Low-income West Virginians can't figure out whether they qualify for Medicaid and what services they're eligible to receive because the state Medicaid agency doesn't file its new regulations properly, according to a petition filed with the state Supreme Court.

Legal Aid of West Virginia alleges that the Medicaid office doesn't index and number its rules, making it virtually impossible to determine what agency regulations are in effect.

"You wind up having to play a game of treasure hunt," said Bruce Perrone, Legal Aid's director. "It's a problem, particularly for anyone dealing with an eligibility question."

Legal Aid argues that the Medicaid office has violated the state Administrative Procedures Act, which establishes a standardized system for filing new rules and regulations. State agencies must title, number and index their rules, and file them with the Secretary of State's office.

"They're all supposed to follow the same playbook," Perrone said.

In the petition, Perrone attached four examples of new regulations filed by the Medicaid office with the Secretary of State.

Last year, a Legal Aid lawyer asked the secretary of state's legal division whether a May 2000 Medicaid regulation was still in effect, and office employees were unable to give an answer, according to the petition.

"The problem is they are not meeting the requirement of writing rules in a standard format," said Perrone, whose office provides free legal assistance to low-income West Virginians. "There's no coherent, consistent numbering system. The result is the secretary of state can't follow the things they're sending over."

Perrone has asked the Supreme Court to order Medicaid officials to file agency rules in "standard size, format, numbering and indexing." Legal Aid also wants the Supreme Court to prohibit the secretary of state from accepting any future Medicaid filings that don't comply with the law.

"If you don't have a lawyer and you want to straighten out a problem, how are you supposed to do that?" Perrone said. "How do you know if the rules they used a year ago are still valid?"

About 300,000 West Virginians receive health insurance through Medicaid, a program funded by the state and federal government.

"I don't think this is being done deliberately," Perrone said. "I think it's a mistake that's gone on inadvertently, and probably unintentionally."

Department of Health and Human Resources spokesman John Law said Thursday the agency doesn't comment on pending lawsuits.

To contact staff writer Eric Eyre, use e-mail or call 348-4869.

Low-income West Virginians can't figure out whether they qualify for Medicaid and what services they're eligible to receive because the state Medicaid agency doesn't file its new regulations properly, according to a petition filed with the state Supreme Court.

Legal Aid of West Virginia alleges that the Medicaid office doesn't index and number its rules, making it virtually impossible to determine what agency regulations are in effect.

"You wind up having to play a game of treasure hunt," said Bruce Perrone, Legal Aid's director. "It's a problem, particularly for anyone dealing with an eligibility question."

Legal Aid argues that the Medicaid office has violated the state Administrative Procedures Act, which establishes a standardized system for filing new rules and regulations. State agencies must title, number and index their rules, and file them with the Secretary of State's office.

"They're all supposed to follow the same playbook," Perrone said.

In the petition, Perrone attached four examples of new regulations filed by the Medicaid office with the Secretary of State.

Last year, a Legal Aid lawyer asked the secretary of state's legal division whether a May 2000 Medicaid regulation was still in effect, and office employees were unable to give an answer, according to the petition.

"The problem is they are not meeting the requirement of writing rules in a standard format," said Perrone, whose office provides free legal assistance to low-income West Virginians. "There's no coherent, consistent numbering system. The result is the secretary of state can't follow the things they're sending over."

Perrone has asked the Supreme Court to order Medicaid officials to file agency rules in "standard size, format, numbering and indexing." Legal Aid also wants the Supreme Court to prohibit the secretary of state from accepting any future Medicaid filings that don't comply with the law.

"If you don't have a lawyer and you want to straighten out a problem, how are you supposed to do that?" Perrone said. "How do you know if the rules they used a year ago are still valid?"

About 300,000 West Virginians receive health insurance through Medicaid, a program funded by the state and federal government.

"I don't think this is being done deliberately," Perrone said. "I think it's a mistake that's gone on inadvertently, and probably unintentionally."

Department of Health and Human Resources spokesman John Law said Thursday the agency doesn't comment on pending lawsuits.

To contact staff writer Eric Eyre, use e-mail or call 348-4869.