Supplement: WV HB4857 | 2024 | Regular Session | Human Services, WV Department of
For additional supplements on West Virginia HB4857 please see the Bill Drafting List
Bill Title: Banning Medicaid and CHIP from paying for child and adult transgender surgeries
Status: 2024-01-17 - To House Health and Human Resources [HB4857 Detail]
Download: West_Virginia-2024-HB4857-Human_Services_WV_Department_of.html
The purpose of this bill is to prohibit Medicaid and CHIP payment for certain prohibited medical practices. The Department anticipates no fiscal impact as a result of this Legislation; however, Medicaid is currently under court order to provide these services to legal-aged adults. It is not legal to provide these services to minors under eighteen years of age in current WV Code, with exceptions. Please see Memorandum.
Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.
Medicaid is currently under a court order to provide these services as a result of Civil Action No. 3:20-cv-00740. The Department of Human Services, Bureau for Medical Services has submitted an appeal to the United States Court of Appeals, regarding Civil Action No. 3:20-cv-00740. These services are not provided to children (under 18). See WV Code §30-3-20(b). Prohibited practice - a physician may not provide irreversible gender reassignment surgery or gender altering medication to a person who is under eighteen years of age. §30-3-20(c) provides treatment exceptions for certain biological anomalies, infection, injury or disease and severe gender dysphoria as diagnosed under specific guidelines. There are no exceptions for hormonal treatment in prepubescent minors. §30-3-20(E).
Person submitting Fiscal Note: Cynthia A. Persily, Cabinet Secretary
Email Address: dhhrbudgetoffice@wv.gov
Bill Title: Banning Medicaid and CHIP from paying for child and adult transgender surgeries
Status: 2024-01-17 - To House Health and Human Resources [HB4857 Detail]
Download: West_Virginia-2024-HB4857-Human_Services_WV_Department_of.html
FISCAL NOTE
| Date Requested: January 17, 2024 Time Requested: 04:34 PM |
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FUND(S):
0403 - DIV OF HUMAN SERVICES GENERAL ADMINISTRATION FUND; 8722 - Cons Federal Funds Div Human Services Gen Admn FdSources of Revenue:
General Fund FederalLegislation creates:
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
The purpose of this bill is to prohibit Medicaid and CHIP payment for certain prohibited medical practices. The Department anticipates no fiscal impact as a result of this Legislation; however, Medicaid is currently under court order to provide these services to legal-aged adults. It is not legal to provide these services to minors under eighteen years of age in current WV Code, with exceptions. Please see Memorandum.
Fiscal Note Detail
| Effect of Proposal | Fiscal Year | ||
|---|---|---|---|
| 2024 Increase/Decrease (use"-") |
2025 Increase/Decrease (use"-") |
Fiscal Year (Upon Full Implementation) | |
| 1. Estmated Total Cost | 0 | 0 | 0 |
| Personal Services | 0 | 0 | 0 |
| Current Expenses | 0 | 0 | 0 |
| Repairs and Alterations | 0 | 0 | 0 |
| Assets | 0 | 0 | 0 |
| Other | 0 | 0 | 0 |
| 2. Estimated Total Revenues | 0 | 0 | 0 |
Explanation of above estimates (including long-range effect):
Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.
Memorandum
Medicaid is currently under a court order to provide these services as a result of Civil Action No. 3:20-cv-00740. The Department of Human Services, Bureau for Medical Services has submitted an appeal to the United States Court of Appeals, regarding Civil Action No. 3:20-cv-00740. These services are not provided to children (under 18). See WV Code §30-3-20(b). Prohibited practice - a physician may not provide irreversible gender reassignment surgery or gender altering medication to a person who is under eighteen years of age. §30-3-20(c) provides treatment exceptions for certain biological anomalies, infection, injury or disease and severe gender dysphoria as diagnosed under specific guidelines. There are no exceptions for hormonal treatment in prepubescent minors. §30-3-20(E).
Person submitting Fiscal Note: Cynthia A. Persily, Cabinet Secretary
Email Address: dhhrbudgetoffice@wv.gov
