COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 2726-01

Bill No.: SB 763

Subject: Certificate of Need; health Care; Health Care Professionals; Nursing and Boarding Homes

Type: Original

Date: April 14, 2004




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2005 FY 2006 FY 2007
General (Less than $179,316) (Less than $179,316) (Less than $179,316)
Total Estimated

Net Effect on

General Revenue

Fund

(Less than $179,316) (Less than $179,316) (Less than $179,316)



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.











ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Local Government $0 $0 $0




FISCAL ANALYSIS



ASSUMPTION



Officials from the Department of Economic Development - Division of Professional Registration state that this proposal would not fiscally impact their agency.



Officials from the Department of Mental Health (DMH) state that state operated long term care facilities are exempted from review certification. Therefore, there is no fiscal impact to the DMH.



Officials from the Department of Social Services - Division of Medical Services (DMS) state that hospitals are paid on a per diem rate for each day that the recipient is in the hospital. A new facility is paid either the Medicare per diem rate or 120% of the weighted average statewide per diem rate for the first three years of operation. The fourth year of operation they are given a prospective per diem rate based off of their fourth prior year cost report. DMS states with the addition of new hospitals, existing hospitals would lose patient days as individuals may go to the new hospital instead of the existing hospital. The cost to the state could either be more or less depending on the rate the new hospital is receiving versus the rate the existing hospital is receiving. The cost increase for capital would not be reflected until the hospital receives their prospective per diem rate using their fourth prior year cost report. This would not be expected to happen until FY 09.

ASSUMPTION (continued)

Officials from the Missouri Health Facilities Review Committee (MHFRC) state this proposal would result in the loss of application fees which go into General Revenue. MHFRC states there would be no oversight for new or expanded acute care services.



MHFRC states from January 1, 2003 to December 9, 2003, $79,316 was collected in application fees for major medical equipment and/or acute care-related projects, which was deposited into General Revenue. MHFRC states under this proposal, certificate of need would apply only to long term care projects.



Officials from the Office of Attorney General (AGO) state costs which may arise from this proposal are unknown. The AGO represents the Certificate of Need Board and, because of changes in definition, there may be an increas in litigation. AGO assumes costs are unknown but less than $100,000.



Officials from the Department of Health and Senior Services (DOH) state the effect of the removal of the certificate of need process for health care services and health care facilities is unknown. DOH states there is an indeterminate fiscal impact , which could result from additional costs or from cost savings due to future impact regarding the number of health care services or health care facilities requiring licensure, inspection and/or complaint investigations.



In a similar note from the previous session, DOH stated the proposal would not be expected to significantly impact the operations of the DOH. If the proposal were to substantially impact any DOH programs, the DOH would request funding through the legislative process.



FISCAL IMPACT - State Government FY 2005

(10 Mo.)

FY 2006 FY 2007
GENERAL REVENUE
Revenues-Missouri Health Facilities Review Committee
Reduction in application fees ($79,316) ($79,316) ($79,316)
Costs - Office of Attorney General

Litigation costs

(Less than $100,000) (Less than $100,000) (Less than $100,000)
ESTIMATED NET EFFECT ON GENERAL REVENUE



(Less than $179,316)


(Less than $179,316)


(Less than $179,316)


FISCAL IMPACT - Local Government FY 2005

(10 Mo.)

FY 2006 FY 2007
$0 $0 $0



FISCAL IMPACT - Small Business



No direct fiscal impact to small businesses would be expected as a result of this proposal.



DESCRIPTION



This act limits the certificate of need law to only long-term care facilities



This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.



SOURCES OF INFORMATION



Missouri Health Facilities Review Committee

Department of Health and Senior Services

Department of Social Services

Department of Mental Health

Department of Economic Development -

Division of Professional Registration

Office of Attorney General







Mickey Wilson, CPA

Director

April 14, 2004