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