LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session March 11, 1997 TO: Honorable Hugo Berlanga, Chair IN RE: House Bill No. 3, Committee Report 1st House, Substituted Committee on Public Health By: Berlanga House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on HB3 ( Relating to establishing the Texas Healthy Kids Corporation to increase access to health care for children.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB3-Committee Report 1st House, Substituted Implementing the provisions of the bill would result in a net positive impact of $207,500 to General Revenue Related Funds through the biennium ending August 31, 1999. 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 Health and Safety Code to establish the Texas Healthy Kids Corporation, a non-profit corporation to increase access to health insurance for children. The bill would establish a new, dedicated Texas Healthy Kids Fund outside the state treasury held by the Texas Treasury Safekeeping Trust Company. The bill would establish a new, dedicated Premium Stabilization Revolving Account within the fund. The fund would include money contributed by the provisions of the bill, money appropriated by the Legislature, and any gifts accepted by the corporation s board of directors. The Comptroller would be required to transfer the appropriated amounts to the fund from the State Treasury and would be authorized to invest money in this fund. The account would be used to pay a premium for a covered child for whom a premium was not paid. The corporation would determine the period for which premiums could be paid from the fund and the circumstances under which the premium could be paid. The corporation would charge parents a reasonable Premium Stabilization Revolving Account fee to defray expenses. The corporation would be required to submit a written report to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and Commissioner of Insurance not later than January 1 of each odd year. The report would state the program s status, include a statement of the corporation s financial condition, and provide an accounting of the corporation s administrative expenses for the two years preceding the date of the report. The bill would require the appointment of a six-member board by the Governor with the consent of the Senate. The director of the Title IV-D agency and commissioners of insurance and health and human services would serve on the board as nonvoting ex-officio members. The bill would require the Commissioner of Insurance to take initial steps to create the corporation by November 1, 1997 and employ an acting executive director by December 1, 1997 or until the board is appointed. The bill would authorize the Texas Healthy Kids Corporation to establish an insurance plan for children that: * are not otherwise covered by health insurance or * are not adequately covered by health insurance or * are not covered by insurance for a specified medical condition. The bill would authorize the corporation to: * develop the design, actuarial, and benefits of the insurance plan for kids * determine eligibility criteria that children and their families must meet * develop participation criteria for authorized insurers, HMOs, etc. * develop and implement a public awareness program to educate the public about the insurance program * develop participation objectives for the insurance program and develop a plan to require any participating provider to market the program * negotiate premiums for coverage, applicable copayments, coinsurance, or deductibles * contract for the provision of health benefits coverage under the program The corporation would be required to offer a health benefit plan no later than one year after the effective date of this bill. In the interim, if health insurance was not available for a child and the child s right to medical support was assigned to the state because the child received benefits under the state Medicaid program, the court would be required to order the non-custodial parent to buy a monthly medical support payment, to be withheld from earnings. Under the provisions of the bill, the court would assume $38 each month to be a reasonable amount, but the court could order a larger or smaller amount as it deemed appropriate under the circumstances. The bill would require the Title IV-D agency, as soon as is practicable, to seek modification of child support orders for relevant cases. The corporation would be allowed to use a donation made as community benefits by a hospital or hospital system only to purchase health benefits for children if the child resides in the area served by the hospital (or district) and if the child s family income is less than 200 percent of the federal poverty limit. Fiscal Analysis The bill would implement the Texas Performance Review (TPR) recommendation HHS1 in Disturbing the Peace: The Challenge of Change in Texas Government by requiring a parent of a child under a child support order to apply for health coverage through the benefit plan the corporation would provide. However, this bill would allow the corporation to set eligibility requirements that children and families would be required to meet to participate in the program, while the TPR recommendations would limit coverage to those children whose non-custodial parent had an income under 250 percent of the federal poverty level and would require the entity to limit health plan benefits to ensure the affordability of the plan. The bill would allow participation in the Stabilization Revolving Fund to all children eligible for coverage under the Texas Healthy Kids Corporation rules while the TPR recommendations would have limited health insurance premium payments to only those children whose non-custodial parent is unable to make child-support payments for a short period of time. The estimate assumes that the Child Support Retained Collection Account in the General Revenue Fund would provide startup money for the Stabilization Revolving Fund Account to pay for insurance costs for Title IV-D children. In this estimate the cost to the Child Support Retained Collection Account was based on the amount needed to cover missed health insurance premiums of children on medical support orders under the Title IV-D program. (Note: The Comptroller revised this estimate on March 5, 1997.) The additional costs to pay insurance for children determined to be eligible by the corporation cannot be estimated at this time. The bill would not require a health benefit plan to be in place until one year after the bill s effective date. In the interim, the bill would require employers to withhold monthly medical support payments to cover insurance premiums for children whose non-custodial parents have no health insurance for the child. This estimate assumes that the court would order a $38 monthly payment per child. The estimate of Medicaid savings to the state and federal government is based on the number of paying cases and children that the Office of the Attorney General estimates would be established monthly, beginning October 1997. The state would incur costs related to the start up of the corporation and to pay for administrative staff. Although certain requirements of the bill would affect the Department of Health, Department of Human Services, Health and Human Services Commission, and the Office of the Attorney General, it is assumed that these responsibilities can be accomplished within existing resources. It is anticipated that by 2002 the corporation will generate enough revenue to no longer need state funds. Methodolgy The bill will have fiscal implications for the Department of Insurance in the first year of the corporation. The estimates are built upon these assumptions: 1) The board of directors for the Texas Healthy Kids Corporation would employ a permanent executive director no later than August 31, 1998. Funding for an acting director would be no longer required in fiscal year 1999. (If a permanent executive director is not in place by August 31, 1998, additional funding for that salary would be necessary.) 2) The Commissioner of Insurance would allocate existing TDI office space and other equipment such as personal computers, printers, and desks for use by the acting executive director and support staff for a period of one year or until permanent staff is hired (whichever comes first). 3) The Texas Healthy Kids Corporation would be fully operational and adequately funded by September 1, 1998. Therefore, salaries for the acting director, insurance technician and administrative technician would not be funded by TDI after fiscal year 1998. Start up funding for the Texas Healthy Kids Corporation: 1) It was assumed that start up funding would be needed in the 1998-99 biennium for the design of a cash system; design of an enrollment system; staffing; overhead costs; advertising and marketing; and actuarial/legal expertise. The fiscal note assumes that the state would provide funding for these initial costs. 2) In the subsequent years of 2000 and 2001, it was assumed that the state would continue to fund costs of $1.5 million each year for staff, overhead, advertising/ marketing, and actuarial/legal expertise. 3) It was assumed that the corporation would externalize some of the costs to the vendors as well as begin earning income from administrative fees related to the premiums in 1999. By 2002, the corporation would not receive state support for its operations. Savings Estimated by the Comptroller of Public Accounts: 1) According to estimates provided by the Comptroller of Public Accounts, the stabilization fund is initiated in fiscal year 1999 with approximately 39,000 children. Subsequent years add about 15,000 children in fiscal year 2000 and 10,000 each year thereafter. The Comptroller notes that the number of children is lower than the Attorney General estimates for additional nonpaying cases. 2) The Comptroller estimates of savings to the Medicaid program in general revenue funds and matching federal funds are based upon the Office of Attorney General estimates of 1,350 paying child support cases per month with 1.25 Medicaid eligible children per case to be worked each year. 3) Estimates of savings provided by the Comptroller of Public Accounts are for Title IV-D children only. The probable fiscal implications of implementing the provisions of the bill during each of the first five years following passage is estimated as follows: Five Year Impact: Fiscal Year Probable (Cost) Probable (Cost) Probable (Cost) Probable Revenue Change in Number from Texas from General from General Gain from Other of State Department of Revenue Fund Revenue Fund: - Administrative Employees from Insurance Child Support Fees FY 1997 Operating Retained Account/ Collection Account GR-Dedicated 0036 0001 0001 OTHER-OTH 1998 ($159,116) ($3,020,500) $0 $0 3.0 1998 0 (1,750,000) (1,747,000) 562,608 0.0 2000 0 (1,500,000) (701,500) 1,589,768 0.0 2001 0 (1,500,000) (481,750) 2,110,480 0.0 2002 0 0 (492,000) 2,701,739 0.0 Fiscal Year Probable Savings Probable Savings from General from Federal Funds Revenue Fund 0001 0555 1998 $1,608,000 $2,623,000 1999 5,117,000 8,349,000 2000 8,626,000 14,074,000 2001 12,135,000 19,799,000 2002 15,644,000 25,524,000 Net Impact on General Revenue Related Funds: The probable fiscal implication to General Revenue related funds during each of the first five years is estimated as follows: Fiscal Year Probable Net Postive/(Negative) General Revenue Related Funds Funds 1998 ($1,412,500) 1999 1,620,000 2000 6,424,500 2001 10,153,250 2002 15,152,000 No significant fiscal implication to units of local government is anticipated. However, some local governments may choose to purchase health care coverage through the corporation. Source: Agencies: 302 Office of the Attorney General 304 Comptroller of Public Accounts 324 Department of Human Services 454 Department of Insurance 501 Department of Health 529 Health and Human Services Commission LBB Staff: JK ,BB