BILL ANALYSIS Ó SB 490 Page 1 Date of Hearing: August 19, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 490 (Beall) - As Amended June 18, 2015 ----------------------------------------------------------------- |Policy |Human Services |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: 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 SB 490 Page 2 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. FISCAL EFFECT: The existing requirements for independent audits/reviews for regional center service providers were established in the developmental services trailer bill (SB 74, Committee on Budget and Fiscal Review, Chapter 9, Statutes of 2011). The audits were intended to ensure adequate accounting procedures and internal controls, identify poor billing practices, errors in billings and inappropriate transactions that would otherwise be billed to the regional centers. The 2011 Budget Act 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 to the General Fund. Because these savings are, in practice, cost avoidance they are difficult to quantify, and therefore it is difficult to quantify the state fiscal impact of relaxing the audit requirements. This bill would result in approximately 833 vendors (38%) no longer being reviewed and could result in potential erosion of state savings. Assuming that only 10% of the anticipated savings occurred, this bill could result in a cost to the state of $836,000 (GF), measured in foregone savings. COMMENTS: 1)Purpose. According to the author, the current review and audit requirements are overly financially burdensome for the vendors required to obtain them without quite resulting in the intended results or reaching the estimated savings target SB 490 Page 3 attached to the requirements in SB 74. The author further states that there are a number of ambiguities in SB 74 that this bill seeks to clarify, including through ensuring that only monies paid by regional centers to a provider should be subject to an audit or review. 2)Background. The Department of Developmental Services (DDS) is responsible for coordinating care and services for about 250,000 people with developmental disabilities. The vast majority of these people are served by 21 regional centers, which are non-profit entities that contract with the state. The regional centers, in turn, contract with a variety of vendors to provide direct services to the developmentally disabled. A report by the Bureau of State Audits in 2010 found that regional centers were not appropriately monitoring expenditures by vendors. In response to the report, SB 74 imposed new auditing requirements on regional center vendors. SB 74 requires vendors that receive payments of more than $500,000 per year to obtain an independent fiscal audit. Regional center vendors that receive payments between $250,000 and $500,000 per year are required to obtain either an independent audit or an independent financial review. The 2011 Budget Act assumed that these additional auditing requirements would reduce inappropriate billing for services and save the state General Fund about $22 million per year. 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 SB 490 Page 4 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. 3)Prior Legislation. a) SB 1259 (Emmerson) 2012, would have authorized two-year exemptions from audit requirements similar to provisions of this bill. The bill was held on the Senate Appropriations Suspense File. b) SB 74 (Committee on Budget and Fiscal Review) Chapter 9, Statutes of 2011, established the audit and review requirements, among other provisions. Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081