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 |
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FUND AFFECTED |
FY 2009 |
FY 2010 |
FY 2011 |
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Total Estimated Net Effect on General Revenue Fund |
$0 |
$0 |
$0 |
ESTIMATED NET EFFECT ON OTHER STATE FUNDS |
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FUND AFFECTED |
FY 2009 |
FY 2010 |
FY 2011 |
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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 |
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FUND AFFECTED |
FY 2009 |
FY 2010 |
FY 2011 |
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Total Estimated Net Effect on All Federal Funds |
$0 |
$0 |
$0 |
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE) |
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FUND AFFECTED |
FY 2009 |
FY 2010 |
FY 2011 |
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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 |
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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 |
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$0 |
$0 |
$0 |
FISCAL IMPACT - Local Government |
FY 2009 (10 Mo.) |
FY 2010 |
FY 2011 |
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|
|
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$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