LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session March 21, 1997 TO: Honorable Kim Brimer, Chair IN RE: House Bill No. 2133, Committee Report 1st House, as amended Committee on Business & Industry By: Jackson House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on HB2133 ( Relating to the creation, powers, and duties of the State Office of Risk Management; provisions of workers' comp insurance coverage for state employees.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB2133-Committee Report 1st House, as amended Implementing the provisions of the bill would result in a net positive impact of $90,095 to General Revenue Related Funds through the biennium ending August 31, 1999. Beginning in the year 2000, savings to General Revenue Related Funds are estimated to be $720,255 per year. Fiscal Analysis This bill would amend the Labor Code by deleting Chapter 412 and adding a new Chapter 412. This bill would create a new state agency, the State Office of Risk Management (SORM). Section 412.011 would establish the office to administer the government employee's workers compensation insurance and the state risk management programs. This section would require the Texas Workers' Compensation Commission (TWCC) to provide the facilities and administrative support for the office, which would be independent of TWCC. Section 412.012 would establish the funding mechanism for SORM. The agency would be funded by a state appropriation, interagency contracts with state agencies for the risk management program and the allocation program for the financing of workers' compensation benefits. Currently, the legislature appropriates 75 percent of expected claims costs to the Division of Workers' Compensation in the Attorney General's Office and agencies reimburse the Attorney General for the other 25 percent from their budgets. The bill states that the legislature shall appropriate the amount designated by the appropriations structure for the payment of state workers' compensation claims costs to the SORM. SORM would establish an allocation program for claim costs incurred by state agencies that account for 90 percent of the claim costs for the preceding fiscal biennium. SORM would compare the allocation to the agency's actual workers' compensation claim expenses and if expenses were higher than the amount allocated to that agency, the agency would reimburse SORM for the additional costs. If claim costs are lower, the agency would retain a portion of the savings. Section 412.033 would allow SORM's Board of Directors to hire a Director to serve as the state risk manager. Section 412.041 would allow the Director to secure and provide for services that are necessary and employ and compensate professional consultants, technical assistants, and employees on a full-time or part-time basis. Section 412.051 would require certain state agencies to manage agency risks by developing, implementing, and maintaining programs designed to assist employees who sustain compensable injuries to return to work. Section 10 of the bill would abolish the Division of Workers' Compensation in the Attorney General's office and the Division of Risk Management at TWCC and transfer all employees, records, equipment, and supplies to SORM, as those divisions existed on August 31, 1997, not later than December 31, 1997. Total costs to consolidate TWCC's Risk Management Division and the Attorney General's Division of Workers' Compensation would be $630,160 in FY 1998 and $405,960 every year thereafter. FY 1998 costs include moving costs, procurement of software and hardware to link SORM's office to the TWCC LAN, upgrades to TWCC's mainframe due to anticipated increased usage from SORM, and software to make Attorney General Macintosh computers IBM-compatable. Continuing costs include rent, software maintenance charges and phone line charges. After the FY 1998 start-up period, TWCC's assumes that the creation of SORM would result in a savings of $1,126,215 in total workers' compensation claims due to better focused risk management efforts, better coordination between loss control specialists and claims adjusters in the return to work programs and the implementation of the cost allocation program. This savings takes into account a three percent increase in medical costs due to revised TWCC medical cost guidelines. Methodolgy Costs were based on the following assumptions: (1) Per Section 1 of the bill, 75 percent of expected claim costs would be appropriated to SORM and agencies would reimburse SORM for the other 25 percent of claim costs from their operating budgets. (2) All staff, direct and indirect, of TWCC's Risk Management Division and the Attorney General's Division of Workers' Compensation would constitute SORM staff and would be located at a new site. (3) Any administrative support that SORM's indirect staff could not handle would be absorbed by TWCC. (4) Per Section 10 of the bill, all equipment, including office furniture and supplies would be transferred from TWCC's Risk Management Division and the Attorney General's Division of Workers' Compensation to SORM. (5) After the FY 98 start-up period, there would be a 9 percent reduction in indemnity costs offset by a 3 percent increase in medical costs which would net a total savings in General Revenue claim costs of $1,126,215 per year. These savings were based on FY 96 incurred workers' compensation claim payments. (6) Texas Department of Criminal Justice workers' compensation claim costs, which accounted for approximately 23 percent of total FY 96 claim costs and which increased 30 percent between FY 95 and 96 due to an increase in FTEs, would stabilize in the 1998/1999 biennium. The probable fiscal implications of implementing the provisions of the bill during each of the first five years following passage is estimated as follows: 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 Probable Savings/(Cost) Savings/(Cost) from General from General Revenue Fund Revenue Fund 0001 0001 1998 ($630,160) $0 1998 (405,960) 1,126,215 2000 (405,960) 1,126,215 2001 (405,960) 1,126,215 2002 (405,960) 1,126,215 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 ($630,160) 1999 720,255 2000 720,255 2001 720,255 2002 720,255 Source: Agencies: LBB Staff: JK ,TH