Honorable Patrick M. Rose, Chair, House Committee on Human Services
John S. O'Brien, Director, Legislative Budget Board
SB643 by Nelson (Relating to the protection and care of individuals with mental retardation; providing criminal penalties.), Committee Report 2nd House, Substituted
|Fiscal Year||Probable Net Positive/(Negative) Impact to General Revenue Related Funds|
|Fiscal Year||Probable Savings/(Cost) from
GR Match For Medicaid
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|Probable Revenue Gain/(Loss) from
General Revenue Fund
|Change in Number of State Employees from FY 2009|
This analysis assumes all rulemaking can be accomplished within existing resources.
SECTION 6: DADS estimates 426 mortality reviews would occur annually. The total cost would be $3,854,000 per year, assuming a three-day review cost of $9,000 and $20,000 annually for report production.
SECTIONS 10, 26-28: Investigations in Private ICF-MRs
DFPS reports it would require 23.5 staff members, including support staff, to complete the investigations in privately-operated ICF-MRs at a cost of $965,275 in fiscal year 2010 and approximately $1,268,514 for 2011 and each subsequent year. DFPS indicates the IMPACT system would need to be updated to include the ICF-MR facilities and the one-time cost of the update would be $105,370 in fiscal year 2010.
SECTIONS 14-16: DADS indicates a one-time total cost $650,000 would be required due to the change in nomenclature from “state school” to “state supported living center.”
SECTION 18: DADS indicates that in order to satisfy the notification requirement, it will require 24 new staff members (2 per facility including the RGSC). DADS assumes it will notify family members and legally authorized representatives when an incident occurs and upon resolution. The total costs for salaries, benefits, and other operating expenses would be $1,200,722 in fiscal year 2010 and approximately $1,514,971 in fiscal year 2011 and each additional year. This analysis assumes the FTEs are phased-in for fiscal year 2010. There could be additional postage costs but they cannot be estimated at this time and are not included in this analysis.
Forensic State Supported
It is assumed the agency can absorb the costs of transporting alleged offenders to Mexia and current residents requesting a transfer from Mexia within existing resources, and the costs of training staff. DADS indicates it would require $88,000 to move records and personal belongings of alleged offender residents. HHSC assumes 50 administrative hearing will occur and that it can absorb costs within existing resources. It is possible that the creation of a state supported living center for alleged offenders apart from other clients could result in the loss of some Federal Funds for the operation of the facility. The related cost to the General Revenue Fund is not estimated at this time.
Based on DADS and DSHS estimates, initial background checks would be required for 12,992 employees, 5,640 employee applicants, 964 volunteers, and 48 volunteer applicants. In subsequent years, background checks for 5,640 employee applicants and 48 new volunteers would be required.
DPS indicates each initial check will cost the agencies $34.25, and of this amount, $17.25 be paid to the FBI. DPS estimates 3.5 percent of the initial screens will result in an electronic update and each update costs $1.00.
The total fees assessed on DADS would be $652,435 in fiscal year 2010 and $188,781 in fiscal year 2011 and each following year. The total fees assessed on DSHS would be $20,379 for fiscal year 2010 and $6,522 for fiscal year 2011 and each following year. This analysis assumes DADS and DSHS would use General Revenue and Federal Funds to pay the fees to DPS. $338,862 in fiscal year 2010 and $98,118 in fiscal year 2011 and each following year would be paid out of the General Revenue Fund to the FBI for obtaining federal background checks.
DADS assumes drug testing 25 percent of the 12,687 state supported living center staff with direct contact with residents or clients per year and a cost of $30 per test. This analysis also assumes testing 25 percent of the 305 RGSC employees with direct contact with residents or clients. The total cost would be $97,440 each fiscal year.
DADS would need to develop new training materials for state supported living center employees and it is assumed these costs could be absorbed within existing resources. DADS assumes training would be made available to staff from privately-operated ICF-MRs and HCS providers as space is available at no cost.
DADS assumes there would be one-time costs associated with purchase of cameras and related technology including drop cables and servers, and ongoing costs for data storage and the cost of maintaining and replacing the cameras. DADS assumes 234 FTEs and 10,178 cameras would be required to implement the video surveillance program. This is based on a ratio of 1 person to 200 cameras, accounting for three shifts. If a smaller ratio were assumed, costs would increase. Based on DADS’ assumption, the total cost including data storage and equipment replacement costs, would be $25,296,923 in fiscal year 2010 and $13,807,288 in fiscal year 2011 and each subsequent year. Of this amount, the cost for employee salaries, benefits, and other expenses would be $6,904,373 in fiscal year 2010, and approximately $8,926,033 in fiscal year 2011 and each subsequent year. The FTEs would be phased-in in fiscal year 2010.
This analysis assumes three staff members would be required to implement this provision including one independent ombudsman, one assistant ombudsman for RGSC, and one administrative assistant. It is assumed existing staff positions could be designated as the assistant ombudsman in the 12 state supported living centers. The office of independent ombudsman would be required to establish a toll-free number at an annual cost of $3,600. The total cost would be $164,713 in fiscal year 2010 and approximately $206,663 in fiscal year 2011 and each following year. The FTEs are phased-in for fiscal year 2010.
The office of independent ombudsman would prepare and distribute an annual report to several entities proscribed in the bill, and it is assumed the costs associated with review of the report could be absorbed within existing resources.
HHSC indicates 43 additional FTEs would be needed as peace officers or support staff to conduct investigations and assist state and local law enforcement in the investigations of alleged criminal offenses involving residents or clients of state supported living centers. The total cost would be $2,256,286 in fiscal year 2010 and an estimated $2,914,498 in fiscal year 2011 and each subsequent year, which includes salaries, benefits, and travel expenses, and $30,000 in annual certification expenses. The FTEs would be phased-in during fiscal year 2010.
OIG would provide a copy of each investigation’s report and an annual report to several entities proscribed in the bill including the State Auditor’s Office (SAO). Pending approval of the Legislative Audit Committee, the SAO would require 200 hours annually to review the approximately 720 reports. It is assumed the costs associated with review could be absorbed within existing resources. The Office of the Attorney General indicates that any legal work resulting from the passage of this bill could be reasonably absorbed within current resources.
SECTIONS 3-4, 21, 25, 26-28: DFPS Referrals to OIG
DFPS indicates it will have to operationalize new rules for interaction with OIG which can be accomplished within existing resources. DFPS indicates it will require 9 new staff members to make referrals to OIG. DFPS will have to modify the IMPACT system to refer cases to OIG and to receive OIG referrals. The system changes will involve a one-time cost of $543,243 in fiscal year 2010. Total costs would be $1,195,709 in fiscal year 2010 and approximately $832,010 in fiscal year 2011 and in each additional year. Total costs for salaries, benefits, and operating expenses are $652,475 in fiscal year 2010 and approximately $832,010 in fiscal year 2011 and each additional year.
SECTION 22: This analysis assumes costs for any responsibilities outlined in the MOU would be addressed in other sections of the bill.
SECTION 30: DFPS estimates the total cost of creating a tracking database will be $767,257 in fiscal year 2010, and approximately $255,937 in fiscal year 2011 and each subsequent year. This includes a one-time expenditure of $577,282 for contractors, hardware and software in fiscal year 2010, and ongoing licensing and maintenance costs of $8,781 in each additional year. DFPS indicates it will require three new employees. Total costs for salaries, benefits, and operating expenses would be $189,975 in fiscal year 2010 and approximately $247,156 in each subsequent year.
SECTION 33: This analysis assumes the new cost of the assistant commissioner position would be offset by the elimination of the section director position.
SECTION 34: DADS estimates a need for 7 new staff members to complete the reviews of existing HCS group homes, including 1 manager. The costs associated with these additional FTEs, including salaries, benefits, travel, and other operating expenses, would be $454,267 in fiscal year 2010 and approximately $565,985 for fiscal year 2011 and in each subsequent year. The FTEs are phased-in for fiscal year 2010. DADS indicates that the one-time cost to build its database will be $944,460 in fiscal year 2010, and DADS will require 3 FTEs to review reports including 1 administrative assistant and 2 program specialists. Ongoing annual data center services would be $200,000 beginning in fiscal year 2010. Total costs for salaries, benefits, and operating expenses are $1,092,873 in fiscal year 2010 and approximately $387,962 in fiscal year 2011 and each additional year. The FTEs are phased-in in fiscal year 2010.
SECTION 38: The costs associated with creation of a new interim select committee are assumed not to have a significant fiscal impact.
SECTION 39: This analysis assumes DADS can absorb costs associated with producing a report on training requirements and availability within existing resources.
The fiscal impact includes $2,002,478 and 3.0 FTEs in fiscal year 2010 and approximately $2,409,422 and 4.6 FTEs in fiscal year 2011 and subsequent years based on increased FTEs at HHSC, DADS, and DFPS.
Technology costs are included in the costs above.
DADS: To implement the video surveillance provision, DADS assumes a need for 10,178 cameras with a cost of $1,475 (includes camera and drop cable) and 130 servers (10 per facility) with a cost of $6,000 each. Ongoing costs include an annual data storage cost of $260,000 per facility and costs of replacing the cameras. The total cost is $18,392,550 in fiscal year 2010 and $4,881,255 in fiscal year 2012 and in subsequent years. To operate a toll-free number at the office of the independent ombudsman, DADS estimates an annual cost of $3,600. To create a database for abuse, neglect, and exploitation, DADS indicates it would incur a one-time expense of $944,460 in fiscal year 2010, with data center service costs of $200,000 annually.
DFPS: DFPS indicates the IMPACT system would need to be updated to include the ICF-MR facilities which involve a one-time cost of $105,370 in fiscal year 2010. DFPS also assumes it would modify IMPACT to interact with OIG for a one-time cost of $543,234 in fiscal year 2010. To create the tracking database, DFPS estimates a one-time cost of $577,282 would be required in fiscal year 2010 and ongoing licensing and maintenance costs of $8,781 in fiscal year 2011 and in each subsequent year.
308 State Auditor's Office, 405 Department of Public Safety, 529 Health and Human Services Commission, 530 Family and Protective Services, Department of, 537 State Health Services, Department of, 539 Aging and Disability Services, Department of
JOB, CL, JI, LL, BM