LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 15, 2009 TO: Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB40 by Zaffirini (Relating to surveys of certain premises at which home and community-based services providers provide services.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB40, As Introduced: a negative impact of ($1,984,776) through the biennium ending August 31, 2011. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 15, 2009 TO: Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB40 by Zaffirini (Relating to surveys of certain premises at which home and community-based services providers provide services.), As Introduced TO: Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE: SB40 by Zaffirini (Relating to surveys of certain premises at which home and community-based services providers provide services.), As Introduced Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services John S. O'Brien, Director, Legislative Budget Board John S. O'Brien, Director, Legislative Budget Board SB40 by Zaffirini (Relating to surveys of certain premises at which home and community-based services providers provide services.), As Introduced SB40 by Zaffirini (Relating to surveys of certain premises at which home and community-based services providers provide services.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB40, As Introduced: a negative impact of ($1,984,776) through the biennium ending August 31, 2011. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. Estimated Two-year Net Impact to General Revenue Related Funds for SB40, As Introduced: a negative impact of ($1,984,776) through the biennium ending August 31, 2011. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2010 ($891,826) 2011 ($1,092,950) 2012 ($1,092,950) 2013 ($1,092,950) 2014 ($1,092,950) 2010 ($891,826) 2011 ($1,092,950) 2012 ($1,092,950) 2013 ($1,092,950) 2014 ($1,092,950) All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable Savings/(Cost) fromFederal Funds555 Change in Number of State Employees from FY 2009 2010 ($891,826) ($891,826) 21.0 2011 ($1,092,950) ($1,092,950) 28.0 2012 ($1,092,950) ($1,092,950) 28.0 2013 ($1,092,950) ($1,092,950) 28.0 2014 ($1,092,950) ($1,092,950) 28.0 Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable Savings/(Cost) fromFederal Funds555 Change in Number of State Employees from FY 2009 2010 ($891,826) ($891,826) 21.0 2011 ($1,092,950) ($1,092,950) 28.0 2012 ($1,092,950) ($1,092,950) 28.0 2013 ($1,092,950) ($1,092,950) 28.0 2014 ($1,092,950) ($1,092,950) 28.0 2010 ($891,826) ($891,826) 21.0 2011 ($1,092,950) ($1,092,950) 28.0 2012 ($1,092,950) ($1,092,950) 28.0 2013 ($1,092,950) ($1,092,950) 28.0 2014 ($1,092,950) ($1,092,950) 28.0 Fiscal Analysis The bill would amend the Human Resources Code to require the Department on Aging and Disability Services (DADS) to conduct an on-site survey in each group or foster home at which a home and community-based services provider provides services, at least every 12 months. The surveys must be conducted in a manner consistent with surveys conducted under Section 142.009, Health and Safety Code. The bill would take effect September 1, 2009. If a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of the provisions of the bill, the agency affected by the provision shall request the waiver or authorization and may delay implementation of the provision until the waiver or authorization is granted. The bill would amend the Human Resources Code to require the Department on Aging and Disability Services (DADS) to conduct an on-site survey in each group or foster home at which a home and community-based services provider provides services, at least every 12 months. The surveys must be conducted in a manner consistent with surveys conducted under Section 142.009, Health and Safety Code. The bill would take effect September 1, 2009. If a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of the provisions of the bill, the agency affected by the provision shall request the waiver or authorization and may delay implementation of the provision until the waiver or authorization is granted. Methodology Under the provisions of the bill, the Department on Aging and Disability Services (DADS) estimates that 7,673 residences would be reviewed annually with an average review time of 4.78 hours per residence (7,673 X 4.78 = 36,677 total hours). The agency estimated an annual amount of available time per reviewer to be 1,420 hours, resulting in the need for an additional 26 FTEs (36,677/1420) to complete the reviews and 2 manager FTEs, which would be phased in FY10. According to the agency, the costs associated with these additional FTEs would be $1,783,653 in FY2010 and $2,185,900 for fiscal years 2011-2014. These costs include salaries, benefits, travel, other operating expenses, and enterprise support services costs. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 530 Family and Protective Services, Department of, 539 Aging and Disability Services, Department of 530 Family and Protective Services, Department of, 539 Aging and Disability Services, Department of LBB Staff: JOB, CL, PP, SJ, LR, ML JOB, CL, PP, SJ, LR, ML