LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              March 20, 2001
  
  
          TO:  Honorable Patricia Gray, Chair, House Committee on Public
               Health
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB416  by Maxey (Relating to requiring drug wholesalers
               to provide certain information to the Texas Department of
               Health.), As Introduced
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB416, As Introduced:  positive impact of $6,287,761 through the      *
*  biennium ending August 31, 2003.                                      *
*                                                                        *
*  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                *
          *       2002                           $1,945,508  *
          *       2003                            4,342,253  *
          *       2004                            4,490,834  *
          *       2005                            4,643,335  *
          *       2006                            4,801,016  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
***************************************************************************
*Fiscal      Probable        Probable        Probable        Probable     *
* Year    Savings/(Cost)  Savings/(Cost)  Savings/(Cost)  Savings/(Cost)  *
*         from GR Match   from GR Match    from Federal    from Federal   *
*          for Medicaid    for Medicaid  Funds - Federal Funds - Federal  *
*              0758            0758            0555            0555       *
*  2002        $(148,000)      $2,616,885      $(148,000)      $3,958,202 *
*  2003                 0       5,427,816               0       8,168,918 *
*  2004                 0       5,613,542               0       8,444,916 *
*  2005                 0       5,804,169               0       8,731,692 *
*  2006                 0       6,001,270               0       9,028,206 *
***************************************************************************
  
         *****************************************************
         * Fiscal Year    Probable Revenue Gain/(Loss) from   *
         *                Vendor Drug Rebates (State Share)   *
         *                              0706                  *
         *      2002                               $(523,377) *
         *      2003                              (1,085,563) *
         *      2004                              (1,122,708) *
         *      2005                              (1,160,834) *
         *      2006                              (1,200,254) *
         *****************************************************
  
Technology Impact
  
One-time automation costs at the Department of Health (TDH) are assumed
to include 1,000 hours at $76 per hour.  One-time automation costs at
the Department of Human Services (DHS) are assumed to include 2,000
hours at $110 per hour.  The federal share of automation expenses would
be 50%.
  
  
Fiscal Analysis
  
The bill would require wholesale drug distributors to file annually with
TDH information showing the purchase price the distributor pays for each
drug the distributor sells in this state.  The bill would allow TDH and
the Office of the Attorney General to investigate the distributor to
determine the accuracy of information.  The bill would become effective
September 1, 2001.
  
  
Methodology
  
It is assumed the availability of detailed cost information will allow
the Medicaid Vendor Drug program (operated by TDH) to negotiate a 1%
discount off of the current pricing structure, effective March 2001.  The
unadjusted average cost (price) per prescription paid by the program in
FY 2001 is assumed to be $47.33.  No increases are assumed for future
years.   The estimated number of annual Medicaid prescriptions totals
27,784,015 in FY 2002, 28,727,517 in FY 2003, 29,703,059 in FY 2004,
30,711,729 in FY 2005, and 31,754,651 in FY 2006.   Savings would accrue
to federal funds and State General Revenue Match for Medicaid.  The
federal share would total 60.20% in FY 2002, 60.08% in FY 2003, and
60.07% in each subsequent year.

Approximately 20% of the General Revenue for the Vendor Drug program is
provided through manufacturer rebates.  A reduction in General Revenue
costs would in turn reduce revenue (Vendor Drug Rebates).  This reduction
would partially offset the savings identified above.

Potentially, the bill could result in savings to other prescription drug
programs operated by TDH and other state agencies.  The fiscal impact to
other programs has not been estimated.
  
  
Local Government Impact
  
No fiscal implication to units of local government is anticipated.
  
  
Source Agencies:   302   Office of the Attorney General, 501   Texas
                   Department of Health
LBB Staff:         JK, HD, PP, SW