LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session April 1, 1997 TO: Honorable John T. Smithee, Chair IN RE: Senate Bill No. 387, As Engrossed Committee on Insurance By: Harris/et al. House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on SB387 ( Relating to the creation of a rating system and consumer report cards for the comparison of health care plans.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by SB387-As Engrossed Implementing the provisions of the bill would result in a net positive impact of $489,000 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. Fiscal Analysis This bill would add Article 1.35A-1 to Chapter 1 of the Insurance Code to authorize the Office of the Public Insurance Counsel (OPIC) to create a rating system to compare and evaluate the quality of health care provided by health maintenance organizations (HMOs). This bill would allow OPIC to enter into contracts as necessary to create this rating system. This bill would authorize OPIC to develop a consumer report card that identifies and compares each HMO and preferred provider that offers a health benefit plan in Texas. This report card would be updated annually and OPIC would be authorized to charge a reasonable fee for distribution of the report card, not to exceed the cost of producing the consumer report card. Implementing the provisions of this article would result in costs to OPIC of $113,000 in fiscal year 1998, and $68,000 in fiscal years 1999 though 2002. This includes $68,000 for the salaries and benefits of two research specialists, and $125,000 for professional fees for contracting with vendors to administer surveys. Printing and postage would cost $45,000 per fiscal year; since these costs would be recouped at the time a person requests a report, there would be a one year lag between accruing and recouping these costs. Therefore, the $45,000 is shown as a cost for fiscal year 1998 only. Article 1.35B(a) of the Insurance Code would be amended to allow costs associated with the administration of OPIC's duties under Article 1.35A-1 to be covered by the assessment currently collected by the Comptroller to defray the costs of operating OPIC. Article 1.35B(a) would be amended to increase the assessment from 3.0 cents to 5.7 cents per initial life, accident, health, and HMO policy written. This would create a gain to General Revenue of $328,000 in fiscal year 1998, $342,000 in fiscal year 1999, $357,000 in fiscal year 2000, $372,000 in fiscal year 2001, and $389,000 in fiscal year 2002. Methodolgy Fiscal impact associated with the cost of producing the managed care report card were estimated based on the assumption that OPIC would complete the first report card by September 1, 1998. OPIC based professional fees on the cost of administering surveys to 62 managed care providers at approximately $2,000 each. Printing costs were estimated based on the costs associated with producing 50,000 copies of a 25 page document; postage costs were estimated based on distributing 15,000 reports by mail. Gains to the General Revenue fund were based on the fiscal impact of raising the OPIC assessment to 5.7 cents from 3.0 cents per initial life, accident, health, and HMO policies. These gains were calculated by applying the amount of assessment increase times the projected number of initial policies, based on historical data and the Comptroller's 1998-99 Biennial Revenue Estimate. Because the act takes effect September 1, 1997, these gains were based on the assumption that the assessment increase would apply to calendar year 1997 policies, whose assessment would fall due March 1, 1998. If the intent of the bill is to have the assessment apply only to policies with the initial premium paid after January 1, 1998, the impact for fiscal 1998 would be reduced to zero. The fiscal impact for succeeding years would remain as calculated. Five Year Impact: Fiscal Year Probable Probable Change in Number Savings/(Cost) Savings/(Cost) of State from General from General Employees from Revenue Fund Revenue Fund FY 1997 0001 0001 1998 ($113,000) $328,000 2.0 1998 (68,000) 342,000 2.0 2000 (68,000) 357,000 2.0 2001 (68,000) 372,000 2.0 2002 (68,000) 389,000 2.0 Net Impact on General Revenue Related Funds: