FISCAL NOTE



FUND(S):

8722 - Cons Federal Funds Div Human Services Gen Admn Fund; Excess Lottery Revenue Fund

Sources of Revenue:

Special Fund,Other Fund Federal

Legislation creates:

A New Program



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


The purpose of this article is to create a new commission for the service to veterans and others suffering from traumatic brain injuries. The Department of Health and Human Resources (Department) shall report annually to the commission and to the Legislature on the status of services for West Virginians with traumatic brain injuries. It is unclear under which agency, the Commission will reside, however this section of the code falls under Veteran's Affairs. The bill states the Department will be responsible for all costs associated with compiling data on costs and actuarial information requested by the Commission. Costs of compiling this data cannot be determined at this time due to the uncertainty of the type of data to be requested, however, the current reporting rate with the Department's MMIS vendor is $132.14 per hour. This would be the hourly rate applied to any data request. Additionally, the Department has contracts in place that provide actuarial services for specific issues at an hourly rate of $342.00. This could possibly be the rate for each request if they fall within the confines of the contract. The commission will consist of representatives from multiple state agencies and outside parties as defined in the legislation. The Department anticipates a cost of approximately $10,300 in miscellaneous expenditures for travel, etc. for those non-state employed individuals appointed to the Commission.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2009
Increase/Decrease
(use"-")
2010
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 10,300 10,300
Personal Services 0 0 0
Current Expenses 0 10,300 10,300
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


The Department anticipates that there may be approximately $10,300 in expenses (travel, printing) for members of this commission that are not state employees and do not have a mechanism to be reimbursed for their expenses. This estimate is based on approximately nine (9) non-state employed commission members with a maximum of four (4) meetings per year @ approximately $250 per meeting for a total of $9,000 per year for travel. Additionally, an estimated cost of $1,300 for printing and binding of annual report is included in the estimated expenditures.



Memorandum


Without specifics of the types of data and actuarial information the TBI Commission will request, the total costs to provide data and actuarial information cannot be determined. An additional option for actuarial costs is to hire an actuary. There is a DOP classification for an actuarial analyst with a salary range of ($37,140-$68,712), however it is uncertain that a full-time position would be needed. Section 9A-5-4 (a) states that the Commission shall establish outreach efforts. The Bureau for Behavioral Health and Health Facilities has contracted with the Center on Excellence in Disabilities at WVU (CED-WVU) to develop a statewide infrastructure for persons who have a TBI as defined in WV Code 18-10k-1. Therefore, this appears to be a duplication. Section 9A-5-4 last paragraph refers to the Department of Health and Human Services. This should be the Department of Health and Human Resources. The Department is not able to determine the gross tax receipts of one percent on all limited Video Lottery Terminals, therefore also unable to determine funding that will be available. (See Lottery Commission fiscal note). Section 9A-5-4 ( c) states "The commission shall determine the costs of establishing a Medicaid waiver and a trust fund to provide services for individuals with traumatic brain injuries." Section 9A-5-5(b) states: "A gross receipts tax of one percent on all Limited Video Lottery Terminals shall be used to fund the operations of the commission to match federal funds from a Medicaid waiver or other services and to establish a trust fund to provide services for individuals with traumatic brain injuries." If the commission is to be funded by a Medicaid waiver, but is to determine the costs of establishing a Medicaid waiver, then the initial costs of the commission would have to be funded by another mechanism because the waiver would not be in place at the time of determination of costs of establishing a waiver.



    Person submitting Fiscal Note: Martha Yeager Walker
    Email Address: dhhrbudgetoffice@wv.gov