LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session April 12, 1999 TO: Honorable Patricia Gray, Chair, House Committee on Public Health FROM: John Keel, Director, Legislative Budget Board IN RE: HB2315 by Maxey (Relating to the investigation and prosecution of fraud in certain benefit programs operated by the state; providing administrative penalties), Committee Report 1st House, Substituted ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB2315, Committee Report 1st House, Substituted: positive impact * * of $6,421,388 through the biennium ending August 31, 2001. * * * * The bill would make no appropriation but could provide the legal * * basis for an appropriation of funds to implement the provisions of * * the bill. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2000 $(557,665) * * 2001 6,979,053 * * 2002 13,279,341 * * 2003 11,465,966 * * 2004 11,278,562 * **************************************************** All Funds, Five-Year Impact: *********************************************************************** *Fiscal Probable Probable Probable Probable Change in * * Year (Cost) from (Cost) from Savings Savings Number of * * General Federal from from State * * Revenue Funds General Federal Employees * * Fund 0555 Revenue Funds from FY 1999 * * 0001 Fund 0555 * * 0001 * * 2000 $(609,854) $559,376 $0 9.0 * * $(1,117,041) * * 2001 (2,028,804) (1,612,062) 9,007,857 13,416,119 9.0 * * 2002 (1,556,742) (1,140,000) 14,836,083 22,671,293 9.0 * * 2003 (1,556,742) (1,140,000) 13,022,708 19,791,668 9.0 * * 2004 (1,556,742) (1,140,000) 12,835,304 19,494,072 9.0 * *********************************************************************** Technology Impact The bill would require adaptations to the current System for Application, Verification, Eligibility, Referral and Reporting (SAVERR) at the Department of Human Services. Because this system is not yet Year 2000 compliant, it is anticipated that the adaptations to the SAVERR system will begin in the last quarter of fiscal year 2000. The bill would require modifications to the current medical profile and tape matches, as well as require a redesign of the medical identification card. Total costs related to the system changes are estimated to be $1.8 million (50 percent State). Fiscal Analysis The bill relates to the investigation and prosecution of fraud in certain programs administered by the State. The bill would affect several agencies, including the State Office of Risk Management (SORM), Health and Human Services Commission (HHSC), Department of Health (TDH) and Department of Human Services (DHS). The bill would require the agencies to implement certain provisions that would result in additional review of medical benefit claims, health care providers and recipients of health benefits. Methodology State Office of Risk Management (SORM) 1. It is assumed that 9 FTEs will be required to assist in performing periodic review of claims, investigating claims/complaints and creating an administrative penalty system ($507,187 in year one; $416,742 in subsequent years). 2. Savings estimated by SORM equate to approximately two percent of the medical benefit expenditures from the Worker's Compensation Claim Fund ($559,376 per year). Note: The bill would require the Comptroller of Public Accounts to deposit administrative penalties in an amount not to exceed $200,000 per biennium in a new, dedicated GR Account - State Workers' Compensation, to be used for the detection and prosecution of fraud. SORM was not able to provide an estimate of revenue generation at this time but notes that costs would exceed $200,000 for the biennium as included above in #1. Medicaid Related Estimates 1. Costs for information technology system adjustments will begin in the last quarter of fiscal year 2000. This assumption is based upon the anticipation that the DHS SAVERR system will not be Year 2000 compliant until late in calendar year 1999. 2. Contracted services will be required for programming the SAVERR system and redesign of the Medicaid identification form by DHS ($1.8 million); phone and/or on-site verification of benefits by HHSC ($0.8 million annually); and testing of claims payment systems by TDH ($1.1 million in 2001 and $1.5 million each subsequent year). These administrative costs will be equally shared between the State and federal government. 3. Savings estimates provided by the Comptroller of Public Accounts have been adjusted to reflect the anticipated delay in automated system adjustments. Savings would begin in the middle of fiscal year 2001. Under current operations, if overpayments are identified by the National Heritage Insurance Company on behalf of the Department of Health, the State receives these refunds through premium credits and shares them with the federal government. 4. The savings relate to client services payments which will be shared with the federal government (39 percent State; 61 percent federal). Note: The State currently accepts eligibility determination by the federal Social Security Administration (SSA) for Supplemental Security Income (SSI) eligible individuals as conferring Medicaid eligibility in Texas. It may be necessary for the State to renegotiate or alter its current arrangement with SSA in order to implement the provisions of the bill. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 501 Department of Health, 304 Comptroller of Public Accounts, 324 Department of Human Services, 479 State Office of Risk Management, 529 Health and Human Services Commission LBB Staff: JK, TP, AZ