Page 1 February 23, 2022 HB 22-1221 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Fiscal Note Drafting Number: Prime Sponsors: LLS 22-0366 Rep. Michaelson Jenet Sen. Fields Date: Bill Status: Fiscal Analyst: February 23, 2022 House HHS Erin Reynolds | 303-866-4146 Erin.Reynolds@state.co.us Bill Topic: COUNTY CORONER & MORTUARY MENTAL HEALTH PROGRAM Summary of Fiscal Impact: ☒ State Revenue ☒ State Expenditure ☐ State Transfer ☒ TABOR Refund ☒ Local Government ☐ Statutory Public Entity The bill creates the County Coroner and Mortuary Mental Health and Wellness Program in the Behavioral Health Administration to provide mental health services to county coroner offices, funeral directors, and mortuary science practitioners where existing health insurance plans do not include coverage. From FY 2022-23 to FY 2029-30, the bill increases state expenditures and may increase state revenue. Appropriation Summary: For FY 2022-23, the bill requires an appropriation of $197,214 to the Department of Human Services Fiscal Note Status: The fiscal note reflects the introduced bill. Table 1 State Fiscal Impacts Under HB 22-1221 Budget Year FY 2022-23 Out Year FY 2023-24 Revenue - - Expenditures General Fund $197,214 $261,664 Centrally Appropriated $16,829 $17,449 Total Expenditures $214,043 $279,113 Total FTE 1.0 FTE 1.0 FTE Transfers - - Other Budget Impacts General Fund Reserve $29,582 $39,250 Page 2 February 23, 2022 HB 22-1221 Summary of Legislation By January 31, 2023, the bill requires the Behavioral Health Administration (BHA) to administer or contract for the administration of the County Coroner and Mortuary Mental Health and Wellness Program. The program will provide mental health and wellness services to county coroners and their staff, volunteers as determined by a county coroner, funeral directors, and mortuary science practitioners where existing health insurance does not include these services, or where the person has no health insurance. Funeral directors and mortuary science practitioners that request to participate in the program must have their employer pay the actual costs of services if not covered by the employer health insurance plan. The BHA may conduct rulemaking as necessary. The BHA is required to provide program information to eligible individuals by April 1, 2023. The program repeals on September 1, 2029, pending a sunset review. State Revenue State revenue to the BHA will increase to the extent that funeral directors and mortuary science practitioners participate in the program and pay for services. The revenue amount has not been estimated. This revenue is subject to TABOR. State Expenditures The bill increases state expenditures in the Department of Human Services by $214,043 in FY 2022-23 and $279,113 in FY 2023-24 from the General Fund. Expenditures are shown in Table 2 and detailed below. Table 2 Expenditures Under HB 22-1221 FY 2022-23 FY 2023-24 Department of Human Services Personal Services $75,914 $82,814 Operating Expenses $1,350 $1,350 Capital Outlay Costs $6,200 Contract Program Services $63,750 $127,500 Marketing, Education, and Outreach $50,000 $50,000 Centrally Appropriated Costs 1 $16,829 $17,449 Total Cost $214,043 $279,113 Total FTE 1.0 FTE 1.0 FTE 1 Centrally appropriated costs are not included in the bill's appropriation. Page 3 February 23, 2022 HB 22-1221 Department of Human Services —Behavioral Health Administration. The bill increases expenditures in the BHA to procure and provide mental health services for eligible individuals Data and assumptions. There are approximately 100 mortuaries, crematoriums, and funeral homes in the state licensed by the Department of Regulatory Agencies, and 63 county coroner offices. Assuming staffing varies at each organization, from at least 3 up to 15 employees, eligibility is estimated at between 492 and 2,460 individuals. In 2019, 19.2 percent of Colorado adults received mental health treatment. Applying that percentage to this population, the program would serve between 94 and 472 individuals per year. Staff and contractor. Staff includes 0.5 FTE Program Management and 0.5 FTE Contracts Administrator. The BHA will create a competitive solicitation process to procure a contract administrator to coordinate access to a licensed mental health professional at an assumed rate of $85,000 per year, plus 50 percent of salary for fringe and overhead costs. The mental health professional will provide the required trauma-based services to county coroners and their staff, funeral homes and their staff, and local volunteers. First year contract costs are prorated for a half-year impact. First year staffing costs assume a July 1 start date and have been prorated for the General Fund pay date shift. Marketing campaign. Marketing costs, estimated at $50,000 annually, are based on past marketing, media, and education campaigns initiated by the Office of Behavioral Health. Department of Regulatory Agencies. The department will provide education and outreach to mortuaries, crematoriums and funeral home licensees within existing resources. Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs associated with this bill are addressed through the annual budget process and centrally appropriated in the Long Bill or supplemental appropriations bills, rather than in this bill. These costs, which include employee insurance and supplemental employee retirement payments, are shown in Table 2. Other Budget Impacts General Fund reserve. Under current law, an amount equal to 15 percent of General Fund appropriations must be set aside in the General Fund statutory reserve beginning in FY 2022-23. Based on this fiscal note, the bill is expected to increase the amount of General Fund held in reserve by the amounts shown in Table 1, which will decrease the amount of General Fund available for other purposes. Local Government County coroner office staff, who are eligible to receive services under the program, may have an increase in workload to communicate staff and volunteer eligibility with the BHA. Page 4 February 23, 2022 HB 22-1221 Effective Date The bill takes effect upon signature of the Governor, or upon becoming law without his signature. State Appropriations For FY 2022-23, the Behavioral Health Administration in the Department of Human Services requires a General Fund appropriation of $197,214 with 1.0 FTE State and Local Government Contacts Counties County Coroners Human Services Information Technology Law Personnel Public Health and Environment Regulatory Agencies Treasury The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.