LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 25, 1995



 TO:     Honorable Judith Zaffirini, Chair      IN RE:  Senate BillNo. 1596
         Committee on Health & Human Services           By: Leedom
         Senate
         Austin, Texas







FROM: John Keel, Director

In response to your request for a Fiscal Note on Senate Bill No.
1596 (Relating to arbitration of alleged violations of law
relating to convalescent and nursing homes and related
institutions.; Relating to arbitration of alleged violations of
law relating to convalescent and nursing homes and related
institutions.) 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 applies to any dispute between an institution licensed
under Chapter 242, Health and Safety Code, and the Department of
Human Services relating to:
     *  renewal of a license under Section 242.033;
     *  suspension or revocation of a license or closing of a
facility under Section 242.061 or
        242.062; or
     *  assessment of an administrative penalty under Section
242.066.

The bill provides that an affected institution select binding
arbitration as an alternative to contested case hearing.  The
cost of the arbitration shall be equally shared by the Department
of Human Services and the institution electing arbitration.

The bill takes effect September 1, 1995, and applies only to a
disputes described by Section 242.251, Health and Safety Code, as
added by this Act, with respect to which formal proceedings are    




commenced on or after January 1, 1996.
 
The Department of Human Services has assumed that approximately
162 institutions will choose arbitration as an alternative to
contested case hearing.
     
The department has also assumed that the travel and operating
costs per arbitration would be $1,191.  The incremental increases
in the cost of arbitration are consistent with that of the
increase in licensed nursing and personal care institutions. 
Since the costs of the arbitration are to be shared by the
institution and the department, the costs reflected in this
fiscal note are those that apply to the Department of Human
Services.













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 Cost Out   Probable Cost Out 
             Year      of  General       of  GR Match For   of  Federal Funds 
                     Revenue Fund 001       Medicaid               555        
                                                                              
                                                                              
          1996                 $95,628             $36,537             $60,777
          1997                  97,399              37,214              61,902
                                                                              
          1998                 101,532              38,793              64,527
                                                                              
          1999                 105,662              40,372              67,155
          2000                 110,976              42,402              70,530
                                                                              
                                                                              
                                                                              
            Fiscal     Change in    
             Year   Number of State 
                     Employees from 
                        FY 1995     
                                    
          1996                    .0
          1997                    .0
                                    
          1998                    .0
                                    
          1999                    .0
          2000                    .0
                                    
                                    
                                    
       Similar annual fiscal implications would continue as long as the
provisions of the bill are in effect.    




Source:   Department of Human Services
          LBB Staff: JK, MU, DF