Page 1 April 17, 2024 SB 24-175 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Revised Fiscal Note (replaces fiscal note dated March 26, 2024) Drafting Number: Prime Sponsors: LLS 24-0137 Sen. Fields; Buckner Rep. McLachlan Date: Bill Status: Fiscal Analyst: April 17, 2024 Senate Appropriations Kristine McLaughlin | 303-866-4776 kristine.mclaughlin@coleg.gov Bill Topic: IMPROVING PERINATAL HEALTH OUTCOMES Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☐ Local Government ☐ Statutory Public Entity The bill creates and modifies multiple programs concerning perinatal health. Starting in FY 2024-25, the bill increases state expenditures on an ongoing basis. Appropriation Summary: For FY 2024-25, the bill requires appropriations totaling $1,328,652 to the Department of Public Health and Environment Fiscal Note Status: The fiscal note reflects the introduced bill, as amended by the Senate Health and Human Services Committee. Table 1 State Fiscal Impacts Under SB 24-175 Budget Year FY 2024-25 Out Year FY 2025-26 Revenue - - Expenditures General Fund $1,328,652 $1,569,341 Federal Funds - $277,041 Centrally Appropriated $17,018 $17,018 Total Expenditures $1,345,670 $1,863,400 Total FTE 0.9 FTE 0.9 FTE Transfers - - Other Budget Impacts General Fund Reserve $199,298 $235,401 Page 2 April 17, 2024 SB 24-175 Summary of Legislation The bill creates and modifies multiple programs concerning perinatal health, as discussed below. Doula service coverage. The bill requires large employer health benefit plans to cover doula services to the same extent and with the same provider qualification requirements as required by Medicaid. It requires the Department of Regulatory Agencies (DORA) to submit a state defrayal determination to the federal Department of Health and Human Services for other state-regulated insurance plans and require coverage upon confirmation or after 365 days if no response is received. Maternal and infant health quality improvement initiatives. The bill mandates hospitals that provide labor and deliver or neonatal care services to participate in at least one maternal or infant health quality improvement initiative and meet reporting requirements. Perinatal Health Quality Improvement Engagement Program. The bill requires the Department of Public Health and Environment (CDPHE), in collaboration with the Perinatal Quality Collaborative (PQC), to: create the Perinatal Health Quality Improvement Engagement Program to distribute grants to select hospitals to meet the mandate; track implementation of the recommendations of the Colorado Maternal Mortality Review Committee; implement their own initiatives to improve maternal mortality and morbidity; and address discrepancies in care. Choline supplements. The bill requires the Department of Health Care Policy and Financing to cover over-the-counter choline supplements. State Expenditures The bill increases state expenditures in CDPHE by about $1.3 million annually, paid from the General Fund. Starting in FY 2025-26, the bill increases state expenditures in HCPF by $524,000 annually paid from the General Fund and federal funds. Expenditures are shown in Table 2 and detailed below. Page 3 April 17, 2024 SB 24-175 Table 2 Expenditures Under SB 24-175 FY 2024-25 FY 2025-26 Department of Public Health and Environment Personal Services $70,830 $70,830 Operating Expenses $1,152 $1,152 Capital Outlay Costs $6,670 - Service Costs $1,250,000 $1,250,000 Centrally Appropriated Costs 1 $17,018 $17,018 FTE – Personal Services 0.9 FTE 0.9 FTE CDPHE Subtotal $1,345,670 $1,339,000 Department of Health Care Policy and Financing Choline Supplement Coverage - $524,400 HCPF Subtotal - $524,400 General Fund Federal Funds - - $247,359 $277,041 Total $1,345,670 $1,863,400 Total FTE 0.9 FTE 0.9 FTE 1 Centrally appropriated costs are not included in the bill's appropriation. Department of Public Health and Environment. CDPHE requires staff and contract funds to operate the grant program, and staff to track implementation of the Colorado Maternal Mortality Review Committee’s recommendations. The fiscal note assumes that CDPHE’s current efforts concerning perinatal health outcomes meet the other requirements of the bill. Staff. CDPHE requires 0.9 FTE, of which 0.7 FTE will operate the grant program, solicit grant applications, select the grant recipients, and provide technical assistance, and the remaining 0.2 FTE will meet the reporting requirements of the bill and assist the PQC in tracking implementation of the Colorado Maternal Mortality Review Committee’s recommendations by developing reasonable metrics. Service costs. CDPHE will contract with the PQC to meet the service requirements of the bill. Currently, the PQC assists 36 hospitals in implementing and maintaining initiatives to improve outcomes at a cost of about $66,000 per hospital. There are an additional 19 hospitals that would be subject to the mandate to participate in at least one initiative. The fiscal note includes $1.25 million in funding, enough to support all 19 additional hospitals. Page 4 April 17, 2024 SB 24-175 Department of Health Care Policy and Financing. Starting in FY 2025-26, the bill requires HCPF to cover doula services for its Children’s Health Plan Plus members (CHP+) and choline supplements for its Medicaid members. HCPF already covers doula services for all members. Per HCPF policy, choline can only be covered when prescribed. Supply may be limited, especially in the first year, as a result of this restriction, as choline manufactures’ administrative focus is typically on the over-the-counter market. The fiscal note assumes that all members who take prescription prenatal vitamins will take choline once covered at a cost of about $50 per pregnancy. The prescription is assumed to receive a federal match of 52.8 percent. Department of Regulatory Agencies. DORA may experience an increased workload, as the bill could result in health insurance carriers filing for a rate adjustment. The fiscal note assumes that this can be accomplished within existing resources. State employee insurance. State employee insurance is subject to state regulation and would be required to comply with the coverage requirement in the bill. Any cost increase could contribute to higher insurance premiums, which would be shared by state agencies and employees. Because insurance premiums are influenced by a number of variables and the cost share between the state and employees has not been determined for future fiscal years, a cost to the state is not estimated. 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 The bill takes effect upon signature of the Governor, or upon becoming law without his signature. State Appropriations For FY 2024-25, the bill requires a General Fund appropriation of $1,328,652 to the Department of Public Health and Environment, and 0.9 FTE. State and Local Government Contacts Behavioral Health Administration Corrections Health Care Policy and Financing Information Technology Human Services 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.