Page 1 July 23, 2024 HB 24-1262 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Final Fiscal Note Drafting Number: Prime Sponsors: LLS 24-0285 Rep. Garcia; Jodeh Sen. Buckner; Michaelson Jenet Date: Bill Status: Fiscal Analyst: July 23, 2024 Signed into Law Shukria Maktabi | 303-866-4720 shukria.maktabi@coleg.gov Bill Topic: MATERNAL HEALTH MIDWIVES Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☐ Local Government ☐ Statutory Public Entity The bill modifies and creates new measures for maternal health care. It increases state revenue and expenditures beginning in FY 2024-25. Appropriation Summary: For FY 2024-25, the bill requires and includes an appropriation of $440,018 to multiple state agencies. Fiscal Note Status: The final fiscal note reflects the enacted bill. Table 1 State Fiscal Impacts Under HB 24-1262 Budget Year FY 2024-25 Out Year FY 2025-26 Out Year FY 2026-27 Revenue Expenditures General Fund $440,018 $166,099 $123,036 Centrally Appropriated $32,767 $32,767 $23,024 Total Expenditures $472,785 $198,866 $146,060 Total FTE 1.9 FTE 1.9 FTE 1.4 FTE Transfers - - - - Other Budget Impacts General Fund Reserve $66,003 $24,915 $18,455 Page 2 July 23, 2024 HB 24-1262 Summary of Legislation The bill requires the Colorado Maternal Mortality Review Committee in the Department of Public Health and Environment (CDPHE) to contract a third-party evaluator to study closures and availability of perinatal health care, impacts on affected populations, and provide recommendations to the General Assembly by July 1, 2026. The bill also requires the Colorado Civil Rights Division within DORA to collect reports of mistreatments in the context of maternity care in ways that allow data to be accessible (confidential information can be de-identified and reports can be generated for the public) and expands the information that can be provided by individuals. It also requires the commission to submit de-identified reports of mistreatments to certain commissions and the General Assembly. Finally, the bill requires health care facilities that discontinue maternal health care services to provide notice to the CDPHE, the Governor, the public, and any affected patients and providers. It also requires the membership of certain committees, boards, and programs to include midwifery expertise, including the Environmental Justice Advisory Board, the Health Equity Commission, and the Governor’s Expert Emergency Epidemic Response Committee. State Expenditures The bill increases state expenditures in the CDPHE by $345,000 in FY 2024-25, $85,000 in FY 2025-26, and $32,417 in FY 2025-26, paid from the General Fund. It also increases state expenditures in the Civil Rights Division in DORA by $128,000 in FY 2024-25 and $114,000 in FY 2025-26 and ongoing, paid from the General Fund. Expenditures are shown in Table 2 and detailed below. Table 2 Expenditures Under HB 24-1262 FY 2024-25 FY 2025-26 FY 2026-27 Department of Public Health and Environment Personal Services $68,548 $68,548 $26,125 Operating Expenses $1,024 $1,024 $384 Capital Outlay Costs $7,337 - - Third-Party Evaluator $225,000 - - Heat Map – System Update/Outreach $27,037 - - Centrally Appropriated Costs 1 $15,651 $15,651 $5,908 FTE – Personal Services 0.8 FTE 0.8 FTE 0.3 FTE CDPHE Subtotal $344,597 $85,223 $32,417 Page 3 July 23, 2024 HB 24-1262 Table 2 Expenditures Under HB 24-1262 (Cont.) FY 2024-25 FY 2025-26 FY 2026-27 Civil Rights Division, DORA Personal Services $54,717 $54,717 $54,717 Operating Expenses $1,280 $1,280 $1,280 Capital Outlay Costs $6,670 - - Legal Services $32,005 $32,005 $32,005 IT System Programming and Maintenance $16,400 $8,525 $8,525 Centrally Appropriated Costs 1 $17,116 $17,116 $17,116 FTE – Personal Services 1.0 FTE 1.0 FTE 1.0 FTE FTE – Legal Services 0.1 FTE 0.1 FTE 0.1 FTE CCRD–DORA Subtotal $128,188 $113,643 $113,643 Total $472,785 $198,866 $146,060 Total FTE 1.9 FTE 1.9 FTE 1.4 FTE 1 Centrally appropriated costs are not included in the bill's appropriation. Department of Public Health and Environment. The CDPHE requires staff and costs to study maternal health care services closures. This will include hiring the third-party evaluator and updating data systems to provide them with the necessary information through a health professional shortage area and perinatal health services assets and deficits map. Staff. The CDPHE requires 0.8 FTE in FY 2024-25 and FY 2025-26, and 0.3 FTE in FY 2026-27, to manage the contract with the third-party evaluator and develop the asset and deficit map. Beginning in FY 2024-25, 0.5 FTE will provide programmatic oversight of the evaluation and map, as well as develop eligibility criteria, build the application process, write the Request for Proposals, and contract with an entity performing the perinatal health care evaluation. An additional 0.3 FTE will develop the asset and deficit map. The fiscal note assumes developing the map internally instead of through the contracted evaluator will be more cost-effective, as the CDPHE has the infrastructure for data collection and analysis to build the map. Staff activities include data collection, processing, and analysis to develop the map, as well as providing relevant data from the map to the evaluator as needed. Staff costs are required through September 1, 2026, once final deliverables are completed. Third-party evaluator. From FY 2024-25 to FY 2026-27, the CDPHE requires a total of $225,000 to contract an evaluator to conduct the study for the Maternal Mortality Review Committee on closures related to perinatal health care. This includes working with the department, collecting and analyzing data, and developing the final report. Page 4 July 23, 2024 HB 24-1262 System changes. In FY 2024-25 only, the CDPHE requires $20,000 to contract a developer to modify existing data systems for the heat map development by CDPHE staff, including adding data integration and reporting functions. Outreach costs. The CDPHE requires one-time costs of $7,037 to print, send, and collect data from digital and paper surveys for the map analysis and development. Civil Rights Division, DORA. The Civil Rights Division requires staff, legal services, and system updates to meet the maternity care reporting requirements of the bill. Staff. Beginning in FY 2024-25, the Division requires 1.0 FTE to manage the reporting requirements for maternal care mistreatment, including managing the additional data reported by individuals, developing the database to have the ability to extract data and run reports, submitting report to committees, and managing inquiries and following up with individuals if requested in their report. IT system updates. The division requires approximately $16,400 in FY 2024-25, and $8,525 for maintenance in ongoing years, to update online forms used by individuals to report maternal care mistreatment and create and maintain a database that can produce reports of de-identified data as required. This assumes 100 hours of work initially at an average of $164 per hour, and 50 hours for ongoing maintenance support. These costs are reappropriated to the Office of Information Technology. Legal services. The division is assumed to require 250 hours of legal support annually, which requires 0.1 FTE from the Department of Law, for counsel around reporting on confidential health care. 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 3. Effective Date This bill was signed into law by the Governor and took effect on June 4, 2024. State Appropriations For FY 2024-25, the bill requires and includes a General Fund appropriation of $440,018, of which: $328,946 is appropriated to the Department of Public Health and Environment, and 0.8 FTE; and $111,072 is appropriated to the Civil Rights Division in the Department of Regulatory Agencies, and 1.0 FTE, of which $32,005 and 0.1 FTE reappropriated to the Department of Law, and $16,400 is reappropriated to the Office of Information Technology. Page 5 July 23, 2024 HB 24-1262 State and Local Government Contacts 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.