COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:1080S.01I Bill No.:SB 24 Subject:Emergencies; Department of Health and Senior Services; Mental Health; Department of Mental Health; Department of Public Safety; Insurance - Health; Health Care; Fire Protection; Law Enforcement Officers and Agencies Employees - Employers; Suicide Type:Original Date:January 27, 2023Bill Summary:This proposal creates the "Missouri First Responder Mental Health Initiative Act". FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026 General Revenue* $0 to ($174,848 to Unknown) $0 to ($200,760 to Unknown) $0 to ($204,150 to Unknown) Total Estimated Net Effect on General Revenue $0 to ($174,848 to Unknown) $0 to ($200,760 to Unknown) $0 to ($204,150 to Unknown) *The proposal provides that the General Assembly may appropriate moneys to the Missouri First Responders Behavioral Mental Health Fund for grants to be distributed to state and local first responder organizations for mental health services. Oversight will reflect this appropriation as $0 to (Unknown). The amounts reflected above are for the Department of Mental Health to administer the program only (doesn’t include the grant appropriation – which is reflected as an ‘unknown’ amount). If appropriated, the fiscal impact would exceed the $250,000 threshold. This proposal also could create claims and damages that could potentially be asserted against the state or other entities. If such claims were successfully pursued, they could result in additional costs to the state or local political subdivision. Oversight assumes the number of claims would be minimal and would not reach the $250,000 threshold. Numbers within parentheses: () indicate costs or losses. L.R. No. 1080S.01I Bill No. SB 24 Page 2 of January 27, 2023 HWC:LR:OD ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Other State$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)LEF* $0$0$0First Responder Behavioral Health Grant* $0$0$0 Colleges and Universities$0 to (Unknown)$0 to (Unknown)$0 to (Unknown) Total Estimated Net Effect on Other State Funds$0 to (Unknown)$0 to (Unknown)$0 to (Unknown) *Indicates numbers that net to zero. ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Federal$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)Total Estimated Net Effect on All Federal Funds$0 to (Unknown)$0 to (Unknown)$0 to (Unknown) ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2024FY 2025FY 2026General Revenue2 FTE2 FTE2 FTETotal Estimated Net Effect on FTE2 FTE2 FTE2 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 2024FY 2025FY 2026Local Government$0 to (Unknown)$0 to (Unknown)$0 to (Unknown) L.R. No. 1080S.01I Bill No. SB 24 Page 3 of January 27, 2023 HWC:LR:OD FISCAL ANALYSIS ASSUMPTION §§190.1010 and 190.1015 – Missouri first responder mental health initiative act Officials from the Department of Mental Health (DMH) state §190.1010 creates the "First Responder Behavioral Health Grant Program" to be created within the DMH, and the “First Responder Behavioral Health Grant Fund” to be used solely by DMH. These grants would be directed toward local governments, 911 dispatch agencies, law enforcement agencies, fire protection districts, municipal fire departments, ambulance districts, Missouri State Council of Fire Fighters peer support teams, and Missouri Fraternal Order of Police peer support teams. The grant funds shall be used for expenses related to behavioral health care services for first responders; however, it is unclear what cash source will support the fund for these expenses. Section 190.1015 creates the “Missouri First Responders Mental Health Task Force”. The DMH director or designee shall be a member of this task force, as well as two different mental health organizations appointed by the DMH Director. This task force shall develop recommendations regarding the grants issued under the First Responder Behavioral Health Grant Fund. The creation of the First Responder Behavioral Grant Program within the DMH would require two additional FTEs. These positions would be responsible for developing and running the grant program and all duties related to this program. The total estimated cost for FY24 is $174,848, FY25 is $200,760 and FY26 is $204,150. Oversight does not have any information to the contrary and will reflect the General Revenue expenditures estimated by DMH. Oversight assumes grants provided by the DMH to qualifying recipients will equal the appropriations received and the net impact to the First Responder Behavioral Health Grant Fund will be zero. The amount of the appropriation is $0 to Unknown. In addition, Oversight assumes the expenditures incurred by eligible recipient organizations will equal the grant funds received and the net effect on the various state funds and local governments receiving the grants will be zero. Officials from the Department of Public Safety (DPS) – Director’s Office (DO) state 0.5 FTE will provide admin support per §190.1015.2 to the Missouri First Responders Mental Health Task Force. FY24 expenses to the General Revenue Fund are expected to be $29,969; FY25 $32,811; and FY26 $33,312. Oversight assumes the DPS-DO would not hire 0.5 FTE and will allocate the duties and responsibilities for the Missouri First Responders Mental Health Task Force to existing staff. Depending on the number of bills passed during the legislation session, cumulatively, DPS may need additional staff or funding and may go through the appropriations process. L.R. No. 1080S.01I Bill No. SB 24 Page 4 of January 27, 2023 HWC:LR:OD Officials from the Office of Administration (OA) state the provisions of §191.1010.4 have the potential to increase costs to the state Legal Expense Fund (LEF) for actions alleging violation of this provision against a state employee in connection with their official duties on behalf of the state or against another person covered by the LEF, due to the addition of an enforceable right under this section. The state self-assumes its own liability under the LEF, §105.711 RSMo. It is a self-funding mechanism whereby funds are made available for the payment of any claim or judgment rendered against the state in regard to the waivers of sovereign immunity or against employees and specified individuals. Investigation, defense, negotiation or settlement of such claims is provided by the Office of the Attorney General. Payment is made by the Commissioner of Administration with the approval of the Attorney General. Because this bill creates a possible new cause of action, Oversight will show a net $0 direct fiscal impact for the LEF, and a possible $0 to (unknown) fiscal impact to General Revenue and other state funds. Oversight notes this possible litigation exposure as described by OA could also apply to colleges and universities, federal funds, as well as local political subdivisions. Officials from the University of Central Missouri (UCM) state this proposal will have an indeterminate fiscal impact due to uncertainty of potential insurance cost changes. Oversight does not have any information to the contrary. However, Oversight assumes any potential change to insurance premiums will be minimal and absorbable within the current funding levels of UCM. Officials from the Department of Corrections, the Department of Labor and Industrial Relations, the Department of Public Safety Divisions of: Alcohol and Tobacco Control Capitol Police, Fire Safety Missouri National Guard and Missouri Highway Patrol Phelps County Sheriff’s Department, the Kansas City Police Department, the St. Joseph Police Department, the St. Louis County Police Department, the Fruitland Area Fire Protection District – Cape Girardeau, St. Charles Community College and the Office of the State Courts Administrator respective organizations. 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 L.R. No. 1080S.01I Bill No. SB 24 Page 5 of January 27, 2023 HWC:LR:OD 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. Officials from the Office of the State Treasurer (STO) did not respond to Oversight’s request for a statement of fiscal impact. Oversight only reflects the responses received from state agencies and political subdivisions; however, other sheriffs’ and police departments, fire protection districts, ambulance & EMS districts, hospitals and colleges and universities were requested to respond to this proposed legislation but did not. A listing of political subdivisions included in the Missouri Legislative Information System (MOLIS) database is available upon request. FISCAL IMPACT – State GovernmentFY 2024 (10 Mo.) FY 2025FY 2026GENERAL REVENUE FUNDTransfer-out – to First Responder Behavioral Health Grant Fund (§190.1010) p.3 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Costs – DMH (§190.1010) p.3$0 to…$0 to….$0 to…. Personal service($94,583)($115,770)($118,085) Fringe benefits($61,362)($74,484)($75,350) Equipment and expense($18,903)($10,506)($10,715)Total Costs – DMH($174,848)($200,760)($204,150) FTE Change – DMH2 FTE2 FTE2 FTECost Increase – OA (§190.1010) – Potential increase in transfer to LEF p.4 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT ON THE GENERAL REVENUE FUND $0 to ($174,848 to Unknown) $0 to ($200,760 to Unknown) $0 to ($204,150 to Unknown) Estimated Net FTE Change on the General Revenue Fund2 FTE2 FTE2 FTE L.R. No. 1080S.01I Bill No. SB 24 Page 6 of January 27, 2023 HWC:LR:OD FISCAL IMPACT – State Government (continued) FY 2024 (10 Mo.) FY 2025FY 2026OTHER STATE FUNDSTransfer-in – from First Responder Behavioral Health Grant Fund (§190.1010) p.3$0 to Unknown$0 to Unknown$0 to Unknown Cost Increase – OA (§190.1010) – Potential increase in transfer to LEF (§190.1010) p.4 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Costs – First Responder Behavioral Health expenditures (§190.1010) p.3 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT ON OTHER STATE FUNDS $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) LEGAL EXPENSE FUND (0692)Transfer-in – Increase in appropriation from General Revenue (§190.1010) p.3$0 to Unknown$0 to Unknown$0 to Unknown Cost increase – Increase in LEF payouts (§190.1010) p.4 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT ON THE LEGAL EXPENSE FUND$0$0$0 L.R. No. 1080S.01I Bill No. SB 24 Page 7 of January 27, 2023 HWC:LR:OD FISCAL IMPACT – State Government (continued) FY 2024 (10 Mo.) FY 2025FY 2026FIRST RESPONDER BEHAVIORAL HEALTH GRANT FUND Transfer-in – from General Revenue for First Responder Behavioral Health Grants (§190.1010) p.3$0 to Unknown$0 to Unknown$0 to Unknown Transfer-out – to Other State Funds for First Responder Behavioral Grants (§190.1010) p.3 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Transfer-out – to Local Governments for First Responder Behavioral Grants (§190.1010) p.3 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT ON THE FIRST RESPONDER BEHAVIORAL HEALTH GRANT FUND $0$0$0 COLLEGES AND UNIVERSITIESCost increase – Increase in LEF payouts (§190.1010) p.4 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT ON COLLEGES AND UNIVERSITIES $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) L.R. No. 1080S.01I Bill No. SB 24 Page 8 of January 27, 2023 HWC:LR:OD FISCAL IMPACT – Local GovernmentFY 2024 (10 Mo.) FY 2025FY 2026LOCAL GOVERNMENTSTransfer – in – from First Responder Behavioral Health Grant Fund (§190.1010) p.3$0 to Unknown$0 to Unknown$0 to Unknown Costs – First Responder Behavioral Health program expenditures (§190.1010) p.3 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Cost increase – Increase in legal payouts (§190.1010) p.4 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT ON LOCAL GOVERNMENTS$0 to (Unknown) $0 to (Unknown) $0 to (Unknown) FISCAL IMPACT – Small Business This proposal may have a fiscal impact on small business health care providers. ((§190.1010) FISCAL DESCRIPTION This act establishes the "Missouri First Responder Mental Health Initiative Act". This act establishes the rights of first responders to access behavioral health care services and responsive treatment and to have certain records of such treatment be deemed confidential, as specified in the act, and shall not be shared with an employer. First responders shall have the right to seek treatment in any geographic area without restrictions or limitations imposed by an employer or insurance carrier and the right to receive expanded Family and Medical Leave Act protections while voluntarily seeking preventative treatment. First responders shall have the right to have treatment and living quarters in facilities separate from other patients, as well as access to behavioral health treatment for up to 36 months following retirement regardless of Medicare restrictions. First responders receiving behavioral health services shall be able to seek reimbursement from the First Responder Behavioral Health Grant Program established by this act, in amounts specified in the act. The Department of Mental Health shall make grants to eligible recipients to L.R. No. 1080S.01I Bill No. SB 24 Page 9 of January 27, 2023 HWC:LR:OD reimburse behavioral health care expenses, as well as peer support education, prevention and awareness training, software, and other services. (§190.1010) Additionally, this act establishes the "Missouri First Responders Mental Health Task Force" within the Department of Public Safety, with specified members of the mental health and first responder community, to develop recommendations set forth in the act, including access to mental health wellness programs and initiatives, funding for services, education and training programs. 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 Department of Mental Health Department of Corrections Department of Labor and Industrial Relations Department of Public Safety – Alcohol and Tobacco Control Capitol Police Fire Safety Missouri National Guard Missouri Highway Patrol Office of Administration Office of the Secretary of State Phelps County Sheriff’s Department Kansas City Police Department St. Joseph Police Department St. Louis County Police Department Fruitland Area Fire Protection District – Cape Girardeau University of Central Missouri St. Charles Community College Joint Committee on Administrative Rules Julie MorffRoss StropeDirectorAssistant DirectorJanuary 27, 2023January 27, 2023