LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 9, 2001 TO: Honorable Elliott Naishtat, Chair, House Committee on Human Services FROM: John Keel, Director, Legislative Budget Board IN RE: SB691 by Moncrief (Relating to the creation of an assisted living facility trust fund.), As Engrossed ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB691, As Engrossed: an 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 Assisted Living Facilities * * Trust Fund * * 2002 $500,000 * * 2003 84,603 * * 2004 84,773 * * 2005 82,738 * * 2006 82,738 * ***************************************************** Fiscal Analysis The bill would amend Subchapter D, Chapter 242, Health and Safety Code, by adding Sections 242.0965 and 242.0975. Section 242.0965 would establish the Assisted Living Facility Trust Fund with the Comptroller of Public Accounts and make funds available to the Department of Human Services (DHS) as directed by the Courts, for expenditures without legislative appropriation, to make emergency assistance funds available to an assisted living facility. Any unencumbered amount in the Assisted Living Facility Trust Fund in excess of $500,000 at the end of each fiscal year would be transferred to the credit of the General Revenue Fund and may be appropriated only to the department for its use in administering and enforcing Chapter 247, Assisted Living Facilities. Section 242.0975 would require the department to adopt an annual fee to be charged and collected if the amount of the Assisted Living Facility Trust Fund is less than $500,000. The fee would be in addition to the license fee provided by Section 247.024. The fee would be set on the basis of the number of beds in assisted living facilities that are required to pay the fee, in an amount necessary to provide not more than $500,000 in the fund, and would be deposited to the credit of the assisted living facility trust fund created by the subchapter. Methodology Based on previous years data related to per bed costs placed into the Nursing Facility Trust Fund and the number of inspections per year as a measure of growth, DHS assumed 53,780 licensed beds in FY 2002 and 56,989 beds in FY 2003. By dividing the $500,000 fund amount required by the number of beds assumed in FY 2002, DHS estimated that a $9.30 per licensed bed fee would be required for the new fund. For FYs 2003-2006 DHS assumed that expenditures from the fund would occur in the same proportion as expenditures from the Nursing Home Trust Fund in FY 2000. Based on that assumption, DHS estimated a per bed fee of $1.48 in FY 2003, $1.44 in FY 2004, $1.36 in FY 2005, and $1.31 in FY 2006. The numbers above do not include any assumptions related to additional deposits to General Revenue. DHS stated that Nursing Facilities would be affected by the change. Their per bed fees would increase in proportion to the decrease in total beds associated with the new trust fund. DHS stated there are no costs or staffing implications to this bill. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 304 Comptroller of Public Accounts, 324 Texas Department of Human Services LBB Staff: JK, HD, KF, ML