Did the Missouri AG approve the form of the State Auditor's fiscal note summary for Winston Apple's Chapter 192 health-cooperatives initiative (2020-141)?
Subject
The Missouri AG's review under § 116.175.4, RSMo, of the State Auditor's fiscal note summary for an initiative petition submitted by Winston Apple to amend Chapter 192 of the Revised Statutes of Missouri (2020-141), apparently establishing health cooperatives.
Topics: INITIATIVES. INITIATIVE PETITIONS.
Currency note
This opinion was issued in 2019. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Plain-English summary
This is the AG's approval of the State Auditor's fiscal note summary for Winston Apple's proposed amendment to Chapter 192 RSMo (designated 2020-141). Chapter 192 governs the Missouri Department of Health and Senior Services and various public health programs.
The fiscal note summary AG Schmitt approved said:
State governmental entities expect any costs to equal any savings. Local governmental entities expect no costs from this proposal and may have savings of an unknown amount if some employees or employees' families switch health care coverage to these new health cooperatives.
The reference to "these new health cooperatives" indicates the initiative would have created some form of health cooperative structure. The proposal looks roughly like a public-option or cooperative health-coverage plan, though the AG's review does not contain the petition text itself.
The AG's approval is purely procedural under § 116.175.4. He did not endorse the proposal, did not test the dollar projections, and did not examine the substantive merits. This is a companion to 264-2019 (Apple's Article III initiative, 2020-140), reviewed the same day.
Common questions
Q: What kind of "health cooperatives" did the initiative propose?
The opinion does not describe the substance. The fiscal note summary says employees might switch coverage to the new cooperatives, suggesting they would offer alternative health coverage. The full petition text would describe the cooperatives' structure, eligibility, and funding.
Q: Why does the fiscal note say state costs would equal savings?
The Auditor projected that any new state expenditures would be offset by reduced expenditures elsewhere (perhaps lower employee health-insurance costs if employees switched to the new cooperatives). The AG's review does not test whether this projection is accurate.
Q: Did this initiative make the ballot?
The opinion does not say. As with most filed petitions, it would have to clear signature and Secretary of State certification first. Missouri did not adopt a public-option or health-cooperative system through ballot initiative in 2020.
Background and statutory framework
Mo. Rev. Stat. ch. 192 governs the Department of Health and Senior Services and related public health programs. Initiatives amending Chapter 192 typically address public-health structure, vital records, or DHSS authority.
The AG's role under § 116.175.4 is limited to reviewing the State Auditor's fiscal note summary for legal content and form. The Auditor prepares the dollar projections; the AG checks the language.
Citations
- Mo. Rev. Stat. § 116.175, § 116.175.4 (fiscal note review)
- Mo. Rev. Stat. ch. 192 (Department of Health and Senior Services)
- Companion fiscal-note review: 264-2019 (Apple Article III, 2020-140)
Source
- Landing page: https://ago.mo.gov/other-resources/ag-opinions/
- Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/265-2019.pdf?sfvrsn=2
Original opinion text
ATTORNEY GENERAL OF MISSOURI
Eric SCHMITT
December 6, 2019
OPINION LETTER NO. 265-2019
The Honorable Nicole Galloway
Missouri State Auditor
State Capitol, Room 121
Jefferson City, MO 65101
Dear Auditor Galloway:
This office received your letter dated December 3, 2019, submitting a fiscal
note summary prepared under § 116.175, RSMo, for an initiative petition submitted
by Winston Apple, (2020-141) the fiscal note summary that you submitted is as
follows:
State governmental entities expect any costs to equal any
savings. Local governmental entities expect no costs from
this proposal and may have savings of an unknown
amount if some employees or employees' families switch
health care coverage to these new health cooperatives.
Under § 116.175.4, RSMo, we approve the legal content and form of
the fiscal note summary. Because our review of the fiscal note summary is
mandated by statute, no action that we take with respect to such review should
be construed as an endorsement of the initiative petition or as the expression
of any view regarding the objectives of its proponents. Furthermore, our review
under § 116.175.4 does not examine the fairness or sufficiency of the estimated
fiscal impact.
Very truly yours,
Ph fas
ERIC 8S. SCHMITT
Attorney General
Supreme Court Building
207 W. High Street
P.O. Box 899
Jefferson City, MO 65102
Phone: (573) 751-3321
Fax: (573) 751-0774
WWw.ago.mo.gov
OP-2019-0299