State & Local Reports

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 is to determine if the State Police ammunition storage facilities, policies, and procedures related to the management, storage, and accounting for ammunition resources have improved since PERD last reviewed them in 1999. PERD found that the State Police maintains records on ammunition inventory, but practices have not been formalized through official policies and procedures. The State Police Academy now operates a new, rebuilt facility on the site of the old range, which exceeds the recommendations of the 1999 report.

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.

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.