BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HUMAN SERVICES
                               Senator McGuire, Chair
                                2015 - 2016  Regular 

          Bill No:              SB 490
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          |Author:   |Beall                                                 |
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          |Version:  |February 26, 2015      |Hearing    |April 21, 2015   |
          |          |                       |Date:      |                 |
          |----------+-----------------------+-----------+-----------------|
          |Urgency:  |No                     |Fiscal:    |No               |
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          |Consultant|Mareva Brown                                          |
          |:         |                                                      |
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                         Subject:  Regional centers:  audits


            SUMMARY
          
          This bill would raise the threshold amount required for a  
          provider of Regional Center services to obtain an independent  
          audit from $500,000 to $2 million and the threshold for a lesser  
          review from $250,000 to $500,000. It also would require a  
          regional center to grant a two-year exemption to the annual  
          audit requirement if there were no issues in the audit or review  
          that impacted regional center services, and makes other changes  
          to existing audit requirements. 

            ABSTRACT
          
          Existing law:

             1)   Defines, in California law, "developmental disability"  
               as a disability that originates before the age of 18,  
               continues, or can be expected to continue, indefinitely,  
               and constitutes a substantial disability. This term also  
               includes autism. (WIC 4512)

             2)   Establishes the California Department of Developmental  
               Services (DDS) as the agency that oversees the state's  
               developmental centers, and specifies the duties of the  
               department and developmental center employees (WIC 4400 et  
               seq.)









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             3)   Establishes in California law that DDS contracts with  
               private non-profit regional centers to provide fixed points  
               of contact in the community for persons with developmental  
               disabilities and their families, so that these persons may  
               have access to the services and supports best suited to  
               them throughout their lifetime. (WIC 4620)


             4)   Requires that an entity receiving payments from one or  
               more regional centers shall contract with an independent  
               accounting firm for an audit or review of its financial  
               statements subject to all of the following: (WIC 4652.5.  
               (a) (1))


                  a.        When the amount received from the regional  
                    center or regional centers during the entity's  
                    fiscal year is more than or equal to two hundred  
                    fifty thousand dollars ($250,000) but less than five  
                    hundred thousand dollars ($500,000), the entity  
                    shall obtain an independent audit or independent  
                    review report of its financial statements for the  
                    period. This includes work activity program  
                    providers receiving less than two hundred fifty  
                    thousand dollars ($250,000), as specified.

                  b.        When the amount received from the regional  
                    center or regional centers during the entity's  
                    fiscal year is equal to or more than five hundred  
                    thousand dollars ($500,000), the entity shall obtain  
                    an independent audit of its financial statements for  
                    the period.


             5)   Exempts state agencies, the UC and CSU university  
               systems and certain providers, as defined, from the audit  
               requirement. (4652.5. (a) (2), et seq.)

             6)   Requires vendors to provide copies of the audit or  
               review to the vendoring regional center within 30 days of  
               completion, and requires regional centers to review them  
               and require resolution of issues identified in the report  
               that have an impact on regional center services.  (WIC  
               4652.5. (b))









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             7)   Requires regional centers to take appropriate action, up  
               to terminaton of vendorization, for lack of adequate  
               resolution of issues. (WIC 4652.5. (c))

             8)   Requires regional centers to notify DDS of all qualified  
               opinion reports or reports noting significant issues that  
               directly or indirectly impact regional center services  
               within 30 days after receipt, and requires the notification  
               include a plan for resolution of issues. (WIC 4652.5. (d))

             9)   Specifies that an indepent review of financial  
               statements must be performed by an independent accounting  
               firm and requires the review to include at a minimum: 

                  a.        An inquiry as to the entity's accounting  
                    principles and practices and methods used in applying  
                    them.
                  b.        An inquiry as to the entity's procedures for  
                    recording, classifying, and summarizing transactions  
                    and accumulating information.
                  c.        Analytical procedures designed to identify  
                    relationships or items that appear to be unusual.
                  d.        An inquiry about budgetary actions taken at  
                    meetings of the board of directors or other comparable  
                    meetings.
                  e.        An inquiry about whether the financial  
                    statements have been properly prepared in conformity  
                    with generally accepted accounting principles and  
                    whether any events subsequent to the date of the  
                    financial statements would have a material effect on  
                    the statements under review.
                  f.        Working papers prepared in connection with a  
                    review of financial statements describing the items  
                    covered as well as any unusual items, including their  
                    disposition. (WIC 4652.5. (e))

             10)  Specifies that the independent review report shall  
               cover, at a minimum, all of the following:

                  a.        Certification that the review was performed in  
                    accordance with standards established by the American  
                    Institute of Certified Public Accountants.
                  b.        Certification that the statements are the  









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                    representations of management.
                  c.        Certification that the review consisted of  
                    inquiries and analytical procedures that are lesser in  
                    scope than those of an audit.
                  d.        Certification that the accountant is not aware  
                    of any material modifications that need to be made to  
                    the statements for them to be in conformity with  
                    generally accepted accounting principles. (WIC 4652.5.  
                    (f))

             11)  Prohibits DDS from considering requests for adjustments  
               to rates by an entity receiving regional center payments  
               solely to fund either anticipated or unanticipated changes  
               required to comply with this section, as defined. (WIC  
               4652.5. (g))

             12)  Requires every charitable corporation, commercial  
               fundraiser for charitable purposes, unincorporated  
               association, and trustee required to file reports with the  
               Attorney General, as defined, that receives or accrues in  
               any fiscal year gross revenue of two million dollars  
               ($2,000,000) or more, exclusive of grants from, and  
               contracts for services with, governmental entities for  
               which the governmental entity requires an accounting of the  
               funds received, to obtain an annual financial audit, as  
               defined, and requires the audited financial statements to  
               be available for public inspection no later than nine  
               months after the close of the fiscal year to which the  
               statements relate, as defined.  (GOV 12586(e) (1))

          This bill:

             1)   Adds to the existing requirement that an entity  
               receiving regional center payments must obtain an audit new  
               language requiring that the audit or review must relate to  
               payments made by regional centers.

             2)   Increases the window for an independent audit or  
               indepent review from $250,000 to $500,000 to a new window  
               of $500,000 to $2 million, thereby also deleting the  
               requirement that vendors receiving less than $500,000  
               obtain any independent audit or review, as specified.

             3)   Increases the threshold for a vendor to be required to  









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               obtain an independent audit of its financial statements  
               from $500,000 to $2 million.

             4)   Adds to the list of vendor exemptions any income from  
               payments for social security benefits. 

             5)   Permits an entity that obtains an independent audit or  
               independent review based on regional center payments of  
               between $500,000 and $2 million to request a two-year  
               exemption if the regional center does not find issues in  
               the prior year's audit or review that has an impact on  
               regional center services.

             6)   Requires the regional center to grant a vendor request  
               under that circumstance.
          
             7)   Permits an entity that is required to obtain an  
               independent audit of its financial statements based on  
               regional center payments in excess of $2 million to apply  
               to the regional center for an exemption subject to all of  
               the following conditions:

                  a.        If the independent audit for the prior year  
                    resulted in an unqualified opinion or an unqualified  
                    opinion with explanatory language, the regional center  
                    shall grant the entity a two-year exemption.

                  b.        If the independent audit for the prior year  
                    resulted in a qualified opinion and the issues are not  
                    material and pervasive, the regional center shall  
                    grant the entity a two-year exemption. However, the  
                    entity and the regional center shall continue to  
                    address issues raised in this independent audit,  
                    regardless of whether the exemption is granted.

             8)   Requires a regional center to notify DDS of any  
               exemption it grants to an entity that receives a qualified  
               opinion report.
          
          
            FISCAL IMPACT
          
          This bill has not been analyzed by a fiscal committee. 










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            BACKGROUND AND DISCUSSION
          
          Purpose of the bill

          According to the author, the vendor audit requirement was  
          intended to save the state more than $20 million annually  
          through increased accountability, but as of March of 2014, DDS  
          has received fewer than 100 audits of concern and none of them  
          resulted in any savings. The cost to perform the financial  
          reviews and audits are borne solely by the vendors at an average  
          cost of   $10,000 per audit. Additionally, the author states SB  
          490 clarifies ambiguities in the original bill, including what  
          monies are subject to an audit.  As a result, some accounting  
          firms are auditing the vendors' entire budget including revenue  
          that is not from the regional center while others are auditing  
          only the portion from regional centers. This bill clarifies that  
          only monies paid by the regional centers are subject to the  
          audit review.  

          Finally, the author states, this bill aligns the vendor audit  
          threshold with that of nonprofit auditing practices elsewhere in  
          the state.  Existing law (GOV 12586(e) (1)), states  non-profits  
          with revenue greater than $2 million dollars shall be subject to  
          annual fiscal audits. The current threshold creates a lower  
          trigger (of $500,000) for much more expensive independent audit  
          rather than a simpler financial review, the author states. 

          The Lanterman Act
          
          The Lanterman Developmental Disabilities Services Act, passed in  
          1974, established an entitlement to services and supports for  
          Californians with developmental disabilities and set up an  
          extensive system to care for individuals who are living in their  
          communities. A developmental disability is defined in statute as  
          one that originates before the age of 18, continues, or can be  
          expected to continue, indefinitely, and constitutes a  
          substantial disability. Today, more than 275,000 children and  
          adults with developmental disabilities are served in  
          community-based programs and supported by state- and federally  
          funded services that are coordinated by local, nonprofit  
          regional centers. 

          The state's 21 regional centers vary considerably in size and  
          organization. Statewide, slightly more than half of the regional  









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          center population is between age 18 and 61 years old; about  
          two-thirds of all consumers have an intellectual disability,  
          three in 10 are diagnosed with autism or a related disorder, and  
          18 percent are identified as having severe behaviors, according  
          to data reported by the Department of Developmental Services  
          (DDS). About 74 percent of consumers live in the home of a  
          parent or guardian, according to DDS statewide data from June  
          2014. 

          Vendorization
          
          To be eligible to provide services to a regional center client,  
          a provider must become a vendor of those services in a specific  
          regional center's catchment area. According to the DDS website,  
          "vendorization is the process for identification, selection, and  
          utilization of service providers based on the qualifications and  
          other requirements necessary in order to provide the services.  
          The vendorization process allows regional centers to verify,  
          prior to the provision of services to consumers, that an  
          applicant meets all of the requirements and standards specified  
          in regulations."

          In truth, regional centers must vendorize any applicant who  
          meets all the requirements for the service to be provided. The  
          DDS website notes that vendorization in no way obligates that  
          regional center to purchase service from that vendor. Applicants  
          who pass vendorization requirements are assigned a service code  
          and unique vendor identification number by the regional center,  
          which determines the appropriate vendor category for the service  
          to be provided.

          Bureau of State Audits report
          
          In August 2010, the Bureau of State Audits released a report  
          entitled "Department of Developmental Services: A More Uniform  
          and Transparent Procurement and RateSetting Process Would  
          Improve the CostEffectiveness of Regional Centers. Among its  
          conclusions was that regional centers were not appropriately  
          monitoring expenditures of vendors and that the centers  
          themselves did not always document how rates are set, why  
          certain vendors are selected, or how contracts are procured;  
          "thus, in some cases, the ways in which regional centers  
          established payment rates and selected vendors had the  










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          appearance of favoritism or fiscal irresponsibility."<1> The  
          audit prompted a Senate Human Services Committee hearing as well  
          as discussions in the Senate budget subcommittee about the need  
          for additional oversight of vendor expenditures. While DDS is  
          tasked with auditing service providers (WIC 4648.1), the  
          department does not have sufficient resources to conduct audits  
          on many vendors and typically focuses on those that have been  
          brought to its attention. 

          Audit requirements
          
          Faced with dramatic fiscal shortfalls in 2011, and on the heels  
          of the BSA findings, the Administration and Legislature added a  
          requirement for vendors receiving more than $250,000 to obtain  
          either an independent audit or a lesser audit review to ensure  
          good bookkeeping practices (SB 74 Committee on Budget and Fiscal  
          Review, Chapter 9, Statutes of 2011).

          Thresholds

          Vendors receiving more than $500,000 in regional center funding  
          are required to obtain an independent audit. The thresholds were  
          derived, in part, by a budget savings estimate that projected  
          improved accounting procedures and internal controls by vendors  
          at this level would save about 1 percent in annual purchase of  
          service costs. The audits were not expected to find significant  
          amounts of fraud, rather the savings assumed that the audits  
          would identify poor billing practices, errors in billings and  
          inappropriate transactions that would otherwise be billed to  
          regional centers. DDS would be able to focus its audits on those  
          vendors with qualified reports or significant issues raised,  
          according to a Department description of the proposal. 

          Previously, this $500,000 threshold was similar to a federal  
          requirement that mandated entities receiving federal grants  
          conduct an annual audit once their funding reached $500,000.  
          However, as of January 1, 2015, this threshold was increased to  
          $750,000 (OMB A133 Circular). These "Single Audits" require  
          comprehensive testing of compliance and internal controls over  
          ---------------------------
          <1> "Department of Developmental Services: A More Uniform and  
          Transparent Procurement and RateSetting Process Would Improve  
          the CostEffectiveness of Regional Centers, Bureau of State  
          Audits, Report No. 2009-118, August 2010, pg. 155









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          compliance of federal programs.

          California statute governing charitable corporations and  
          fundraising (GOV 12586(e) (1)) requires any entity that accrues  
          in any fiscal year gross revenue of $2 million or more exclusive  
          of grants from, and contracts for services with, governmental  
          entities for which the governmental entity requires an  
          accounting of the funds received, to obtain an independent audit  
          for conformity with generally acceptable accounting principles.  
          The audit results are required to be made available to the state  
          and the public no later than nine months after the close of the  
          fiscal year to which the statements relate, as specified. 

          Audit and Review findings

          An audit report is completed by an independent accounting  
          professional to appraise the financial status of a business or  
          company. It considers a company's assets and liabilities, and  
          reviews whether financial records have been maintained in  
          accordance with Generally Acceptable Accounting Standards  
          (GAAS). There are four types of auditor opinions a business can  
          receive:

             a.   Unmodified opinion - Often called a clean opinion, and  
               formerly called an unqualified opinion, this is issued when  
               an auditor determines that the financial records are  
               presented fairly and free of any misrepresentations. In  
               addition, an unmodified opinion indicates that the  
               financial records have been maintained in accordance with  
               the GAAS. This is the best possible report.

             b.   Qualified opinion - In situations when a company's  
               financial records have not been maintained in accordance  
               with GAAS but no misrepresentations are identified, an  
               auditor will issue a qualified opinion, which highlights  
               the reason that the audit report is not unqualified.

             c.   Adverse opinion - When an auditor concludes that the  
               audited financial statements do not fairly represent the  
               organization's financial position and there are significant  
               departures from GAAS, an adverse opinion will be issued.  
               Often, an auditor will advise the organization that there  
               is a problem and work with them to resolve or correct  
               issues so the published audit can be either qualified or  









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               unqualified. 

             d.   Disclaimer of opinion - An auditor also may choose not  
               to issue an opinion, either due to significant  
               uncertainties in the appropriateness of the materials,  
               significant limitations in the scope of the audit or the  
               auditor feels he or she cannot be impartial or independent  
               about the business. 

          An audit review is substantially smaller in scope than a full  
          audit. Its purpose is to analyze the financial data of a  
          business and make inquiries of the company's management in order  
          to express limited assurances that the company is in conformity  
          with GAAS. No opinions are issued with an audit review. A  
          Certified Public Accountant will issue either a clean review  
          report, or will issue no report based on a material modification  
          that needs to be made. 

          Related legislation:

          SB 1259 (Emmerson, 2012) was substantially similar to this bill.  
          It was held in the Senate Appropriations Committee.

          SB 74 (Committee on Budget and Fiscal Review, Chapter 9,  
          Statutes of 2011) established the audit requirements.

            COMMENTS
          
          This bill is similar to SB 1259 (Emmerson, 2012) which sought to  
          modify the audit requirements just months after they were  
          enacted in trailer bill as a cost-savings measure. The  
          Governor's assumption in proposing the audits in trailer bills  
          was that the audits would save $39.5 million (total funding) of  
          which $21.3 million was general fund as part of the mid-year  
          2011-12 savings. The assumption of cost savings was based on a  
          belief that poor billing practices, errors in billings and  
          inappropriate transactions billed to regional centers resulted  
          in about 1 percent annual losses. 
          DDS reports that it has no way to track cost savings from  
          efficiencies in business practices resulting from the audits and  
          therefore no way to measure actual savings from enactment of the  
          audits. 

          Since that time, the Association of Regional Center Agencies  









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          (ARCA) reports that audit completion varies statewide. On  
          average, according to an ARCA survey of 18 of 21 regional  
          centers, 52 percent of vendors have completed audits with 99  
          percent of audits resulting in unqualified vendor opinions. DDS  
          reports that approximately 90 audits have been reported to the  
                                                 Department with problems. The original legislation did not  
          require regional centers to report to DDS the number of audits  
          or reviews completed successfully and the Department does not  
          have any data on overall compliance with the audit requirement,  
          nor does it know which vendors have passed with clean audits or  
          reviews. 

          DDS estimates that increasing the threshold for audit reviews  
          from $250,000 to $500,000 would eliminate the requirement for 38  
          percent of providers to conduct an audit review or audit. In  
          2013-14, 2,214 entities were required to obtain an in-depth  
          review or audit at the $250,000 threshold; doubling that  
          threshold would reduce the number to 1,381. Additionally, if the  
          threshold for audits were raised from $500,000 to $2 million, as  
          proposed in this bill, it would result in nearly 70 percent of  
          providers being eliminated from the audit requirement: Only 410  
          vendors would be required to obtain an independent audit from a  
          total of 1,381 currently eligible vendors.
          
          As the group of vendors receiving from $250,000 to more than  
          $500,000 in regional center funding was specifically targeted as  
          needing better bookkeeping practices in the original legislative  
          proposal, the author may want to re-consider how to ensure  
          cost-savings among these vendors as the bill moves forward.



          
          Staff recommends the following amendment: 

             1.   In keeping with changes to generally accepted accounting  
               standard language, change "unqualified" to "unmodified" and  
               other standard language changes as follows:
          
          (A) If the independent audit for the prior year resulted in an  
           unqualified   unmodified  opinion or an  unqualified   unmodified  
           opinion with  explanatory language  ,  additional communication  the  
          regional center shall grant the entity a two-year exemption.
          









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           POSITIONS
                                           
          Support:       
               ResCoalition (Sponsor)
               Association of Regional Center Agencies
               The Alliance
               Arc and United Cerebral Palsy California Collaboration
               California Disability Services Association
               Cerebral Palsy Center for the Bay Area
               Trinity Change, Inc. 

          Oppose:   
               None.

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