LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 74th Regular Session April 19, 1995 TO: Honorable Judith Zaffirini, Chair IN RE: Committee Substitute Committee on Health & Human Services for House Senate Bill No. 1863 Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on House Bill No. 1863 (relating to the provision of services and other assistance to needy people, including health and human services and assistance in becoming self-dependent) this office has determined the following: The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. The bill would make a number of changes to current policies for recipients of services through the Aid to Families with Dependent Children (AFDC) program and would require greater participation in Title IV-A Emergency Assistance and Medicaid programs. This bill would implement many of the recommendations found in two of the Comptroller's recent reports: Partnership for Independence and Gaining Ground. It should be noted that the fiscal implications of implementing the provisions of this bill are based on current federal law; in the event that block grant awards of federal funds are made, these estimates would not be valid. Provisions which would increase costs for the State include: * Section 1.04 would require the Department of Human Services to raise the resource limits in the AFDC program to correspond to those resources stipulated for the Food Stamp Program. Based upon the historical number of applications and cases denied because they exceed the current resource limit, a projection was made of the number of cases that would be added if the limits were raised. This policy change would have an impact of adding an estimated 300 families to the AFDC caseload. Any administrative savings due to the reduction in complexity of regulations for caseworkers cannot be estimated. Costs associated with this section correspond to AFDC and Medicaid benefits. * Section 1.06 through 1.09 would encourage financial independence for many people with disabilities through the use of supported employment. By obtaining SSI and SSI work incentives for more people with disabilities, more vocational funds would be made available to help people move into support work environments. However, these potential gains in funds cannot be determined. Costs would accrue to the State due to the creation of a social services administrator position at the Texas Rehabilitation Commission. * Section 1.11 would require the Department of Human Services to establish a pilot program which would assist AFDC clients in achieving self-sufficiency by either using a form of "fill-the-gap" budgeting or extending transitional benefits for 24 months. For the purpose of this fiscal note, it is assumed that the pilot will test "fill-the-gap" budgeting. This provision will require a federal waiver and it is assumed that it will be granted by March 1996. The pilot would be limited to 2,000 families which would be phased in according to assumed an employment entry rate of 20%. In fiscal year 1996, an average of 620 cases per month would be in the pilot; 1,800 in 1997; 2.000 in 1998 and 1999. The additional AFDC payment was assumed to be equal to $37 per month per family. Costs in this fiscal note relate to increased grant benefits and to increased number of staff. The pilot ends on September 1, 1999. * Section 2.05 would require the Health and Human Services Commission to assist AFDC recipients who are eligible for assistance under federal programs to apply for benefits under those federal programs. The costs of the program is estimated at $500,000 per year. * Section 2.08 would establish a pilot program for families in crisis. It was assumed that this pilot would have a total of 1,000 families. Clients who had been approved for AFDC would be offered the option of receiving a one-time cash assistance payment in lieu of going on the AFDC rolls. The maximum cash assistance grant was assumed to equal $1,000 (average family grant times 6 months). The program would cover various types of emergencies. Clients would be precluded from receiving AFDC for one year. This provision would require a federal waiver. In terms of AFDC grant benefits, the pilot is assumed to be cost- neutral. It was assumed that the department would incur some administrative costs related to programming automated systems which support the AFDC program. The pilot would end September 1, 1999. * Section 2.10 would require the Department of Human Services to apply for a federal waiver to eliminate the work history and 100 hour rules that apply to the AFDC-UP program. Based upon the historical applications and cases denied because of this policy, a projection was made of the number of cases that would be added if the current policy was waived. Costs related to these provisions correspond to increased number of staff, increased AFDC and Medicaid benefits. * Section 3.02 would require the Inspector General at the Department of Human Services to compile and disseminate accurate information and statistics regarding fraud prevention and fraud. DHS would publicize successful fraud prosecutions and establish and promote a toll-free hotline for reporting suspected fraud. DHS would establish interstate information sharing agreements, verify automobile information and establish computerized matching to prevent an incarcerated individual from illegally receiving public assistance. DHS would evaluate the costs and benefits of the five-day time limit prescribed for the investigation of fraud prevention referrals and lower the criteria for acceptance of fraud investigation. Implementation of this section would require a number of new staff: 99 (1996); 104 (1997); 107 (1998); 112 (1999); 115 (2000). Section 3.02 would also require the electronic benefits transer (EBT) contractor to report copies of client transactions each month. In the event that the capabilities to detect fraud and abuse are increased, administrative reviews and fair hearings may also increase. However, no estimates of increased cost have been included. * Section 3.08 would require the Department of Human Services to operate a pilot program in Harris County to prevent welfare fraud by using a type of fingerprint imaging for applicant and recipients of AFDC. The cost estimates are based on information from the Department of Public Safety on the cost of using "Live Scan" fingerprint devices. It is assumed that 10 additional DHS employees would be needed to operate the imaging equipment and to forward the images to DPS in Austin where central processing would occur. It is also assumed that DPS would add 3 FTE's. The pilot must be in place by January 1, 1996 and will be in operation for 36 months. * Section 4.01 would amend the eligibility requirements of the Title IV-A Emergency Assistance plan to include mental health emergencies. The bill would require the Department of Mental Health and Mental Retardation to enter into an interagency agreement with DHS which would require MHMR to certify nonfederal expenditures to claim federal reimbursement. Costs would be incurred related to the administration of the program. * Section 4.02 would require the Texas Commission on Alcohol and Drug Abuse and DHS to amend eligibility requirements of the State's Title IV-A Emergency Assistance plan to include either a child or an adult caretaker of the child who needs chemical dependency treatment. Administrative costs would be incurred to implement this provision. * Article 6 acknowledges the probable need for federal waivers and the requirement that the State evaluate the costs and benefits of pilot projects. It is estimated that the evaluations will cost $100,000 each year. Provisions which would provide savings to the State include: * Section 2.05 would provide savings related to AFDC costs due to movement of AFDC recipients into SSI categories according to the Comptroller estimates. * Section 2.07 requires that the Department of Human Services establish a time-limited benefits pilot program that limits the amount of time a person can receive assistance to a cumulative total of 24 months. It was assumed that this policy would affect only those adult recipients who had completed the JOBS program. For those caretakers with a child under the age of one, the calculation of the time limits would not begin until the child reached age one. The estimates assume that the program would be operational by January 1, 1996 in three pilot sites (e.g., Tarrant , Travis and Lubbock counties) and that AFDC caseloads would be lower by 45 cases per month in 1999 (8 month average) and by 87 cases per month in 2000. The bill would require that the caretaker and children on the case be denied as time limits are reached. * Section 4.01 would provide savings to the State (and provide additional revenue to local communities) related to increased receipt of federal funding for mental health services through the Title IV-A Emergency Assistance program according to Comptroller estimates. * Section 4.02 would provide savings related to chemical dependency treatment for children or an adult caretaker through the Title IV-A Emergency Assistance Program according to Comptroller estimates. * Section 4.03 would implement Texas Performance Review recommendations related to maximization of federal funding for costs incurred on behalf of children in the conservatorship of the State and placed in the home of a relative. Comptroller estimates of net savings correspond to an assumption that a Medicaid State Plan Amendment will be approved and implemented within the next 90 days. Provisions that would have a fiscal impact on local governments according to the Comptroller of Public Accounts include: * Section 1.10 would provide federal reimbursement to local school districts for increased services for teen parents. School districts would use existing district funds to draw down Title IV-A JOBS federal funds. Comptroller estimates project $10.0 million gain in 1996; $16.0 million each year thereafter. * Section 2.01 would establish the Educate Texas Program to provide adult education and certain other services to AFDC recipients. Comptroller estimates project net gains in federal funds to local governments: $5,774,000 in 1996; $11,547,000 each year thereafter. * Section 2.05 would allow Texans to receive SSI benefits and thereby bring in new federal dollars according to Comptroller estimates: $0.8 million in 1996; $15.8 million in 1997; $37.1 million in 1998; $63.8 million in 1999; and $92.2 million in 2000. The probable fiscal implication of implementing the provisions of the bill during each of the first five years following passage is estimated as follows: Fiscal Probable Cost Out Probable Savings Probable Cost Out Year of General to General of Federal Funds Revenue Fund 001 Revenue Fund 001 555 1996 $4,902,639 $6,201,000 $5,352,837 1997 5,106,942 12,722,000 8,355,086 1998 6,136,606 14,581,000 7,662,316 1999 6,088,618 16,601,013 7,664,940 2000 5,511,357 18,638,984 6,814,143 Fiscal Probable Savings Change in Year to Federal Funds Number of State 555 Employees from FY 1995 1996 $0 116.0 1997 0 138.0 1998 0 142.0 1999 34,109 141.0 2000 98,996 120.0 Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. Source: Comptroller of Public Accounts, Department of Human Services, Department of Public Safety, Department of Protective and Regulatory Services, Commission on Alcohol and Drug Abuse, Mental Health and Mental Retardation, Department of Health LBB Staff: JK, AZ, DF