LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session April 2, 1997 TO: Honorable David Sibley, Chair IN RE: Senate Bill No. 976 Committee on Economic Development By: Madla Senate Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on SB976 ( Relating to managed care plans issued by managed care organizations under Medicare risk-sharing contracts; imposing administrative penalties.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by SB976-As Introduced Implementing the provisions of the bill would result in a net impact of $0 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 amend the Texas Insurance Code by adding Article 21.52(G) which would establish pre-enrollment requirements for organizations which issue managed care plans under Medicare risk-sharing contracts. This bill would apply to all HMOs approved to offer a managed care plan on a risk-sharing basis. Section 3 of the bill would require managed care organizations to provide certain pre-enrollment information to prospective enrollees. The Commissioner of the Texas Department of Insurance (TDI) would prescribe the form in which this would be done. According to TDI, as authorized by Section 20A.32(a)(F) of the Texas Insurance Code, TDI would require each HMO to file a copy of the form to be used at a cost of $100 each. Accordingly, there would be a one time revenue gain to General Revenue Dedicated Fund 036 of $1,200 in FY 1998. Section 6 of the bill would require TDI to provide an ombudsman to assist Medicare recipients enrolled in a managed care plan and to ensure that managed care organizations subject to this Article are in compliance. This would require the addition of one FTE, at a cost of $51,478 in FY 1998 and $46,332 in FYs 1999 though 2002 to General Revenue Dedicated Fund 036. Methodolgy Cost and revenue gain to General Revenue Dedicated Fund 036 were estimated using the following assumptions: (1) There are approximately 210,000 Medicare recipients enrolled in managed care plans. Not all would require the services of the ombudsman and of those who do, requests for ombudsman services would be staggered; and, (2) The $1,200 revenue gain to General Revenue Dedicated Fund 036 is based on the fact that there are currently 12 HMOs approved to offer managed care plans on a risk-sharing basis. It is assumed that TDI would charge $100 per form filed by these HMOs, the maximum allowed by the Texas Insurance Code. This would be a one-time filing and, therefore, a one-time revenue gain. 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 Revenue Change in Number Savings/(Cost) Gain/(Loss) from of State from Texas Texas Department Employees from Department of of Insurance FY 1997 Insurance Operating Operating Account/ Account/ GR-Dedicated GR-Dedicated 0036 0036 1998 ($51,478) $1,200 1.0 1998 (46,332) 1.0 2000 (46,332) 1.0 2001 (46,332) 1.0 2002 (46,332) 1.0 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 $0 1999 0 2000 0 2001 0 2002 0 Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. Source: Agencies: LBB Staff: JK ,TH ,BK