BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1226  
          (Beall) - As Amended June 30, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill, beginning January 1, 2018, requires an entity that  
          receives payments from a regional center to provide services or  
          supports, to obtain an independent audit or an independent  
          review report of its financial statements, and requires a  
          regional center to submit copies of all independent audit  
          reports it receives to the Department of Development Services  
          (DDS) for review.  The bill further requires the DDS to compile  
          data, by regional center, on vendor compliance with audit  
          requirements and opinions resulting from audit reports and to  
          annually publish the data in a performance dashboard.  










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          FISCAL EFFECT:


          Minor and absorbable fiscal impact to DDS to review and  
          summarize data received from regional centers to include on the  
          performance data dashboard.


          COMMENTS:


          1)Purpose.  According to the author, "This bill helps address a  
            primary concern about existing audit requirements- they are a  
            burdensome cost to vendors and are not an effective way to  
            identify fraud.  Because the cost to perform audits and  
            financial reviews are borne by vendors and reducing fraud is  
            important, it is critical for the Legislature to understand if  
            the audits are accomplishing what they were intended to do or  
            if they are a waste of money.  With this bill, vendors can  
            focus on providing core services to those in need."



          2)Background. 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, 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  








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            $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 million 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 went into  
            effect on June 9, 2016. The 2016-17 State Budget includes $1.0  
            million ($0.7 million GF) to permanently establish within DDS  
            and retain funding for seven limited-term auditor positions in  
            the Vendor Audit Section.





          3)Prior Legislation. SB 490 (Beall), 2015, 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.
          





          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081









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