COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:3968H.02C Bill No.:HCS for HB 2133 Subject:Tax Credits; Health Care Professionals; Department of Health and Senior Services; Department of Revenue Type:Original Date:April 26, 2022Bill Summary:This proposal establishes a tax credit for primary care physicians working and residing in rural counties. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025 General Revenue Fund* $0 Up to ($3,037,543)Up to ($3,049,321)Total Estimated Net Effect on General Revenue $0 Up to ($3,037,543)Up to ($3,049,321) *Oversight notes the HCS provides a program cap of $3 million for the Rural Physician Tax Credit. The above amount also includes 1 FTE for DOR. ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net Effect on Other State Funds $0$0$0 Numbers within parentheses: () indicate costs or losses. L.R. No. 3968H.02C Bill No. HCS for HB 2133 Page 2 of April 26, 2022 BB:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net Effect on All Federal Funds $0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2023FY 2024FY 2025General Revenue01 FTE1 FTETotal Estimated Net Effect on FTE 01 FTE1 FTE ☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Local Government$0$0$0 L.R. No. 3968H.02C Bill No. HCS for HB 2133 Page 3 of April 26, 2022 BB:LR:OD FISCAL ANALYSIS ASSUMPTION Rural Physician Tax Credit – Section 135.1140 Officials from the Department of Revenue (DOR) assume this proposal, starting January 1, 2023, makes a primary care physician or dentist that practices in a county of less than 25,000 inhabitants eligible to receive a tax credit equal to $15,000. The tax credit has a $3 million annual cap and should the number claiming the credit exceed the cap, then the cap shall be apportioned. The tax credit received is not refundable, transferrable or sellable, but can be carried forward up to 5 years. The qualified physician must be a primary care physician and practice medicine in a rural county. Verification of these requirements would need to be done prior to the issuance of the tax credits. Verification and certification processes are usually handled by other agencies. Once another agency verifies a person's qualifications, they are given a receipt that is attached to the tax return for DOR to process. Requiring DOR to do the verification is outside their normal administrative scope. DOR assumes in order to do this verification they will need 2 Associate Customer Service Representatives ($26,328) for the review and processing. Per this proposal, physicians practicing in 44 counties in Missouri while the physicians in the rest of the counties may be eligible. Information from the Department of Commerce and Insurance shows that 29,080 physicians are actively paying licensing fees to them and an additional 1,613 assistant physicians are paying the fees. A report in 2015 on the physician workforce in Missouri by the Department of Health and Senior Services, showed the average salary of a family practice physician was $150,000 and the following number of physicians by their primary specialty. L.R. No. 3968H.02C Bill No. HCS for HB 2133 Page 4 of April 26, 2022 BB:LR:OD Number of Physicians Practicing in Missouri per Primary Specialty Primary Specialty Internal Medicine3,483Family/General Medicine2,348Pediatrics1,588Emergency Medicine966Anesthesiology 958Radiology858General Surgery853Psychiatry828Obstetrics/Gynecology819Cardiology568Orthopedic456Ophthalmology392Neurology385Oncology264Otolaryngololy252Urology220Dermatology218Physical Medicine/ Rehab171Plastic Surgery146Neurological Surgery144Endocrinology95Allergy/Immunology81Geriatrics26Medical Genetics11 A more recent report (2018) by the Robert Graham Center of Policy Studies in Family Medicine stated Missouri has 3,716 primary care physicians of which 1,548 are in family medicine. The rest of the group is made up of physicians that specialize in internal medicine, pediatrics, general practice or geriatrics. This proposal does not indicate which specialties will be allowed to claim they are a “primary care physician” under this proposal. For the purpose of the fiscal note, they show a range from the 1,548 family care physicians to the 3,716 primary care physicians receiving this credit annually. Additionally, they are unable to determine which of these physicians are in a rural county. Therefore, this impact may be overstated. L.R. No. 3968H.02C Bill No. HCS for HB 2133 Page 5 of April 26, 2022 BB:LR:OD Given the report by DHSS indicates the average salary was $150,000 in 2015, the Department used its internal Income Tax Model that contains confidential taxpayer data to estimate the average amount of tax liability a person has if their income is $150,000-$200,000. The average tax liability is $7,000. Since the average amount of the tax liability is $7,000 and the credit is not refundable or can be carried over, it is essentially a deduction. DOR used the $7,000 to calculate the impact. FY LowHigh2023(Less than $10,836,000)(Less than $26,012,000)2024(Less than $10,836,000)(Less than $26,012,000)2025(Less than $10,836,000)(Less than $26,012,000) This will be a loss of revenue to the state starting with the filing of the tax returns on January 1, 2024 (FY 2024). This version of the proposal added dentists as qualifying for the credit. The Department is unable to determine how many dentists would also apply for the credit. The HCS version also places a $3 million annual cap on the credit and requires the Department to apportion the credit. Therefore, this proposal would be a loss to general revenue of the $3 million annual cap. This would be a new income tax credit and it would be added to the MO-TC and information about the credit would be added to their website and changes would be needed in their individual income tax system. DOR notes the costs to update these items is $3,596. Oversight notes the research posted by the Bureau of Labor Statistics 2021, shows there were 5,180 licensed primary care physicians in Missouri with median salary of $203,740. According to the recent article in USDA - Economic Research Services - 2021, Missouri covers 68,886 square miles, with a 2020 estimated population of 6,154,913 people – 1,509,860 living in rural areas (USDA-ERS). Additionally, according to the recent statistics in Missouri Workforce Update - Rural Information HUB - 2018, there are 47 to 52 primary care physicians for every 100,000 rural residents in Missouri. Oversight estimates there were between 710 ((1,509,860 /100,000) *47) to could exceed 785 ((1,509,860 /100,000) *52) licensed physician working in rural Missouri at any given time between 2015 to 2018 who would qualify for given the tax credit under the proposal. Oversight notes that according to the National Library of Medicine (2019) there were 3,101 licensed Dentists in Missouri with 50 dentist per 100,000 residents’ saturation. Oversight estimates, from rural population provided by Economic research above, there could be up to 755 Dentists in rural Missouri (1,509,860/100,000)*50) L.R. No. 3968H.02C Bill No. HCS for HB 2133 Page 6 of April 26, 2022 BB:LR:OD Oversight notes the Department of Health and Senior Services (DHSS) provided additional data regarding the rural primary care physician workforce, in previous version of the bill as follow: Oversight notes the proposal states the cumulative amount of tax credits allowed to all taxpayers under this section shall not exceed three million dollars per tax year. Therefore, Oversight will assume the average tax credit utilized for individual taxpayer (primary physician or dentist practicing in rural are) under the proposal will be lesser or greater of $1,707 (calculations shown in the table below). High Number of Physicians 1,002 (MO - DHSS) Number of Dentists755 (NIH)Average Amt. of Tax Credit utilized per candidate $ $1,707 Total Tax Credits awarded $ 3,000,000 Officials from the Office of Administration – Budget & Planning assume the proposal creates a tax credit for primary care physicians and dentists working in rural areas. This credit is not refundable, sellable, transferable, but can be carried forward for 5 years. The amount of tax credits available for this program is $3,000,000 per tax year. If the total amount of credits claimed exceeds $3 million in a tax year, the credits are to be apportioned among claimants. Therefore, this proposal could lower general revenues by up to $3,000,000 beginning in FY2024. This provision could impact TSR and the calculation under Article X, Section 18(e). Due to the carryforward provision in any given year, the amount redeemed may exceed the estimate shown after the first full fiscal year. Oversight notes that the DOR also stated the Department would need minimum of 2 additional FTEs in order to comply with the proposal. However, Oversight notes the DOR estimates are potentially overestimated. Therefore, Oversight will reflect 1 FTE (Customer Service Representatives at $26,328 annually) for the review and processing in the fiscal note beginning FY 2024 for 6 Mo. and full impact in FY 2025. (Oversight bases the DOR’s FTE need on DHSS totals) FY2019 Rural Primary Care Providers (PCP) FY2020 Rural PCP FY2021 Rural PCP FY2022 Rural PCP Note: Primary Care includes General Family Medicine, General Practice, General Internal Medicine and General Pediatrics. 101499010031002Average 1002 L.R. No. 3968H.02C Bill No. HCS for HB 2133 Page 7 of April 26, 2022 BB:LR:OD Medical Students Financial Assistance (Loan Program) – Sections 191.500, 191.515, 191.520, 191.525, 335.230, and 335.257 Officials from the Department of Health and Senior Services (DHSS) state this proposal would not create a fiscal impact. Oversight, in response to the similar proposal SB 757 – 2022, contacted DHSS officials for more information regarding their response. DHSS officials stated this proposal adds the practitioners to the statute who are already defined in the regulation (PRIMO – 19 SCS 10-4.010 and NLS – 19 CSR 10-6.010) and the amounts that students may qualify for are also currently in the regulation. DHSS also stated this act also modifies the Nursing Student Loan Program by modifying the amount of financial assistance available to students from $5,000 each academic year for professional nursing programs to $10,000 each academic year and from $2,500 each academic year for practical nursing programs to $5,000 each academic year (increasing the amount given to each eligible student utilizing the current fund and appropriated amount). Finally, DHSS also stated this act modifies the Nursing Student Loan Repayment Program by removing the June and December deadlines for qualified employment verification while retaining the requirement that such employment be verified twice each year. Simply changing the regulations from specified months each year to twice a year allows DHSS to remain in compliance if it is off a month checking for compliance. According to the submitted budget books, Oversight notes the following budget authority and expenditures for the PRIMO program over the past three years: FY 2019 FY 2020 FY 2021 Budget Authority (all funds) $2,915,434 $2,995,292 $3,298,929 Actual Expenditures $2,726,907 $2,961,261 $3,245,230 Unexpended funds $ 188,527 $ 34,031 $ 53,699 Appropriation authority (10.745) for PRIMO for FY 2022 includes: From General Revenue $378,750 From DHSS federal fund $425,000 From Heath Access Incentive Fund $650,000 From Prof. & Practical Nurse (0565)$650,000 From DHSS donated fund $956,790 TOTAL $3,060,540 Based on responses from the Department of Health and Senior Services, Oversight will assume the proposal will not create a material fiscal impact to the state. L.R. No. 3968H.02C Bill No. HCS for HB 2133 Page 8 of April 26, 2022 BB:LR:OD In response to the similar proposal, SB 757 – 2022, officials from the University of Missouri state the proposed legislation could have a positive impact for the University of Missouri. The University currently has 1,300 students which would qualify for this program. The impact amount cannot be determined. Officials from University of Central Missouri state this bill has an indeterminate fiscal impact on their organization. Officials from the Department of Commerce and Insurance, the Department of Health and Senior Services, the Office of the State Treasurer, and the Department of Higher Education and Workforce Development each assume the proposal will have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies. Rule Promulgation Officials from the Joint Committee on Administrative Rules assume this proposal is not anticipated to cause a fiscal impact beyond its current appropriation. Officials from the Office of the Secretary of State (SOS) note many bills considered by the General Assembly include provisions allowing or requiring agencies to submit rules and regulations to implement the act. The SOS is provided with core funding to handle a certain amount of normal activity resulting from each year's legislative session. The fiscal impact for this fiscal note to the SOS for Administrative Rules is less than $5,000. The SOS recognizes that this is a small amount and does not expect that additional funding would be required to meet these costs. However, the SOS also recognizes that many such bills may be passed by the General Assembly in a given year and that collectively the costs may be in excess of what the office can sustain with its core budget. Therefore, the SOS reserves the right to request funding for the cost of supporting administrative rules requirements should the need arise based on a review of the finally approved bills signed by the governor. L.R. No. 3968H.02C Bill No. HCS for HB 2133 Page 9 of April 26, 2022 BB:LR:OD FISCAL IMPACT – State GovernmentFY 2023FY 2024 (6 Mo.) FY 2025GENERAL REVENUECosts – DOR (p.6) Personnel Service$0($13,164)($26,591) Fringe Benefits$0($11,072)($22,239) Expense & Equipment$0($13,307)($491)Total Costs - $0($37,543)($49,321)FTE Change0 FTE1 FTE1 FTECost – Section 135.1140 – Family Physician Tax Credits (p.6) $0 Up to ($3,000,000) Up to ($3,000,000) ESTIMATED NET EFFECT ON GENERAL REVENUE $0 Up to ($3,037,543) Up to ($3,049,321) Estimated Net FTE Change on General Revenue 0 FTE1 FTE1 FTEFISCAL IMPACT – Local GovernmentFY 2023 (10 Mo.) FY 2024FY 2025$0$0$0 FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION Rural Primary Care Physician Tax Credit (Section 135.1140) For all tax years beginning on or after January 1, 2023, a primary care physician, as defined in the bill, that practices and resides in a county in Missouri with fewer than 25,000 inhabitants will be allowed to claim a tax credit against the taxpayer's state tax liability. L.R. No. 3968H.02C Bill No. HCS for HB 2133 Page 10 of 11 April 26, 2022 BB:LR:OD In no event will the total amount of a tax credit authorized under this bill exceed a taxpayer's income tax liability for the tax year for which such credit is claimed. No tax credit claimed under this section shall be carried forward to any subsequent tax year. The tax credit will not be assigned, transferred, sold, or conveyed. This bill will automatically sunset six years after the effective date. Financial Assistance for Health Professional Students (Sections 191.500, 191.515, 191.520, 191.525, 335.230, and 335.257) This bill expands the pool of eligible students that may apply to the Department of Health and Senior Services for a student loan under Chapter 191, RSMo, from students pursuing a degree of doctor of medicine or doctor of osteopathy to now include students seeking a degree in the area of psychiatry, a degree of doctor of dental surgery or dental medicine, or a bachelor of science degree in dental hygiene and provides that all eligible students must be residents of the state. The cap for a loan to an eligible student shall also be raised from $7,500 to $25,000 for each academic year. This bill also raises the amount of financial assistance available to qualified applicants through the nursing student loan program under Chapter 335 from $5,000 to $10,000 for a student of a professional nursing program and from $2,500 to $5,000 for a student of a practical nursing program. This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. SOURCES OF INFORMATION Office of Administration – Budget & Planning Department of Commerce and Insurance Office of the State Treasurer Department of Higher Education and Workforce Development Department of Revenue Office of the Secretary of State Joint Committee on Administrative Rules Department of Health and Senior Services University of Central Missouri L.R. No. 3968H.02C Bill No. HCS for HB 2133 Page 11 of 11 April 26, 2022 BB:LR:OD Julie MorffRoss StropeDirectorAssistant DirectorApril 26, 2022April 26, 2022