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 7052 NOTE PREPARED: Feb 1, 2024 BILL NUMBER: HB 1426 BILL AMENDED: Feb 1, 2024 SUBJECT: Long Acting Reversible Contraceptives. FIRST AUTHOR: Rep. Fleming BILL STATUS: 2nd Reading - 1st House FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local DEDICATED XFEDERAL Summary of Legislation: (Amended) The bill requires a hospital that operates a maternity unit to ensure that a woman who is: (1) giving birth in the hospital; and (2) eligible for or receiving Medicaid assistance; has the option, if not medically contraindicated, of having a long acting reversible subdermal contraceptive implanted after delivery and before the woman is discharged. It allows a hospital to be exempt from the requirement if the hospital has a faith based objection. The bill also requires the Office of the Secretary of Family and Social Services to reimburse the hospital for the following provided to a Medicaid recipient: (1) A long acting reversible subdermal contraceptive, including the cost of stocking the long acting reversible subdermal contraceptive. (2) Placement of the long acting reversible subdermal contraceptive. The bill provides that the reimbursement must be separate from, and in addition to, the reimbursement for maternity services for the Medicaid recipient. Effective Date: July 1, 2025. Explanation of State Expenditures: (Revised) The bill’s requirement to reimburse providers for placing a long-acting reversible subdermal contraceptive (subdermal LARC) separate from the maternity service fees is estimated to increase state Medicaid costs between $10,325 and $87,000, assuming similar prenatal care estimates as for FY 2022 and similar number of subdermal LARC placed as for FY 2023. HB 1426 1 Subdermal LARC Stocking: The bill will also increase state Medicaid costs for subdermal LARC stock at hospitals, depending on administrative decisions of the Family and Social Services Administration (FSSA) in providing reimbursement and on each hospital’s determination of the amount of stock needed. Additional Information - The following information was used to calculate the estimated cost. • The FSSA reported that Medicaid reimbursed 39,700 live births in SFY 2022. • The estimated number of professional services reimbursed by Medicaid under the bill was developed from the general United States population uptake of LARC and actual Indiana Medicaid payments for inpatient subdermal LARC implantation. The Centers for Disease Control (CDC) reported from 2017 to 2019, 10.4% of women aged 15 to 49 in the general population used LARC (not just subdermal LARC). The low-end of the estimate reflects the 431 Medicaid paid subdermal LARC (CPT codes J7306 and J7307) implantations during an inpatient stay in SFY 2023. The high-end estimate was based on the CDC percentage applied to the number of live births reimbursed by Medicaid resulting in Medicaid paying for an additional 4,130 subdermal LARC implantations as a result of the bill. • The service fee in the 2024 fee-for-service (FFS) fee schedule for CPT code 11981, insertion of a drug delivered implant, with a cost of $93.41 was used to estimate the professional fee cost of implanting the subdermal LARC. The cost may be overstated to the extent that managed care entities have a lower contractual rates than the FFS rate. • Medicaid and the Children’s Health Insurance Program (CHIP) are jointly funded between the state and federal governments. The state share of costs for most Medicaid medical services for FFY 2023 is 34%, 10% for the age 19 to 64 expansion population within the Healthy Indiana Plan (HIP), and 24% for CHIP. The state share of most Medicaid and CHIP expenditures is paid from state General Fund appropriations, and state dedicated funds primarily cover HIP costs. Subdermal LARC Stocking: The amount of stock needed will depend on the forecasted need at each hospital, which will take into account the utilization, provider preferences, and device costs. A hospital may participation in the 340 B or other pharmacy benefit program that may reduce the cost of the stock devices. Explanation of State Revenues: Explanation of Local Expenditures: Locally owned hospitals may need to maintain subdermal LARCs to comply with the bill. Explanation of Local Revenues: State Agencies Affected: FSSA Local Agencies Affected: Locally owned hospitals. Information Sources: American College of Obstetrics and Gynecology, Long-Acting Reversible Contraception (LARC) Administrative and Infrastructure Support (in-office & hospital use); FSSA data warehouse of claims and encounters; Physician Indiana Medicaid Fee Schedule; IHCP, BT202323, March HB 1426 2 14, 2023; https://www.cdc.gov/nchs/products/databriefs/db388.htm; FSSA report 27896, Medicaid Births Costs, 7/1/2021 to 6/30/2022, date of service based. Fiscal Analyst: Karen Rossen, 317-234-2106. HB 1426 3