LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 26, 1995



 TO:     Honorable John Smithee, Chair          IN RE: Committee Substitute
         Committee on Insurance                 for
         House of Representatives                              House Bill
         Austin, Texas                          No. 2766










FROM: John Keel, Director

In response to your request for a Fiscal Note on House Bill No.
2766 (relating to providing fairness and choice to patient and
providers under managed care health benefit plans; providing
penalties) 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 amend the Insurance Code to add the "Patient
Protection Act" and provide that the Commissioner of Insurance
shall promulgate policy rules for managed care entities doing
business in Texas, including compliance.

Implementation of the provisions of the bill would result in
significant fiscal implications for the Department of Insurance. 
Additional resources would be needed for rule adoption
proceedings and compliance enforcement.  Additional revenue would
be generated from filing fees.  The table below reflects only the
fiscal implications for the Department of Insurance.

The bill would also affect the group insurance programs for
general and higher education state employees.  These programs
utilize managed care networks and are administered by the
Employees Retirement System, the University of Texas System and
the Texas A&M System.  According to the Teachers Retirement    




System, the bill would not affect the TRS Retired Public School
Employees Group Insurance Program.

 These programs would be affected by the provisions of the bill
for health care provider certification and decertification for
participation in a managed care network.  The process used under
current law may vary substantially from the provisions of the
bill.

The bill would increase the cost of the Employee Retirement
System (ERS) group insurance program substantially.  Actuarial
analysis indicates that the bill would "increase the complexity
and resulting costs of administration" of managed care plans that
are not self-funded (for example, health maintenance
organizations).  The ERS anticipates that ERS group insurance
costs would increase in the range of 1 percent to 1.5 percent. 
ADDITIONAL COSTS TO THE STATE OF $7 MILLION TO $10 MILLION PER
YEAR ARE PROJECTED.

The Texas A&M University System estimates indicate that
implementation of the provisions of the bill would increase
health plan costs by 10 percent to 15 percent.  Basic health plan
costs are projected to increase $3 million to $4.5 million in
1996.  If the cost of HMO plans are included, THE PROJECTED TOTAL
HEALTH PLAN COST INCREASE WOULD BE  $8 MILLION TO $12 MILLION.


The University of Texas System estimates indicate that
implementation of the provisions of the bill would result in an
INCREASE TO THE STATE FOR TOTAL HEALTH PLAN COST OF $4 MILLION IN
FY1996 INCREASING TO $38 MILLION IN FY2000.

The probable fiscal implication to the Department of Insurance 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 Revenue      Change in    
             Year    of Department of   Gain to Department  Number of State 
                        Insurance         of  Insurance      Employees from 
                        Operating           Operating           FY 1995     
                         Fund 036            Fund 036                       
                      GR Consolidated    GR Consolidated                    
                                                                            
          1996              $1,109,703            $110,000              16.0
          1997               1,051,595             190,000              16.0
                                                                            
          1998                 808,730              80,000              10.0
                                                                            
          1999                 808,730              50,000              10.0
          2000                 808,730              30,000              10.0
                                                                            
                                                                            
                                                                            



       Similar annual fiscal implications would continue as long as the
provisions of the bill are in effect.

The fiscal implication to units of local government cannot be
determined.


Source:   Employee Retirement System, University of Texas System, 

                          Texas A&M System, Department of
Insurance
          LBB Staff: JK, RM, RN