COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION


FISCAL NOTE


L.R. No.:         4128-01

Bill No.:          HB 1625

Subject:           Abortion; Drugs and Controlled Substances; Health Care; Pharmacy

Type:              Original

Date:               January 28, 2008





 

Bill Summary:            Specifies that pharmacies are immune from liability for refusal to perform, assist, recommend, refer to, or participate in any act or service relating to any drug or device that causes an abortion.



FISCAL SUMMARY


ESTIMATED NET EFFECT ON GENERAL REVENUE FUND

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on

General Revenue

Fund

$0

$0

$0


ESTIMATED NET EFFECT ON OTHER STATE FUNDS

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on Other

State Funds

$0

$0

$0


Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.


ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on All

Federal Funds

$0

$0

$0



ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on

FTE

0

0

0


Estimated Total Net Effect on All funds expected to exceed $100,000 savings or (cost).


Estimated Net Effect on General Revenue Fund expected to exceed $100,000 (cost).


ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED

FY 2009

FY 2010

FY 2011

Local Government

$0

$0

$0








FISCAL ANALYSIS


ASSUMPTION


Officials from the Office of State Public Defender, Department of Corrections, and Department of Health and Senior Services assume the proposal will have no fiscal impact on their organizations.


Officials from the Office of Prosecution Services (OPS) assume this proposal would not have a significant direct fiscal impact on county prosecutors or the OPS.


Officials from the Department of Social Services (DOS) state that based on the MO HealthNet Division's review of similar legislation in the past, there is no fiscal impact to the DOS. Current policy requires MO HealthNet providers to comply with all applicable laws, policies, and regulations of Missouri and the federal government. In addition, the MC+ Managed Care contracts include language which prohibits a health plan from requiring a provider perform a service contrary to the provider's conscious and allows the provider to make a referral to another health care provider licensed to provide the appropriate care.


Officials from the Department of Insurance, Financial Institutions and Professional Registration (DIFP) state this bill specifies that pharmacies are immune from liability for refusal to perform, assist, recommend, refer to, or participate in any act or service relating to any drug or device that causes an abortion.


The DIFP also states that having reviewed the proposed legislation and having sought the conclusion of the appropriate board(s), they are of the opinion that this proposal, in its present form, has no fiscal impact on their organization.


Officials from the Office of Attorney General (AGO) assume that the implementation of this proposal will create no fiscal impact for this office. However, because the AGO is responsible for defending such legislation in constitutionality claims, the AGO assumes that the nature of these provisions could create a fiscal impact. As a result, the AGO assumes costs are unknown, but under $100,000.


Oversight assumes, because the potential for defending this legislation is speculative, that the AGO will not incur significant costs related to this proposal. If a fiscal impact were to result, the AGO may request additional funding through the appropriations process.




FISCAL IMPACT - State Government

FY 2009

(10 Mo.)

FY 2010

FY 2011

 

 

 

 

 

$0

$0

$0



FISCAL IMPACT - Local Government

FY 2009

(10 Mo.)

FY 2010

FY 2011

 

 

 

 

 

$0

$0

$0


FISCAL IMPACT - Small Business


No direct fiscal impact to small businesses would be expected as a result of this proposal.


FISCAL DESCRIPTION


The proposed legislation appears to have no fiscal impact.


This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.


SOURCES OF INFORMATION


Office of Attorney General

Department of Insurance, Financial Institutions and Professional Registration

Department of Corrections

Department of Health and Senior Services

Department of Social Services

Office of Prosecution Services

Office of State Public Defender







                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                January 28, 2008