BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1226 (Beall) - Regional centers:  audits and reviews
          
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          |Version: March 28, 2016         |Policy Vote: HUMAN S. 5 - 0     |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: April 25, 2016    |Consultant: Brendan McCarthy    |
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          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  







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          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  








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          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.





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