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: