Psychiatric facility staffers and patients who raise concerns about the mistreatment of people with disabilities in state-run facilities would be shielded from retaliation under a bill introduced by West Virginia lawmakers.

Under the legislation, state health care facilities would not be able to retaliate against employees and others who report to their employer or outside groups about unsafe patient treatment or participate in an investigation about the problem.

The bill comes in the wake of a disability rights advocacy group’s claims that the West Virginia Department of Health and Human Resources is failing to properly care for patients with disabilities who are in state-run psychiatric facilities or are under the care of health care providers who are licensed by DHHR. The health department’s care of children and adults with disabilities — and transparency about that care — are among issues lawmakers want to tackle in their plan to reorganize the state health department.

Investigations from Disability Rights West Virginia shared with lawmakers raised concerns about what is happening in the state to patients with intellectual and physical disabilities, also known as IDD patients. DRWV is federally mandated to monitor the care of people with disabilities in health facilities.

Mike Folio, a DRWV attorney, said a recent investigation revealed at least two people with disabilities died in 2022 from preventable deaths due to lack of proper care. In one incident, a man with a...

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