HB 29 - SB 225 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly February 24, 2025 Fiscal Analyst: Chris Higgins | Email: chris.higgins@capitol.tn.gov | Phone: 615-741-2564 HB 29 - SB 225 SUMMARY OF BILL: Prohibits a health insurance entity from discriminating between a chiropractic physician and a medical physician with respect to the methodology used to calculate reimbursement or the amount of reimbursement to be paid for a service that is in the lawful scope of practice of a duly licensed chiropractic physician. Prohibits a health insurance entity from attempting to circumvent such prohibition by creating a chiropractic specific code or payment methodology not listed in the nationally recognized code book used by the health insurance entity for determining the amount of reimbursement. FISCAL IMPACT: STATE GOVERNMENT EXPENDITURES General Fund FY25-26 & Subsequent Years $2,777,800 FEDERAL GOVERNMENT EXPENDITURES FY25-26 & Subsequent Years $303,700 LOCAL GOVERNMENT EXPENDITURES Mandatory FY25-26 & Subsequent Years $1,880,800 Article II, Section 24 of the Tennessee Constitution provides that: no law of general application shall impose increased expenditure requirements on cities or counties unless the General Assembly shall provide that the state share in the cost. Assumptions: • The proposed legislation does not apply to services provided under the TennCare program or the CoverKids program. • The Department of Commerce and Insurance can monitor compliance with the legislation utilizing existing personnel and resources. • The proposed legislation does not apply to insurance coverage provided by the state or local governments of the state. However, the State Group Insurance Program (SGIP) contracts with private medical carriers to access their commercial networks, which includes the rates negotiated with their providers. HB 29 - SB 225 2 • It is not possible for the private carriers to carve out a separate payment methodology for the SGIP. • The medical carriers employed by the SGIP utilize different methodologies to calculate reimbursement for chiropractic services. One carrier currently utilizes a flat rate for visits to chiropractic offices, which would not be permissible under the proposed legislation. • Based on information provided by the Division of Benefits Administration, changing the payment methodology for services rendered by a chiropractic physician to be the same as a medical physician will result in an increase in expenditures to the SGIP of approximately $5,489,286 in FY25-26 and subsequent years. • It is estimated that 48 percent of members are on the State Employee Plan, 43 percent are on the Local Education Plan and 9 percent are on the Local Government Plan. • The state contributes 80 percent of member premiums resulting in a recurring increase in state expenditures of $2,107,886 ($5,489,286 x 48% x 80%). • Some state plan members' insurance premiums are funded through federal dollars. It is estimated 14.41 percent of the state share of the state plan is funded with federal dollars, resulting in an increase in federal expenditures of $303,746 ($2,107,886 x 14.41%). • The state contributes 45 percent of instructional member premiums (75 percent of Local Education Plan members) and 30 percent of support staff member premiums (25 percent of Local Education Plan members) resulting in state expenditures of $973,662 [($5,489,286 x 43% x 75% x 45%) + ($5,489,286 x 43% x 25% x 30%)]. • The mandatory increase in expenditures for the local government share of the Local Education Plan is estimated to be $1,386,731 [($5,489,286 x 43%) - $973,662)]. • The state does not contribute to the Local Government Plan. It is estimated the Local Government Plan would be responsible for a mandatory increase in local expenditures estimated to be $494,036 ($5,489,286 x 9%). • The total increase in state expenditures is estimated to be $2,777,801 ($2,107,886 - $303,746 + $973,662) in FY25-26 and subsequent years. • The total increase in federal expenditures is estimated to be $303,746 in FY25-26 and subsequent years. • The total mandatory increase in local expenditures is estimated to be $1,880,767 ($1,386,731 + $494,036) in FY25-26 and subsequent years. IMPACT TO COMMERCE: BUSINESS IMPACT FISCAL YEAR REVENUE FY25-26 & Subsequent Years $5,489,300 Assumptions: • Chiropractic physicians will experience an increase in business revenue of $5,489,286 in FY25-26 and subsequent years from increasing reimbursement rates. • The proposed legislation will not increase the number of chiropractic practitioners in the state; therefore, any impact to jobs is estimated to be not significant. HB 29 - SB 225 3 CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director