LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session February 18, 1997 TO: Honorable Hugo Berlanga, Chair IN RE: House Bill No. 3 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-As Introduced Implementing the provisions of the bill would result in a net negative impact of $(4,782,385) 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 in the Comptroller's Office. The fund would include money appropriated to the fund. 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 Comptroller would be authorized to draw warrants from the fund on receipt of a voucher signed by an authorized representative of the corporation. The bill would require the appointment of a six-member board by the Governor with the consent of the Senate. The commissioners of insurance and health and human services would also serve on the board as nonvoting ex-officio members. The board and corporation would not be subject to open records or open meetings laws. 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 corporation would be required to develop the health benefit program, including its design, actuarial, and benefits structure. In addition, the corporation would be responsible for all aspects of the insurance structure, including specifying eligibility criteria, negotiating premiums, contracting for the provision of coverage, and collecting from parents and absent parents the premium for the children covered. The corporation and its employees would have statutory immunity from liability for good faith acts or errors by coverage providers or medical providers. The corporation would act as a clearinghouse matching eligible children with insurance companies, and providing payment or partial payment of premiums under guidelines to be established. The bill provides for withholding orders in child support cases to fund premiums where appropriate. The bill authorizes the corporation to receive state funds but does not specify appropriation amounts. The bill also authorizes the non-profit corporation to accept grants and gifts of money, property, or services. Fiscal Analysis The bill would partially 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, the mechanism for collection and distribution of medical support does not use the existing administrative structure and would establish another payment system. In addition, the lack of a requirement to exchange information with the Medicaid operating agencies makes third-party recoveries less certain and cannot be estimated. The state would incur costs initially to adapt the Office of the Attorney General's computer system, to cover start up costs for the corporation, and to pay for administrative staff. 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 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. Fiscal implications for the Office of the Attorney General: 1) The Child Support Division would make changes to its electronically generated forms to create an optional page that would include language for the obligor to purchase health insurance through THKC. 2) Management reports would be created to measure the number of Title IV-D (AFDC related) children referred to THKC for insurance coverage. 3) The financial component of the new child support computer system would be modified by adding a unique THKC description in the support order detail screens and to create additional edits to the obligation entry screens. 4) It is assumed that the costs to modify the OAG system would be incurred in fiscal year 1997. 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. The probable fiscal implications of implementing the provisions of the bill during each of the first five years following passage is estimated as follows: Six Year Impact: Fiscal Year Probable Probable Probable Revenue Probable Change in Number Savings/(Cost) Savings/(Cost) Gain/(Loss) from Savings/(Cost) of State from Texas from General Other - from Federal Funds Employees from Department of Revenue Fund Administrative FY 1997 Insurance Fees Operating Account/ GR-Dedicated 0036 0001 OTHER-OTH 0555 1997 $0 $0 $0 ($23,070) 0.0 1997 (159,116) (3,020,500) 0 3.0 1999 (1,750,000) 562,608 0.0 2000 (1,500,000) 1,589,768 0.0 2001 (1,500,000) 2,110,480 0.0 2002 0 2,701,739 Fiscal Year Probable Savings/(Cost) from General Revenue Fund : Retained Child Support Collections 0001 1997 1998 1999 2000 2001 2002 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 1997 ($11,885) 1998 (3,020,500) 1999 (1,750,000) 2000 (1,500,000) 2001 (1,500,000) 2002 0 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: 454 Department of Insurance 501 Department of Health 529 Health and Human Services Commission 324 Department of Human Services 302 Office of the Attorney General 324 Department of Human Services 304 Comptroller of Public Accounts LBB Staff: JK ,BB ,AZ