COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:0990H.01I Bill No.:HB 618 Subject:Health Care; Insurance - Health; Health Care Professionals Type:Original Date:January 23, 2025Bill Summary:This proposal creates provisions relating to prior authorization of health care services. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028General Revenue Fund ($831,500 - $1,335,500) ($819,000 - $1,323,000) ($819,000 - $1,323,000) Total Estimated Net Effect on General Revenue ($831,500 - $1,335,500) ($819,000 - $1,323,000) ($819,000 - $1,323,000) ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028 Other State Funds($195,000 - $315,000)($195,000 - $315,000)($195,000 - $315,000) State Road Fund*(Unknown)(Unknown)(Unknown)Conservation Commission Fund*$0 to (Unknown)$0 to (Unknown)$0 to (Unknown) Total Estimated Net Effect on Other State Funds (Unknown, Could exceed $195,000 - $315,000) (Unknown, Could exceed $195,000 - $315,000) (Unknown, Could exceed $195,000 - $315,000) *Oversight assumes increase costs for plan administrators will likely pass on costs to the MoDOT-MSHP, the Missouri Department of Conservation and locals’ medical plans. Numbers within parentheses: () indicate costs or losses. L.R. No. 0990H.01I Bill No. HB 618 Page 2 of January 23, 2025 KC:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Federal Funds($298,500 - $474,500)($286,000 - $462,000)($286,000 - $462,000)Total Estimated Net Effect on All Federal Funds ($298,500 - $474,500)($286,000 - $462,000)($286,000 - $462,000) ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on FTE 000 ☒ 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 2026FY 2027FY 2028Local Government*$0 to (Unknown)$0 to (Unknown)$0 to (Unknown) *Oversight assumes increase costs for plan administrators will likely pass on costs to the MoDOT-MSHP, the Missouri Department of Conservation and locals’ medical plans. L.R. No. 0990H.01I Bill No. HB 618 Page 3 of January 23, 2025 KC:LR:OD FISCAL ANALYSIS ASSUMPTION Sections 376.2100 - 376.2108 - Prior Authorization Exemption Officials from the Missouri Consolidated Health Care Plan (MCHCP) assume this legislation creates a prior authorization exemption, which would allow providers to skip prior authorization requirements if they qualify by meeting a 90% approval threshold in the 6 months prior. Once this exemption is applied, payment can only be withheld for limited reasons that does not include the service being later found not medically necessary in whole or in part. It is unknown how many providers serving MCHCP members would qualify for this exemption. For this calculation, it is assumed that 15% of providers would qualify. It is also unknown how many cases would be authorized under the exemption that would otherwise be deemed not medically necessary in whole or in part. It is assumed a 5% utilization increase once Prior Authorization controls are off. HB 618 would have an estimated impact of $1,300,000 to $2,100,000 for MCHCP. Oversight does not have any information to the contrary. Therefore, Oversight will reflect the cost estimated provided by MCHCP, broken out as follows: General Revenue Fund - $819,000 - $1,323,000 (63%) Federal Fund - $286,000 - $ 462,000 (22%) Other Fund - $195,000 - $ 315,000 (15%) Total - $1,300,000 - $2,100,000 (100%) Officials from the Missouri Department of Transportation (MODOT) state this bill may increase costs for plan administrators, which will likely pass on costs to the MoDOT-MSHP medical plan. This would have an unknown negative impact to the State Road Fund. Oversight does not have any information to the contrary. Therefore, Oversight will reflect the cost estimate as “Unknown” to the State Road Fund. Oversight assumes this cost could be greater than $250,000. Officials from the Department of Social Services (DSS) assume this legislation applies to Chapter 376 and states that a Medicaid managed care organization, as defined in section 208.431, shall be considered a health carrier for purposes of sections 376.2100 to 376.2108. Subsequently, this legislation would apply to MO HealthNet Managed Care and there could be a fiscal impact. L.R. No. 0990H.01I Bill No. HB 618 Page 4 of January 23, 2025 KC:LR:OD The Managed Care Health Plans (HP) have prior authorization processes in place, and this legislation would result in providers not needing to obtain prior authorization for services unless the HP determines that it has approved or would have approved less than 90% of prior authorization requests submitted by that provider for health care services in the most recent evaluation period. MHD estimates that there could be an impact on the administrative component of the rate for the additional reporting, reviewing, and monitoring of the prior authorizations. However, MHD does not have enough information at this time to ascertain whether there would be an impact on the service portion of the capitated rate. This will require an actuarial analysis estimated to cost $25,000 for this program change. FY26 Total: $25,000 (GR: $12,500; Federal: $12,500) Oversight does not have any information to the contrary. Therefore, Oversight will reflect the fiscal impact as estimated by DSS. Officials from the Missouri Department of Conservation (MDC) assume the proposal will have no fiscal impact on their organization. Officials from Kansas City assume this legislation will have a negative fiscal impact of an indeterminate amount Oversight notes that although the MDC state this legislation would have no fiscal impact on their organization, Oversight assumes this legislation could affect other insurance plans such as the Missouri Department of Conservation and local political subdivisions. Oversight will reflect a $0 to Unknown cost to the Conservation Commission Fund (0609) and local political subdivisions. Officials from the Department of Commerce and Insurance 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 this agency. Officials from the Department of Public Safety - Missouri Highway Patrol defer to the Missouri Department of Transportation for the potential fiscal impact of this proposal. Oversight only reflects the responses received from state agencies and political subdivisions; however, other cities were requested to respond to this proposed legislation but did not. A listing of political subdivisions included in the Missouri Legislative Information System database is available upon request. L.R. No. 0990H.01I Bill No. HB 618 Page 5 of January 23, 2025 KC:LR:OD FISCAL IMPACT – State GovernmentFY 2026 (10 Mo.) FY 2027FY 2028GENERAL REVENUE FUNDCost – MCHCP §§376.2100 - 376.2108 Prior Authorization Exemptions p.3 ($819,000 - $1,323,000) ($819,000 - $1,323,000) ($819,000 - $1,323,000) Cost – DSS -§§376.2100 - 376.2108 Actuarial Analysis p. 4($12,500)$0$0 ESTIMATED NET EFFECT TO THE GENERAL REVENUE FUND ($831,500 - $1,335,500) ($819,000 - $1,323,000) ($819,000 - $1,323,000) FEDERAL FUNDSCost – MCHCP§§376.2100 - 376.2108 Prior Authorization Exemptions p.3 ($286,000 - $462,000) ($286,000 - $462,000) ($286,000 - $462,000) Cost – DSS -§§376.2100 - 376.2108 Actuarial Analysis p. 4($12,500)$0$0 ESTIMATED NET EFFECT TO FEDERAL FUNDS ($298,500 - $474,500) ($286,000 - $462,000) ($286,000 - $462,000) OTHER STATE FUNDSCost – MCHCP §§376.2100 - 376.2108 Prior Authorization Exemptions p.3 ($195,000 - $315,000) ($195,000 - $315,000) ($195,000 - $315,000) ESTIMATED NET EFFECT TO OTHER STATE FUNDS ($195,000 - $315,000) ($195,000 - $315,000) ($195,000 - $315,000) L.R. No. 0990H.01I Bill No. HB 618 Page 6 of January 23, 2025 KC:LR:OD FISCAL IMPACT – State GovernmentFY 2026 (10 Mo.) FY 2027FY 2028CONSERVATION COMMISSION FUND (0609) Cost – MDC §§376.2100 - 376.2108 Prior Authorization Exemptions p.3 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT TO THE CONSERVATION COMMISSION FUND $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) STATE ROAD FUNDCost – MoDOT §§376.2100 - 376.2108 Prior Authorization Exemptions p.3(Unknown)(Unknown)(Unknown) ESTIMATED NET EFFECT TO OTHER STATE FUNDS(Unknown)(Unknown)(Unknown) *Oversight assumes increase costs for plan administrators will likely pass on costs to the MoDOT-MSHP, the Missouri Department of Conservation and locals’ medical plans. FISCAL IMPACT – Local GovernmentFY 2026 (10 Mo.) FY 2027FY 2028LOCAL POLITICAL SUBDIVISIONS Cost – Local Political Subdivisions §§376.2100 - 376.2108 Prior Authorization Exemptions p.3 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT TO LOCAL POLITICAL SUBDIVISIONS $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) *Oversight assumes increase costs for plan administrators will likely pass on costs to the MoDOT-MSHP, the Missouri Department of Conservation and locals’ medical plans. L.R. No. 0990H.01I Bill No. HB 618 Page 7 of January 23, 2025 KC:LR:OD FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION This bill provides that a health carrier or utilization review entity cannot require health care providers to obtain prior authorization for health care services, except under certain circumstances. Prior authorization shall not be required unless an individual licensed to practice medicine in this state makes a determination that less than 90% of prior authorization requests submitted by the health care provider in the previous evaluation period, as defined in the bill, were or would have been approved. The bill establishes separate 90% thresholds for requiring prior authorization for individual health care services or requiring prior authorization for all health care services. If the provider is a licensed physician, the determination must be made by a licensed physician with the same or similar specialty. The bill specifies requirements for notifying the provider of determinations in the bill, requires carriers and utilization review entities to maintain an online portal giving providers access to certain information, and provides that prior authorizations may be required beginning 15 business days after notice to the provider until the end of the evaluation period. Failure to notify providers of a determination as required in the bill will constitute prior authorization of the applicable health care services. Lastly, no health carrier or utilization review entity can deny or reduce payments to a health care provider who had a prior authorization, unless the provider made a knowing and material misrepresentation with the intent to deceive the carrier or utilization review entity, or unless the health care service was not substantially performed. This bill will not apply to Medicaid, except with regard to a Medicaid managed care organization as defined by law. The bill also does not apply to providers who have not participated in a health benefit plan offered by the carrier for at least one full evaluation period. This bill will not be construed to authorize providers to provide services outside the scope of their licenses, nor to require health carriers or utilization review entities to pay for care provided outside the scope of a provider's license This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. L.R. No. 0990H.01I Bill No. HB 618 Page 8 of January 23, 2025 KC:LR:OD SOURCES OF INFORMATION Department of Commerce and Insurance Department of Public Safety - Missouri Highway Patrol Department of Social Services Missouri Department of Conservation Missouri Department of Transportation Missouri Consolidated Health Care Plan Kansas City Julie MorffJessica HarrisDirectorAssistant DirectorJanuary 23, 2025January 23, 2025