TOBACCO MASTER SETTLEMENT FUND BUDGET COMMITTEE 12/ 10 / 20 18 J O - - PowerPoint PPT Presentation

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TOBACCO MASTER SETTLEMENT FUND BUDGET COMMITTEE 12/ 10 / 20 18 J O - - PowerPoint PPT Presentation

TOBACCO MASTER SETTLEMENT FUND BUDGET COMMITTEE 12/ 10 / 20 18 J O E H A B I G , A S S I S T A N T D I R E C T O R S T A T E B U D G E T A G E N C Y Background on Master Settlement Agreement November 1998 the AGs of 46 states and


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BUDGET COMMITTEE 12/ 10 / 20 18

J O E H A B I G , A S S I S T A N T D I R E C T O R S T A T E B U D G E T A G E N C Y

TOBACCO MASTER SETTLEMENT FUND

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Background on Master Settlement Agreement

 November 1998 – the AGs of 46 states and the nation’s largest tobacco

companies signed a comprehensive agreement

 Agreement calls for annual payments in perpetuity as reimbursement

for past tobacco-related healthcare costs

 Agreement imposes no restrictions on how states spend their MSA

payments

 Indiana’s allocable share is set at 2.039% of total annual payments to

states

 In 1999, the General Assembly created the Tobacco Master Settlement

Fund (TMSF)

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2013 and 2017 Decisions

 As part of the 2013 TMSA arbitration ruling for 2003 sales year,

Indiana received a $63M reduction in the FY14 payment

 $57.4M of the $85.8M reserve balance was used to cover the FY14

revenue shortfall

 Subsequent settlement in 2014 (finalized in 2017) prevents a similar

arbitration for sales years 2004-2017

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Revenue Projections & Receipts

 Revenue projections are based on assumptions made by the National

Association of Attorneys General about:

 cigarette sales–volume has been declining between 4-5%  rate of inflation—MSA sets floor at 3%  Adjustment for sales in previously settled states (e.g. FL, MN, TX)  participating manufacturers’ (PM) vs. non-participating manufacturers’ (NPM)

market share—NPM adjustment ~13%

 Actual TMSF revenues for a given fiscal year are not known until after

April 15th, the date set in the MSA when the annual payments are due.

 Approximately 75% of annual spend is completed prior to receiving

annual payment - if the payments come in below estimate, as they did in FY14, spending cannot be undone.

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Revenue: FY12-FY21

$132.5 $132.5 $70.4 $127.3 $136.9 $139.1 $143.6 $136.0 $135.0 $134.0 $24.8

$- $20 $40 $60 $80 $100 $120 $140 $160 2012 2013 2014 2015 2016 2017 2018 2019 est. 2020 est. 2021 est.

Millions

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Actual FYE Fund Balances

$52.6 $49.5 $60.5 $77.7

$- $10 $20 $30 $40 $50 $60 $70 $80 $90 2015 2016 2017 2018

Millions

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Appropriations

 Indiana has been committed to dedicating the proceeds from the MSA to

funding healthcare and tobacco use prevention programs.

 $63 million is annually appropriated to ISDH for various programs including

infant mortality reduction, tobacco use prevention and cessation, community health centers, local health departments, minority health initiatives, deaf and hard of hearing services, HIV/ AIDS patient services, and care for children with special health care needs.

 $47 million is appropriated to FSSA for disability services, substance abuse

treatment, community mental health centers, Adult Protective Services, burial services, and the Children’s Health Insurance Program (CHIP).

 $7 million in appropriations are for primary care scholarships and medical

residency grants.

 $12 million funds annual lease payments for 3 state psychiatric hospitals.

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Future Funding Challenges

 As cigarette sales decline and participating manufacturers lose market share to

non-participating manufacturers, the master settlement payments will be a declining revenue source.

 Beginning in FFY2016, the ACA increased the already enhanced CHIP FMAP of

76% by an additional 23% bringing the federal share to 99%.

The ACA enhanced FMAP for CHIP is set to expire on September 30, 2019 and will step down to the more historical federal share of 76% by October 1, 2020 (see below). This results in a larger state share of CHIP expenditures for the next two years.

 Indiana CHIP FMAPs by Federal Fiscal Year

20 15 20 16 20 17 20 18 20 19 20 20 20 21 estim ated 76.56% 99.62% 99.72% 98.91% 99.17% 87.59% 76.09%