Page 1 July 17, 2024 HB 24-1217 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Final Fiscal Note Drafting Number: Prime Sponsors: LLS 24-0029 Rep. Amabile; Ricks Sen. Mullica Date: Bill Status: Fiscal Analyst: July 17, 2024 Signed into Law Kristine McLaughlin | 303-866-4776 kristine.mclaughlin@coleg.gov Bill Topic: SHARING OF PATIENT HEALTH -CARE INFORMATION Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☐ Local Government ☐ Statutory Public Entity The bill requires the Behavioral Health Administration to create a friends and family input form and to convene a workgroup to study a centralized consent repository. The bill increases state expenditures on an ongoing basis. Appropriation Summary: For FY 2024-25, the bill includes an appropriation of $50,604 to the Behavioral Health Administration in the Department of Human Services. Fiscal Note Status: The final fiscal note reflects the enacted bill. Table 1 State Fiscal Impacts Under HB 24-1217 Budget Year FY 2024-25 Out Year FY 2025-26 Revenue - - Expenditures General Fund $50,604 $23,702 Centrally Appropriated $3,706 $1,853 Total Expenditures $54,310 $25,555 Total FTE 0.3 FTE 0.2 FTE Transfers - - Other Budget Impacts General Fund Reserve $7,591 $3,555 Page 2 July 17, 2024 HB 24-1217 Summary of Legislation The bill requires the Behavioral Health Administration (BHA) to create a friends and family input form to allow a patient’s family and friends to supply relevant information. The bill requires the BHA to solicit feedback from stakeholder and legal experts and make the form available by July 1, 2025. The bill also convenes a workgroup in the Governor’s Office to study a centralized consent repository and produce a report by January 1, 2026. Members must include various stakeholders and department representatives. State Expenditures The bill increases state expenditures in the BHA by $54,000 in FY 2024-25 and $26,000 annually thereafter, paid from the General Fund. Expenditures are shown in Table 2 and detailed below. Additionally, the bill increases workload for the Governor’s Office and other agencies. Table 2 Expenditures Under HB 24-1217 FY 2024-25 FY 2025-26 Behavioral Health Administration Personal Services $15,399 $7,699 Legal Services $32,005 $16,003 Translation Services $3,200 - Centrally Appropriated Costs 1 $3,706 $1,853 FTE – Personal Services 0.2 FTE 0.1 FTE FTE – Legal Services 0.1 FTE 0.1 FTE Total Cost $54,310 $25,555 Total FTE 0.3 FTE 0.2 FTE 1 Centrally appropriated costs are not included in the bill's appropriation. Behavioral Health Administration. The BHA requires staff, legal services, and translation services to create and operate a friends and family input form. Based on the BHA’s experience with other inter-organization forms, this work is expected to be ongoing to update forms as needed and facilitate their use. These costs are detailed below. Staff. The BHA requires 0.2 FTE in the first year and 0.1 FTE ongoing to conduct the stakeholder engagement process, create and update the forms, and provide guidance to providers on how to collect and use forms. Staff support for this process is necessary given that it is a new area of concern involving a large number of stakeholders. Page 3 July 17, 2024 HB 24-1217 Legal services. The BHA requires 250 hours of legal services in FY 2024-25 and half those hours in future years to ensure that the family input process aligns with federal regulation concerning health information and help answer organization questions about the form. Legal services are provided by the Department of Law at a rate of $128.02 per hour. Translation services. The BHA will translate the forms into four languages. This work is done through a contract for $0.16 per word. It is assumed that each form will be 5,000 words. Costs to update the translations will be negotiated and the BHA will request additional funds as needed through the annual budget process. Governor’s Office. Workload will increase in the Governor’s Office to study a centralized consent repository and produce a report by January 1, 2026. Since the bill does not allow for member compensation and assuming that there will be fewer than 10 members, this work can be accomplished within existing resources. Other agencies. Workload will increase in other agencies including the Department of Corrections, the Department of Health Care Policy and Financing, and the Department of Public Health and Environment to participate in the stakeholder engagement process and adapt procedures to accept the forms. This work can be accomplished 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. Effective Date This bill was signed into law by the Governor and took effect on May 28, 2024. State Appropriations For FY 2024-25, the bill requires and includes a General Fund appropriation of $50,604 to the Behavioral Health Administration and 0.2 FTE. Of this amount, $32,005 is reappropriated to Department of Law with an additional 0.1 FTE. State and Local Government Contacts Behavioral Health Administration Corrections District Attorneys Health Care Policy and Financing Governor Human Services Judicial Law Public Health and Environment Regulatory Agencies 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 the General Assembly website.