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