FISCAL NOTE
Date Requested: January 22, 2020
Time Requested: 01:12 PM |
| Agency: |
Medicine, WV Board of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 2520 |
Introduced |
SB585 |
|
|---|
| CBD Subject: |
Human Rights |
|---|
|
FUND(S):
9045- WV Board of Medicine
Sources of Revenue:
Special Fund
Legislation creates:
Increases Existing Expenses
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government.
The costs associated with this bill would be realized during the complaint and compliance process.
Any potential revenue would be realized in assessing fines and court costs in final orders in an attempt to recapture associated expenses.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2020
Increase/Decrease
(use"-") |
2021
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
0 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| 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):
Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.
It is difficult to speculate the financial impact this legislation might have in that it is impossible to predict how many complaints the Board would receive associated with this bill that would lead to the level of probable cause and proceed to hearing. Therefore, one must consider several variables. This fiscal note is an estimate built upon several assumptions as follows:
1. The Board of Medicine will have found probable cause that the physician performed an act outside the acceptable standard of care and/or in violation of the statute of West Virginia.
2. The matter has not been settled by a mutually agreed upon consent order and is proceeding to an administrative hearing.
3. The hearing regarding the matter lasts two days and includes expert witnesses.
4. The Board renders a decision that is not appealed to the circuit and WV Supreme Court.
These averages are based on actual average costs of two-day hearings.
The estimated cost to the West Virginia Board of Medicine are as follows:
1. Hearing Examiner- $5,000.00
2. Court Reporter and transcripts- $1,300.00
3. Expert review- $9,000.00
4. Expert Appearance and testimony- $3,000.00
5. Atty. General consultation for Board’s final decision- $1000.00
Total Est. $ 19,300.00 Per case
Memorandum
Please identify any areas of vagueness, technical defects, reasons a bill would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.
It is impossible to predict the number of complaints the Board would receive regarding this. Currently the Board receives and processes approximately 200 complaints a year. However, we have no comparative baseline in relation to this particular proposed legislation.
Person submitting Fiscal Note: Mark A. Spangler
Email Address: mark.a.spangler@wv.gov