NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

The most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website.  The Adobe PDF version includes all attachments, whereas the HTML version does not.  Previously issued FIRs and attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Feldman

 

DATE TYPED:

03/05/03

 

HB

 

 

SHORT TITLE:

Senior Citizen Prescription Drug Waiver

 

SB

391/aSFC

 

 

ANALYST:

Weber

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

$12,700.0

Recurring

General Fund

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

REVENUE

 

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

 

 

 

$37,000.0

 

 

Recurring

Federal Funds

 

 

 

 

 

(Parenthesis ( ) Indicate Revenue Decreases)

 

SB 391 is almost identical to HB 402.

 

SOURCES OF INFORMATION

 

Responses Received From

Human Services Department

Agency on Aging

Health policy commission

 

SUMMARY

 

     Synopsis of SFC Amendment

 

The Senate Finance Committee amendment eliminates the $150,000 appropriation to HSD to develop the waiver and defray administrative costs.  In addition, the emergency clause is omitted.

    

     Synopsis of Original Bill

 

Senate Bill 391 appropriates $150,000 from the state general fund for expenditure in fiscal years 2003 and 2004 to the Human Services Department (HSD) to establish a Medicaid Waiver program that would provide prescription drugs to seniors whose incomes are less than one hundred eight-five percent of the federal poverty level (FPL) and who are over the age of sixty-five or who have been determined to be disabled under the criteria established under the federal Social Security Administration’s disability determination rules.  SB 391 also provides for cost-sharing provisions, to the extent practicable, so as to minimize state general fund expenditures. 

SB 391 contains an emergency clause.

 

     Significant Issues

 

The Center for Medicare and Medicaid Services (CMS) has a model state demonstration template, “Pharmacy Plus,” which allows states, through an 1115 Demonstration waiver, to expand Medicaid coverage prescription drugs to Medicare beneficiaries and other individuals with incomes up to 200% FPL.  Individuals covered must not otherwise be eligible for the full Medicaid package.  The population addressed by the bill would appear to be eligible for inclusion in such a waiver.  However, HSD may not need to apply for a waiver and may not use the specific type of waiver requested in the bill.  An amendment to delete the waiver language could be used to resolve this issue.

 

FISCAL IMPLICATIONS

 

The appropriation of $150.0 contained in this bill is a non-recurring expense to the General Fund. Any unexpended or unencumbered balance remaining at the end of Fiscal Year 2004 shall revert to the General Fund.

 

HSD states the bill instructs the department to use cost-sharing to minimize state general fund expenditures.  The age 65 and over New Mexico population at or below 185% of poverty has been estimated at 75,000 individuals.  Assuming 20% of this population has no prescription drug coverage and would enroll in this waiver program, it would cover 15,000 individuals.  Approximately another 6,000 individuals might be eligible under the DD Waiver and D&E Waiver criteria for this bill, bringing the estimated total enrollment to 21,000. 

 

Based on existing blended utilization data for these populations, an average of five prescriptions monthly at a cost of $40 each would be expected, or $50.4 million annually.  Under Medicaid federal participation rates, the state’s share of this amount would be slightly more than $12.7 million.  If a $5 co-pay were utilized the state share drops to $11.0 million.  In the absence of a “crowd out” feature from private insurance, there is no reason all of the eligible individuals would not use prescriptions through the program with resultant higher costs.

 

MW/prr:yr