LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION May 4, 2021 TO: Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB2037 by Menndez (Relating to the definition of exploitation for purposes of investigating reports of exploitation against certain elderly persons and persons with disabilities.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB2037, As Introduced : a negative impact of ($1,959,800) through the biennium ending August 31, 2023. 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 toGeneral Revenue Related Funds2022($1,064,577)2023($895,223)2024($897,159)2025($899,150)2026($901,207)All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Change in Number of State Employees from FY 20212022($1,064,577)11.02023($895,223)11.02024($897,159)11.02025($899,150)11.02026($901,207)11.0 Fiscal AnalysisThe bill would amend Human Resources Code to require the executive commissioner of the Health and Human Services Commission to adopt a definition for exploitation that does not exclude from the definition as an act of exploitation the provision of a monetary or property loan made to a provider by an individual receiving services from that provider. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION May 4, 2021 TO: Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB2037 by Menndez (Relating to the definition of exploitation for purposes of investigating reports of exploitation against certain elderly persons and persons with disabilities.), As Introduced TO: Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB2037 by Menndez (Relating to the definition of exploitation for purposes of investigating reports of exploitation against certain elderly persons and persons with disabilities.), As Introduced Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services Jerry McGinty, Director, Legislative Budget Board Jerry McGinty, Director, Legislative Budget Board SB2037 by Menndez (Relating to the definition of exploitation for purposes of investigating reports of exploitation against certain elderly persons and persons with disabilities.), As Introduced SB2037 by Menndez (Relating to the definition of exploitation for purposes of investigating reports of exploitation against certain elderly persons and persons with disabilities.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB2037, As Introduced : a negative impact of ($1,959,800) through the biennium ending August 31, 2023. 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 SB2037, As Introduced : a negative impact of ($1,959,800) through the biennium ending August 31, 2023. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. 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: 2022 ($1,064,577) 2023 ($895,223) 2024 ($897,159) 2025 ($899,150) 2026 ($901,207) All Funds, Five-Year Impact: 2022 ($1,064,577) 11.0 2023 ($895,223) 11.0 2024 ($897,159) 11.0 2025 ($899,150) 11.0 2026 ($901,207) 11.0 Fiscal Analysis The bill would amend Human Resources Code to require the executive commissioner of the Health and Human Services Commission to adopt a definition for exploitation that does not exclude from the definition as an act of exploitation the provision of a monetary or property loan made to a provider by an individual receiving services from that provider. Methodology According to information provided by the Health and Human Services Commission (HHSC), not excluding certain criteria from the definition for exploitation would result in an increase of intake reports and investigations for Provider Investigations and Employee Misconduct Registry cases as family members may be investigated should they enter into a monetary or property loan with an individual receiving services.This analysis assumes there would be a 32 percent increase of intake reports due to the change in definition. According to information provided by HHSC, 7.0 Investigator IV full-time equivalents (FTEs), 1.0 Family and Protective Services Supervisor II FTE, 2.0 Program Specialist IV FTEs and 1.0 Administrative Assistant I FTE would be needed to conduct investigations, manage investigators and providing administrative support. The total estimated cost in General Revenue to hire 11.0 FTEs would be $1.0 million in fiscal year 2022 and $0.9 million in fiscal years 2023 through 2026.It is assumed any other costs associated with implementing the provisions of the bill could be absorbed using existing resources. Technology This analysis assumes there would be FTE-related technology costs including seat management services and basic data storage. The total estimated cost in General Revenue would be $55,789 in fiscal year 2022 and $31,063 in fiscal years 2023 through 2026. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 529 Hlth & Human Svcs Comm, 530 Family & Protective Services 529 Hlth & Human Svcs Comm, 530 Family & Protective Services LBB Staff: b > td > JMc, AKI, JLI JMc, AKI, JLI