LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                               May 15, 2001
  
  
          TO:  Honorable Bill Ratliff, Lieutenant Governor,  Senate
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB236  by Harris (relating to court-ordered medical
               support for certain children.), As Passed 2nd House
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  SB236, As Passed 2nd House:  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 Year    Probable Revenue Gain/(Loss) from   *
         *                 New General Revenue Dedicated-     *
         *                       Texas Healthy Kids           *
         *      2002                               $5,600,000 *
         *      2003                                2,000,000 *
         *      2004                                2,000,000 *
         *      2005                                        0 *
         *      2006                                        0 *
         *****************************************************
  
Fiscal Analysis
  
The bill would amend Chapter 154 Family Code, relating to the issuance of
medical support orders.  The bill would limit the provision of insurance
by a parent to insurance that is available at a "reasonable cost,"
defined as up to 10 percent of the responsible parent's net income in a
month. The bill would remove the option of insuring a child through the
Texas Healthy Kids Corporation.

The bill would require the Texas Department of Insurance to monitor the
implementation of the dissolution of the corporation.  The bill would
require the Comptroller to transfer all money in the Texas Healthy Kids
Fund, other than the amount required to satisfy its obligations incurred
before June 15, 2001, to a new, dedicated account in the General Revenue
Fund.

The bill would require the Commissioner of Insurance and the board of
directors of the Texas Healthy Kids Corporation to determine the amount
of money necessary to satisfy the corporation's obligations.  Once those
obligations were satisfied, all the remaining funds, including any funds
received in the settlement of litigation, would have to be deposited in
the new account.

The bill would allow the new account to be appropriated only to the Texas
Health and Human Services Commission to provide coverage under the state
child health plan. The bill would require the Texas Health and Human
Services Commission and the Attorney General to request any federal
waiver or authorization necessary related to the provision of medical
assistance and to develop and publish necessary rules.

The bill would take effect immediately upon enactment if it received the
requisite two-thirds majority votes in both houses of the Legislature.
Otherwise, it would take effect September 1, 2001.
  
  
Methodology
  
The bill would create a new, dedicated account within General Revenue
Fund, and it would transfer money from the Texas Healthy Kids Fund to the
account.  The bill would require that the transfer of the unobligated
balance take place August 31, 2001.

The bill would require the Commissioner of Insurance to determine when
all the corporation's obligations were satisfied.  At that time, any
remaining balance, including any amounts from the settlement of
litigation, would be transferred to the new account.  According to the
Comptroller's Office, under a current settlement, two payments of $2
million each would be received on December 31, 2001 and December 31,
2002.  This estimate assumes that the corporation's obligations would be
satisfied before December 31, 2001 and the settlement payments would be
made directly into the new account.
  
  
Local Government Impact
  
No fiscal implication to units of local government is anticipated.
  
  
Source Agencies:   454   Texas Department of Insurance, 529   Health and
                   Human Services Commission, 304   Comptroller of
                   Public Accounts
LBB Staff:         JK, JC, RT, DE, AJ