BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1226 (Beall) - Regional centers: audits and reviews ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: March 28, 2016 |Policy Vote: HUMAN S. 5 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 25, 2016 |Consultant: Brendan McCarthy | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 1226 would require regional centers to submit copies of independent audit reports on vendors to the Department of Developmental Services for review. Fiscal Impact: Ongoing costs of $110,000 per year for an additional auditor position at the Department of Developmental Services to review audit reports and report to the Legislature (70% General Fund, 30% federal funds) Background: The Department of Developmental Services 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. An report by the Bureau of State Audits in 2010 found that SB 1226 (Beall) Page 1 of ? regional centers were not appropriately monitoring expenditures by vendors. In response to the report, the 2011 developmental services trailer bill (SB 74, Committee on Budget and Fiscal Review, Statutes of 2011), 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. AB X2 1 (Thurmond, Statutes of 2016) made changes to the thresholds at which audits or independent financial reviews are required. Under that bill, the threshold for requiring an audit or review was raised to $500,000 per year and the threshold for requiring an audit was raised to $2,000,000 per year. In addition, the bill allows vendors whose review or audit raises no material issues to be granted a two-year exemption from the audit or review requirement. These changes to the audit requirements are expected to reduce by 70% the number of vendors subject to annual audit. AB X2 1 will go into effect on June 9, 2016. Proposed Law: SB 1226 would require regional centers to submit copies of independent audit reports on vendors to the Department of Developmental Services. The Department would be required to analyze the reports to determine if they are effective in preventing fraud and improving vendor accounting practices. The Department would be required to report its findings annually to the Legislature. Related Legislation: SB 490 (Beall) would have made adjustments to audit requirements similar to those made in AB X2 1. SB 490 was held on the Assembly Appropriations Committee's Suspense File. Staff Comments: Since the enactment of the initial audit requirement SB 1226 (Beall) Page 2 of ? on regional center vendors, the Department of Developmental Services has not been able to document savings due to the audit requirement. Because 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. Requiring the Department to review audit reports and analyze them to determine if they are improving accounting practices or preventing fraud may help determine whether the existing audit requirement is a useful tool for preventing unnecessary state expenditures. -- END --