BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 490|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                    THIRD READING


          Bill No:  SB 490
          Author:   Beall (D) and Huff (R), et al.
          Amended:  4/23/15  
          Vote:     21  

           SENATE HUMAN SERVICES COMMITTEE:  5-0, 4/21/15
           AYES:  McGuire, Berryhill, Hancock, Liu, Nguyen

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/4/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Regional centers:  audits


          SOURCE:    ResCoalition


          DIGEST:   This bill raises 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 requires 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.


          ANALYSIS:   


          Existing law:
          
          1)Establishes that the Department of Developmental Services  
            (DDS) contracts with private non-profit regional centers to  
            provide fixed points of contact in the community for persons  








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            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.  (Welfare and  
            Institutions Code (WIC) 4620)

          2)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 $250,000 but less than $500,000, as  
               defined, the entity shall obtain an independent audit or  
               independent review report of its financial statements for  
               the period. 


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


          3)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))

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

          5)Requires regional centers to notify DDS of all qualified  
            opinions or reports noting significant issues that impact  
            regional center services within 30 days after receipt, with a  
            plan for resolution of issues.  (WIC 4652.5. (d))

          6)Specifies that an independent review of financial statements  








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            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))

          7)Specifies the elements that an independent review report shall  
            cover, as defined.  (WIC 4652.5. (f))

          8)Prohibits DDS from considering requests for rate adjustments  
            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))

          9)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 $2 million or more, as specified, to obtain an  
            annual financial audit, as defined, and requires the audit  
            statements to be available for public inspection no later than  








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            nine months after the close of the fiscal year to which the  
            statements relate, as defined.  (Government Code (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 independent  
            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 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 unmodified opinion or an unqualified opinion with  








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               additional communication, 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.
               
          Background

          The Lanterman Act.  The Lanterman Developmental Disabilities  
          Services Act  ,  established an entitlement to services and  
          support  s  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  
          years, 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 21 local,  
          nonprofit regional centers. About 74 percent of consumers live  
          in the home of a parent or guardian, according to DDS 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 Web site, "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."
          
          Bureau of State Audits (BSA) report.  In August 2010, the BSA  
          released a report concluding that  regional centers were not  
          appropriately monitoring expenditures of vendors and that the  








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          centers themselves did not always document how rates are set,  
          why certain vendors are selected, or how contracts are procured  
          resulting in "the appearance of favoritism or fiscal  
          irresponsibility." 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 DDS 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 one 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 DDS description of  
          the proposal. 

          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  








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          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:

          1)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.

          2) Qualified opinion - A company's financial records have not  
            been maintained in accordance with GAAS but no  
            misrepresentations are identified.

          3)Adverse opinion - Issued 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.

          4)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. 

          Comments

          DDS reports that it has no way to track cost savings from  








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          efficiencies in business practices resulting from the audits and  
          therefore no way to measure actual savings from enactment of the  
          audits.  The Association of Regional Center Agencies (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.  About 90  
          audits have been reported to DDS with problems.
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No

          According to the Senate Appropriations Committee, this bill is  
          not likely to result in significant cost increases for regional  
          center services.  The existing audit requirement does not  
          examine vendor billing records to determine whether a vendor is  
          appropriately billing a regional center for authorized services.  
           Rather, the audit requirement was intended to improve vendor  
          financial record keeping, generally. The Budget Act of 2011  
          assumed that better financial record keeping would reduce  
          billing by vendors to regional centers, yielding savings.  (The  
          Budget assumed a 1% reduction in costs, which equaled about $22  
          million from the General Fund.)  Because the auditors are not  
          looking at the appropriateness of the services provided, staff  
          does not believe that the audit requirement is likely to  
          generate significant savings. Therefore, relaxing the audit  
          requirement is not likely to increase costs to purchase services  
          by the regional centers.


          SUPPORT:   (Verified5/5/15)


          ResCoalition (source)
          Association of Regional Center Agencies
          Arc and United Cerebral Palsy California Collaboration
          California Disability Services Association
          Cerebral Palsy Center for the Bay Area
          Community Residential Care Association of California
          The Alliance
          Trinity Change, Inc. 
          None received








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          OPPOSITION:   (Verified5/5/15)


          None received


          ARGUMENTS IN SUPPORT:     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 that  
          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. 


          Prepared by:Mareva Brown / HUMAN S. / (916) 651-1524
          5/6/15 17:02:28


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