LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session May 1, 1997 TO: Honorable Hugo Berlanga, Chair IN RE: Senate Bill No. 1247, As Engrossed Committee on Public Health By: Madla House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on SB1247 ( Relating to regulation of a home and community support services agency; providing an administrative penalty.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by SB1247-As Engrossed 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 Section 2 would require applicants for a Home and Community Support Services agency license to provide identifying information on the owner, administrator, and chief financial officer to enable the Department of Health to conduct criminal background checks on those persons. Section 2 would also require the Department of Health to evaluate and consider all information collected under the application process, which would include financial solvency information which is currently collected but not evaluated by the Department of Health. Section 5 adds administrative penalty provisions. Methodolgy It is estimated that the costs associated with conducting background checks on owners, administrators, and chief financial officers is $50,470 for the first year and $41,494 in subsequent years. One full-time equivalent would be added. It is estimated that the costs associated with evaluating financial solvency information would be $286,516 for the first year and $254,002 in subsequent years. Four full-time equivalent positions would be added for this function. It is estimated that costs associated with enforcement actions through administrative penalties would be $362,835 for the first year and $308,979 for subsequent years. Six full-time equivalent positions would be added. Administrative penalties assessed are deposited to the credit of the general revenue fund. Some new revenue is likely to result from administrative penalties. The Department of Health anticipates increasing licensing fees to the statutory maximum of $1,000 for all Home and Community Support Services Agencies (initial licenses, renewals, and for parents as well as branches and alternative delivery sites). First year costs are reduced by 30 percent to reflect a phase-in period. 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 Home Health Home Health Employees from Services Services FY 1997 Account/ Account/ GR-Dedicated GR-Dedicated 5018 5018 1998 ($489,875) $489,875 8.0 1998 (595,475) 595,475 11.0 2000 (595,475) 595,475 11.0 2001 (595,475) 595,475 11.0 2002 (595,475) 595,475 11.0 Net Impact on General Revenue Related Funds: 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. No fiscal implication to units of local government is anticipated. Source: Agencies: 302 Office of the Attorney General 501 Department of Health LBB Staff: JK ,BB ,KF