The West Virginia Department of Human Services (DoHS) has issued updated billing guidance for drug screening and testing services in child welfare proceedings following the passage of Senate Bill 128, which took effect on July 11, 2025.
The update supplements previous communications and ensures billing practices align with W. Va. Code §49-4-108. DoHS acknowledged the questions and concerns raised by providers, courts, and stakeholders during the transition and conducted a comprehensive review informed by feedback from service providers, prosecutors, judges, judges, legislators, and community partners.
Effective immediately, DoHS is authorizing an additional $25 Bureau for Social Services (BSS) Service Fee for presumptive drug tests conducted in child welfare proceedings. The fee is intended to help offset overhead costs associated with performing presumptive testing and applies only to presumptive tests, not confirmatory testing.
Collection fees and device fees are not reimbursable under Medicaid and may not be billed to DoHS. Any such charges will continue to be deducted from total allowable charges based on approved Medicaid rates.
Confirmatory testing may be conducted only when a presumptive test yields a positive result. However, a court may order confirmatory testing following a negative presumptive result when there is documented concern based on observed behavior. If confirmatory testing is performed after a negative presumptive test without a court order documenting such concerns, the associated charges will be deducted from allowable reimbursement.
DoHS has issued an updated billing invoice reflecting this change. To streamline submissions, approved Medicaid rates for CPT codes 80305, 80306, and 80307 have been combined with the service fee into a single rate column. These charges remain separate and must still be billed using the appropriate CPT codes. Providers who are not enrolled Medicaid providers are also required to use the approved CPT codes and rates when submitting invoices.
To support consistent implementation statewide, DoHS is developing provider training that will outline billing procedures, expectations, and compliance requirements. This training will be available soon.
DoHS believes this update addresses stakeholder concerns while remaining in compliance with state law. The department remains committed to open communication and will provide additional updates as needed to support child welfare partners and the families they serve across West Virginia.
