LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 7, 1997
         
         
      TO: Honorable Judith Zaffirini, Chair            IN RE:  Senate Bill No. 30, Committee Report 1st House, Substituted
          Committee on Health & Human Services                              By: Zaffirini
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB30 ( Relating 
to fraud and improper payments under the state Medicaid program 
and other welfare programs; to the creation of private cause 
of action for false claims for certain government payments; 
and to the creation of a criminal offense; providing penalties.) 
this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by SB30-Committee Report 1st House, Substituted
         
Implementing the provisions of the bill would result in a net 
positive impact of $27,486,799 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 implement Texas Performance Review 
(TPR) recommendations FR1 through FR11 and FR16 in Disturbing 
the Peace:  The Challenge of Change in Texas Government.

         
 
Fiscal Analysis
 
Two estimates are contained in this fiscal note.  The first 
is discussed in text and represents estimates by TPR as laid 
out in Disturbing the Peace:  The Challenge of Change in State 
Government for Fraud Issues 1 through 11 and 16.   The second 
set of costs and savings is displayed in the fiscal note boxes 
and reflects estimates based upon input from the agencies affected 
by the provisions of the bill.  The major difference between 
the estimates relates to the implementation of the FR1 (neural 
network system) and the estimates of savings which would result. 


The components of the bill that would involve estimates 
of savings and costs include:
  1)  Sections 1.01, 1.05, 1.08, 
1.09, and 1.10 which partially implement TPR recommendation 
FR16 which would require increased collection efforts for the 
food stamp and Temporary Assistance for Needy Families (TANF) 
program.  Section 1.02 would allow the Department of Human Services 
to use earned federal funds derived from recovery of welfare 
benefits granted as a result of fraud for the prevention of 
fraud.
  2)  Sections 1.03 and 1.04 which would partially implement 
TPR recommendation FR3 by increasing the federal matching funds 
for certain Medicaid reimbursable services. 
  3)  Sections 
1.06  and 1.07 which would implement TPR recommendations FR1 
and partially implement FR6.  These provisions relate to the 
coordination of referrals in order to increase the amount of 
money recovered from fraudulent and other inappropriate claims 
payments.  The bill would require HHSC to deposit the state's 
share of money collected under the provisions of the bill into 
a new, dedicated account in the State Treasury.  Transfer of 
staff from the Department of Health and Department of Human 
Services to the Health and Human Services Commission is included 
in these provisions.  The estimates assume increased use of 
a neural network system.
  4)  Sections 2.01, 2.02, and 2.08 
which would implement TPR recommendation FR2 and relate to the 
non-emergency ambulance services and durable medical equipment 
in the Medicaid program.  
  5)  Sections 2.03, 2.04, 2.05, 
2.06, and 2.07 which would implement TPR recommendation FR4 
by requiring surety bonds, criminal background checks, revisions 
to the Medicaid provider contract, and an on-site review pilot 
of certain applicants seeking to become Medicaid providers.
 
 6)  Section 2.09  would partially implement TPR recommendation 
FR3 by reducing reimbursement code manipulation through the 
use of an automated system.

 
Methodolgy
 
The TPR estimates reflect their analysis as laid out in Disturbing 
the Peace:  The Challenge of Change in State Government for 
Fraud Issues 1 through 11 and 16.  General Revenue savings as 
estimated by the Comptroller of Public Accounts are:  $28,684,000 
in 1998; $51,247,000 in 1999; $75,183,000 in 2000; $86,145,000 
in 2001; and $97,584,000 in 2002.  Federal fund savings as estimated 
by the Comptroller of Public Accounts are:  $39,653,000 in 1998; 
$78,679,000 in 1999; $119,825,000 in 2000; $138,753,000 in 2001; 
and $158,584,000 in 2002.  The 1998-99 biennial savings to the 
General Revenue Fund as estimated by TPR related to implementation 
of the provisions of the bill would be $79,931,000.

The fiscal 
impact estimates (in the boxes below) include the following:
 
 1)  General Revenue costs of $62,500 are included to allow 
the Department of Criminal Justice to adapt its computer systems 
as required in Section 531.108.
  2)  Annual enforcement costs 
(GR) of $5,499 related to the provisions of the bill are included 
for the Board of Medical Examiners (and 0.1 FTE).
  3)  Costs 
related to revocation of licenses are included for the Department 
of Public Safety.  It is assumed that 3 FTEs will be added to 
provide this function.  Cost to Fund 6 in the first year is 
$270,662 and $105,478 each year thereafter. 
  4)  Costs for 
implementing the audit responsibilities and financial examinations 
by the Department of Insurance are estimated to be $107,105 
in the first year and $97,754 each year thereafter.  Two FTEs 
will be added:  Certified Financial Examiner and Insurance Technician 
IV.  The costs of this bill would be recovered by Overhead Assessment 
and Examination billings.  Because these amounts are creditable 
toward premium taxes due, there will be a reduction in the amount 
of premium taxes that would be deposited into the General Revenue 
Fund beginning in 1999 and each year thereafter.
  5)  Health 
and Human Services Commission costs are included for acquisition 
of neural network technology and assume that a 75/25 federal 
match will be available for that technology.  Additional HHSC 
staff to support Medicaid fraud investigations are included 
in these estimates and assume a phase-in before fully operational: 
 16.1 FTEs in 1998; 30.4 FTEs in 1999 and 36 FTEs each year 
thereafter.  Costs related to a hotline, general operations, 
equipment and travel are included.  The estimates assume costs 
(with approximately  62%  funded with federal dollars) of $3.7 
million in 1998; $4.3 million in 1999; and $4.8 million each 
year thereafter.  Savings/Gains to General Revenue (and Federal 
Funds) are also included.  The GR portion of the savings include 
$7.6 million in 1998; $8.4 million in 1999; $9.3 million in 
2000; and $10.0 million each year thereafter. 
  6)  The fiscal 
implications associated with litigation and investigation workloads 
for the Office of the Attorney General are assumed to be absorbed 
within existing resources.  In addition, it is assumed that 
the OAG will coordinate with HHSC in order to establish Memoranda 
of Understanding to enforce the provisions the bill.  
  7) 
 Cost estimates related to the Department of Human Services 
relate to collection of overissued financial food stamp benefits 
and include:  development of electronic interfaces with the 
Lottery Commission, additional staff to work the cases; edit 
of existing systems and hiring of temporary staff to man the 
telephone collection program; addition of a WATS line; electronic 
interfaces with DPS and Parks & Wildlife for suspension of driver 
and hunting licenses; study of expedited food stamp delivery; 
study of wage garnishment and property lien; and tracking of 
cases turned over to private collection agents.  Costs (with 
50% funded with federal dollars) total $1.2 million in 1998; 
$1.4 million in 1999; and $1.4 million each year thereafter. 
 Savings/gains to General Revenue due to increased collections 
are estimated to be approximately $258,000 in 1998 and $1.1 
million each year thereafter.  Staff increases include 14 FTEs 
in 1998 and 28 FTEs each year thereafter. 
  8)  Costs related 
to the Department of Health correspond to provider training 
related to billing procedures for durable medical equipment, 
travel, postage, printed materials and consultant costs (majority 
of the costs).  Total costs are estimated to be $5.4 million 
in 1998; $5.3 million in 1999; and $1.1 million each year thereafter. 
 Of these costs, approximately 10% are from General Revenue 
in the first two years and 18% each year thereafter.  Savings/gain 
to the General Revenue Fund total $7.9 million in 1998 and 1999 
with $4.0 million each year thereafter. 

These estimates 
assume growth in state employees to implement the provisions 
of the bill.  The number of full-time equivalent positions and 
cost estimates have been lowered subsequent to the issuance 
of a very similar fiscal note for House Bill 2127 due to additional 
information and analysis.  With this additional analysis, there 
are 12.3 fewer FTEs in 1998; 9.5 fewer FTEs in 1999; and 12.5 
fewer FTES each year thereafter than estimated in the House 
Bill 2127 fiscal note, as introduced, on March 19.  In addition, 
general revenue costs have been lowered by $989,632 for the 
1998-99 biennium and $493,680 each year thereafter.

[Please 
note that a number of agencies had not responded to the fiscal 
note request for this committee substitute by the time of its 
writing.]
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 Savings   Probable (Cost)    Probable           Change in Number   
            from General       from General       from Federal Funds Savings
 from     of State          
            Revenue Fund       Revenue Fund                          Federal Funds      Employees from    
                                                                                        FY 1997           
            0001               0001               0555               0555                                  
       1998      ($2,592,119)       $15,760,791      ($7,779,232)       $18,424,295              35.2
       1998       (2,960,636)        17,385,868       (8,187,804)        22,084,401              63.5
       2000       (2,737,913)        14,326,088       (4,544,863)        23,470,139              69.1
       2001       (2,737,913)        15,080,088       (4,544,863)        24,716,139              69.1
       2002       (2,737,913)        15,080,088       (4,544,863)        24,716,139              69.1
 
 
Fiscal Year Probable Revenue   Probable (Cost)    Probable Revenue   Probable 
(Cost)  
            (Loss) from        from Texas         Gain to Texas      from State                           
            General Revenue    Department of      Department of      Highway Fund                         
            Fund               Insurance          Insurance                                               
                               Operating          Operating                                               
                               Account/           Account/                                                
                               GR-Dedicated       GR-Dedicated                                            
            0001               0036               0036               0006                                  
       1998                $0        ($107,105)          $107,105        ($270,662)                  
       1999         (107,105)          (97,754)            97,754         (105,478)                  
       2000          (97,754)          (97,754)            97,754         (105,478)                  
       2001          (97,754)          (97,754)            97,754         (105,478)                  
       2002          (97,754)          (97,754)            97,754         (105,478)                  
 
         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          $13,168,672
               1999           14,318,127
               2000           11,490,421
               2001           12,244,421
               2002           12,244,421
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
There may be an impact on local courts resulting from judicial 
review of license suspensions and an increased tracking of fraud 
cases by county prosecutors.  Local governments would also have 
the same responsibility as the Office of the Attorney General 
to investigate and file on false claims.  The bill would have 
an impact on local governments to the extent that it would add 
new responsibilities not currently undertaken by local governments. 
 It is possible that local governments would have some monetary 
exposure with regard to the whistleblower provisions of the 
bill.
          
   Source:            Agencies:   362   Texas Lottery Commission
                                         696   Department of Criminal Justice
                                         304   Comptroller of Public Accounts
                                         405   Department of Public Safety
                                         302   Office of the Attorney General
                                         454   Department of Insurance
                                         655   Texas Department of Mental Health and Mental Retardation
                                         
                      LBB Staff:   JK ,BB ,AZ