureau for Children and Families' (BCF) child protective service (CPS) worker allocation process and determine if other methods should be used. Also, PERD was asked to determine if population is considered in staffing allocation. PERD found that the BCF allocates CPS workers based on the percentage of accepted CPS cases to a region and district. While the agency typically allocates workers using this method, it does allow for exceptions, which changes the allocation in two or more districts. While the current allocation process keeps the caseload numbers in line with national standards, it does not consider vacancies. When the number of vacancies is considered, the actual caseload is much higher than the allocated caseload.

The objectives of this review was to determine if the Board of Examiners in Counseling complied with the general provisions of Chapter 30, Article 1 of the West Virginia Code, the Board’s enabling statute, other applicable rules and laws, and if the Board’s website is user-friendly and promotes transparency. The Board is financially self-sufficient and complies with most provisions of state regulations. PERD also found that the Board put sensitive materials on an unsecured page of its website. This put the state at risk of liability. When notified of the exposure, the Board did not follow executive branch procedure and report the exposure to the Office of Technology. The Board sends unencrypted emails with the complaint files and passwords to board members and complaint committee members.