LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 2, 2001 TO: Honorable John T. Smithee, Chair, House Committee on Insurance FROM: John Keel, Director, Legislative Budget Board IN RE: HB2430 by Naishtat (Relating to a consumer assistance program for health benefit plan consumers.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB2430, As Introduced: positive impact of $0 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 $0 * * 2003 0 * * 2004 0 * * 2005 0 * * 2006 0 * **************************************************** All Funds, Five-Year Impact: *************************************************************************** *Fiscal Probable Savings/(Cost) from Probable Revenue Gain/(Loss) * * Year Texas Department of Insurance from Texas Department of * * Operating Fund Account/ Insurance Operating Fund * * GR-Dedicated Account/ GR-Dedicated * * 0036 0036 * * 2002 $(2,463,977) $2,463,977 * * 2003 (3,565,217) 3,565,217 * * 2004 (3,565,217) 3,565,217 * * 2005 (3,565,217) 3,565,217 * * 2006 (3,565,217) 3,565,217 * *************************************************************************** Fiscal Analysis The bill would establish the "Health Benefit Plan Consumers Assistance Program." The Commissioner of Insurance would be authorized to contract with a non-profit organization to operate it. The contractor could not be a health plan issuer or provider, but must have expertise in providing direct assistance to health plan consumers with problems or concerns. The program would have very broad responsibilities. First, it would be open to consumers under virtually any type of health and accident plan, whether individual or group. This would include plans issued through insurers and Health Maintenance Organizations (HMOs), Multiple Employer Welfare Arrangements (MEWAs), Children's Health Insurance Program (CHIP), Employees Retirement System (ERS), Teachers Retirement System (TRS), and Medicare and Medicaid, although not including Employee Retirement Income Security Act (ERISA) plans. The program would be charged with assisting consumers appealing denials, terminations, reductions in health care services, or refusals to pay for such services. This would include utilization review appeals and Medicare or Medicaid "fair" hearings. It would provide consumers with information about health plans available and the rights and responsibilities of enrollees under the plans and operate a toll-free number and interactive Internet site for consumers to obtain information, advice and assistance. It would also collect data regarding inquiries, problems and grievances it handles, periodically distributing analyses of this data to employers, plan issuers, regulatory agencies and the public. The bill would affect HealthSelect, HealthSelect Plus and HMO's in the Uniform Group Insurance Plan (UGIP). Employees and retirees who selected HealthSelect and HealthSelect Plus could use the program to assist them with claims denials and group life and health evidence of insurability denials. Employees and retirees who selected an HMO in the UGIP would be under the regulation of TDI for these services. The Employees Retirement System expects a non-significant increase in court costs at the State Office of Administrative Hearings. Methodology TDI assumes it would contract with a non-profit organization to operate this new program and it would take at least six months of fiscal year 2002 to implement. According to TDI, given the high consumer interest in health insurance as well as high volume of phone calls and complaints TDI handles, there is the potential for hundreds of thousands of Texans to be referred to the program. Based on fiscal year 2000, TDI s Information Assistance operators answered about 126,000 Accident and Health (A&H) calls. This figure equals about one percent of insured Texans. Applying this percentage to the total Texas population of 21 million, the call center could receive 210,000 calls per year. TDI also received about 19,700 A&H complaints, compared to 126,000 A&H phone calls. TDI s experience is that the ratio of A&H calls to A&H complaints is about 15 percent. Applying this percentage to the estimated 210,000 calls that TDI could receive, an estimated 31,500 cases could be handled by the program each year. TDI estimates that 10 percent or 3,150 cases will go to a hearing. An Executive Director will provide oversight, direction, and accountability for the program. In addition, a webmaster would be responsible for creating and maintaining the program's interactive Internet site. It is assumed that TDI would adjust its fees to cover the cost of implementing the bill. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 454 Texas Department of Insurance, 327 Employees Retirement System, 323 Teacher Retirement System LBB Staff: JK, JO, RT, DE