LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6739 NOTE PREPARED: Jan 31, 2024 BILL NUMBER: HB 1200 BILL AMENDED: Jan 31, 2024 SUBJECT: State Employee Health Plan Payment Limits. FIRST AUTHOR: Rep. McGuire BILL STATUS: 2nd Reading - 1st House FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED XFEDERAL Summary of Legislation: The bill limits the amount that a state employee health plan (SEHP) may pay for a medical facility service provided to a covered individual to: (1) the lesser of the amount of compensation established by the network plan or 200% of the amount paid by the Medicare program for that type of medical facility service or for a medical facility service of a similar type, if the medical facility service is provided by an in network provider; and (2) 185% of the amount paid by the Medicare program for that type of medical facility service or for a medical facility service of a similar type, if the medical facility service is provided by an out of network provider. It provides that a provider, after receiving payment from an SEHP for a medical facility service provided to a covered individual, is prohibited from charging the covered individual an additional amount, other than cost sharing amounts authorized by the terms of the SEHP. It also provides that a determination of the State Personnel Department (SPD), an SEHP, or a firm providing administrative services to an SEHP that a medical facility service provided to a covered individual is of a type similar to a particular type of medical facility service covered by the Medicare program is conclusive. This bill requires a medical facility that provides drugs to a covered individual, in billing an SEHP for the cost of the drugs, to include in the billing the same "TB" or "JG" modifier that the medical facility would include in the billing if the medical facility were billing the Medicare program for the drugs. HB 1200 1 Effective Date: July 1, 2024. Explanation of State Expenditures: (Revised) The SEHP’s reimbursement of medical facility services at 200% Medicare could reduce total reimbursement for hospital facility services by $84.3 M per fiscal year, based on an estimate prepared by the State Personnel Department (SPD) using the services billed on institutional form from Indiana hospitals. The SPD or its contracted third party administrator will have an increased workload to determine similar medical facility services between Medicare (a program primarily designed for elderly and disabled individuals) and the services provided to SEHP members and their dependents. The SPD states they will need one dedicated analyst for implementation, monitoring, and auditing of the program with an estimated salary and benefits of $82,000. Additional Information - The SPD reviewed CY 2022 inpatient and outpatient claims, repricing the claims based on the individual hospital’s Medicare reimbursement formula. As of December 2023, the SPD had 18 vacant positions with available salary ranging between $1 M and $1.5 M for those positions. Explanation of State Revenues: Explanation of Local Expenditures: Explanation of Local Revenues: Locally owned hospitals that provide services to SEHP members and their dependents may receive less revenue from services provided. State Agencies Affected: Local Agencies Affected: Information Sources: Christy Tittle, SPD; Susan Barnhart, SPD; Staffing Table, December 2023. Fiscal Analyst: Karen Rossen, 317-234-2106. HB 1200 2