THE
STATE EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
TO: |
The Honorable the Members of the Board of RegentsSubcommittee on Audits
|
FROM: |
Theresa E. Savo |
SUBJECT: |
Board of Regents Oversight – Financial
Accountability |
DATE: |
|
STRATEGIC
GOAL: |
Goal
5 |
AUTHORIZATION(S): |
|
Issues for
Discussion
Two items are presented for
discussion with the Members of the Subcommittee on Audits
including:
1.
Development of School District Financial
Accountability Regulations
2.
Completed Audits
3.
90-Day Follow-up
Process
4.
Fraud Hotline
Update on
Activities
Proposed
Handling
Discussion and
Guidance
Procedural
History
The information is provided to assist the Subcommittee in carrying out its oversight responsibilities related to audits of financial and reporting practices; performance audits or reviews; ethical conduct issues arising from audits; internal controls; and compliance with laws, regulations, and policies.
Development of
School District Accountability Regulations – Draft Regulations will be provided to
obtain input and agreement from the Subcommittee Members. Once approved by the Subcommittee, the
Regulations will be presented to the full Board for
approval.
Completed
Audits – Reports are
provided on four districts’ administrative costs, districts that did not claim
all the Medicaid they were entitled to receive, the federal audit of Medicaid
claims for speech services by the New York City Department of Education, and
school energy efficiencies.
90-Day
Follow-up Process – The
Office of Audit Services has a process to follow-up on all recommendations in
our final reports. Ninety days
after the issuance of the report, organizations are asked to submit a report on
actions taken as a result of the audit.
For each recommendation the organization is asked to specifically address
the actions it has taken in regard to each recommendation. The responses are reviewed and follow-up
action is taken, as appropriate.
Fraud
Hotline – The Office of
Audit Services instituted a fraud, waste, and abuse hotline in February
2005. Over 100 individuals have
contacted us on the hotline. Each
of the concerns are carefully received, and action is taken as appropriate, such
as referring the issue to an office in the Department or another agency,
providing information, following up with an onsite review,
etc.
For item one (Regulations), the advice and guidance of the Members of the Audit Subcommittee is sought.
For items two (completed audits), three (follow-up process), and four (fraud hotline), no further action is recommended.
N/A
The following materials are
attached:
·
Roadmap
·
Minutes of June Meeting (Attachment
I)
·
Audit Report Abstracts (Attachment
II)
·
90-Day Follow-up Process (Attachment
III)
·
Fraud Hotline Information (Attachment
IV)
·
Audit
Reports
REGENTS SUBCOMMITTEE ON AUDITS MEETING
ROADMAP
|
Date: September 8, 2005
Time: 11:15-12:15
pm Location: Room 311 EB | ||
TOPIC |
OUTCOME |
WHO |
MINUTES |
Opening Remarks |
|
Chair |
2 |
Review Agenda/Minutes (Attachment I) |
Approval |
Abbott |
1 |
Development of School District Financial Accountability Regulations |
Update |
SED Staff |
15 |
Audit Report Abstracts (Attachment II) |
Questions Addressed |
SED and OSC Staff |
15 |
90-Day Follow-up Process |
Update |
Guzman |
10 |
Fraud Hotline |
Update |
Conway |
10 |
Current Issues |
Update |
Abbott |
5 |
Next Session |
Preview |
Staff |
2 |
June 21,
2005
Subcommittee Members in
Attendance:
Regent Geraldine D. Chapey,
Chair
Regent Arnold B. Gardner, Vice
Chair
Regent Joseph E.
Bowman
Regent Harry Phillips, 3rd
Discussion
Items
Regent Chapey opened the meeting by welcoming
everyone and reminding the Members of the Subcommittee (Members) of their
responsibilities to protect the resources under our care consistent with the
Regents goals. Regent Chapey
identified instances of the work on the Subcommittee intersecting with the work
of others such as the Office of the
Professions.
Regent Chapey mentioned that the "Five-Point
Plan" legislation passed the legislature today. The intent of the legislation is to
introduce measures to improve accountability in school districts.
That information led to a broad discussion of
the responsibilities of the Department and the Office of the State Comptroller,
particularly in relation to audits. The Regents expressed concern with the dual
responsibility for audits. When
asked, the Regents were told that a proposal exists to increase staffing in the
Office of Audit Services in order to enhance school district
accountability.
Staff from the Office of the Professions
briefed the Subcommittee on the status of proposed legislation to changes on the
oversight relative to the accounting profession. The material will be presented
to the Professional Practices Committee in July.
The Members approved the minutes of the prior
meeting.
Audits
Staff was available to answer questions on
the following audits:
Staff was also available to answer questions
on the examination of proposed budgets of:
·
Greater Amsterdam School
District
·
Liberty Central School
District
A manager from the Office of Elementary,
Middle, Secondary and Continuing Education was also present and described the
comprehensive steps the Department has taken to identify all of the problems
with the Hempstead Union Free School District. The Department will partner with
Hempstead staff to achieve prompt improvements in the
District.
Requirements for School Business
Officials
Staff provided the Members with a table,
which compares the existing requirements for a business official with proposed
requirements. It was explained to the Members that districts may opt to hire
through the county civil service system. Two factors districts must consider are
the proposed salary and the candidate pool.
The Members were also provided with a list of
all New York State institutions of higher education that offer programs in
School Business Administration. Regent Bowman asked for a list of all New York
State programs in Education Administration.
Key Positions in School
Districts
Staff provided the Members with a summary of
the duties and responsibilities of key positions within a school
district.
Attachment
II
Audit Report
Abstracts
Regents Subcommittee on
Audits
September
2005
Office
of the State Comptroller | ||
Audit |
Major
Finding |
Recommendations/Response |
East Meadow Union Free School
District Report S8-5-6
10th Judicial
District |
This audit was 1 of 15 conducted to
determine whether District officials have established appropriate internal
controls over expenses incurred on behalf of School District managers and
members of the Board.
The audit found that the Board did not
review each claim submitted to it and the internal claims auditor only
examined a sample of claims. The District spent about $67,000 on travel
and conference expenses for management and Board members, and some claims
did not comply with District policies. The District's daily meal
reimbursement rate significantly exceeds the federal per diem rate and
some Board members were reimbursed for flights to Albany, although it
violated a District policy. |
9
recommendations
The report recommends the internal
claims auditor be responsible for reviewing all claims, including the new
policies regarding travel, meal reimbursement, credit card usage, and
meals and refreshments provided at meetings. The report also recommends
the Board reduce the meal reimbursement rate provided to officials,
consider establishing a per diem rate for lodging, consider amending its
meal policy for off campus meetings, and monitor compliance with the
policy for cellular telephones.
The report recommends the practice of
paying managers a mileage allowance for traveling to attend evening
meetings be eliminated and the payment of meals for managers when they
stay to attend an evening Board meeting should also be eliminated. The
report also recommends the retention of itemized receipts to support all
credit card charges. Finally, the report recommends the treasurer better
control the use of her signature.
District official's generally agree
with the recommendations and have taken steps to implement many.
|
This audit was 1 of 15 conducted to
determine whether District officials have established appropriate internal
controls over expenses incurred on behalf of School District managers and
members of the Board.
The audit found that the
Superintendent, the Deputy Superintendent and the Director of Business
Operations used from three to five personal leave days each year that they
were not entitled to under the terms of their employment contracts. The
audit estimates this to have a cash value of about $23,700. The Board had not adopted a
written policy on the appropriateness of providing meals and refreshments
to employees attending School District meetings and events. The District
expended about $125,000 for these items at 983 meetings and events. The documentation supporting the
expenses generally did not show who attended and the reason why meals
and/or refreshments were required.
|
The report recommends the Board ensure
all employee benefits provided to District officials are in accordance
with employment contracts.
The report also recommends the Board consider amending its meal
policy to limit when the School District provides meals and/or
refreshments, require its managers to submit monthly mileage statements,
consider establishing reasonable maximum rates for travel related lodging
and meals, and conduct a cost benefit analysis on the use of cell
phones.
The report recommends that managers and
the internal claims auditor require every claim contain original receipts
or invoices, sufficient explanation to determine whether the expenses
conform to policies, and the amount represents actual and necessary School
District expenditures.
District officials agree with the
recommendations and indicated that all will be reviewed and incorporated.
|
|
Elmont Union Free School
District Report
S8-5-9 10th Judicial
District |
This audit was 1 of 15 conducted to
determine whether District officials have established appropriate internal
controls over expenses incurred on behalf of School District managers and
members of the Board.
|
The report recommends the Board
consider appointing an internal claims auditor who is independent of other
business transactions. The report also recommends the internal claims
auditor require sufficient supporting documentation to determine claims
comply with District policies and procedures, and the amounts represent
actual and necessary expenses.
The report recommends the Board monitor
compliance with the newly adopted policies on credit cards, travel related
expenses, cell phones, meals, and refreshments at events. The report also
recommends School District travelers should have sufficient documents to
establish their tax exempt status when traveling within New York State.
District Officials agree with the
recommendations and have imple-mented
them. |
Lawrence Union Free School
District Report
2005M-38 10th Judicial
District |
||
School Energy
Efficiencies Report
2005-MR-7 |
||
School District Medicaid
Reimbursement Report
2005-MR-2 |
$2.8 million in Unclaimed
Funds The audit attempted to determine if a
sample of school districts claimed the Medicaid reimbursements to which
they are entitled for services provided to eligible special education
students. The audit found
that eight school districts failed to claim at least $2.8 million of
Medicaid reimbursement for related services, Targeted Case Management
(TCM), and ongoing service coordination.
The audit found many reasons why school
district officials did not claim the reimbursement. Every district had
difficulty in obtaining the proper documentation from providers needed to
file claims. Staff turnover
and poor communication between departments sometimes resulted in delays in
billing. Four districts were
unfamiliar with the process for claiming TCM services. Two districts used
federal grant funds to pay providers’ salaries for services to Medicaid
eligible students, thus making these services ineligible for Medicaid
reimbursement. One district failed to use a qualified provider to oversee
speech pathology services, rendering those services ineligible for
reimbursement. |
The report recommends that program
staff in districts’ pupil services and special education notify business
office staff and provide appropriate documentation needed to prepare
Medicaid claims. Another recom-mendation is for districts to explore using
federal grant moneys for non-Medicaid eligible services. If they have not
done so, districts should obtain Department of Health authorization to
claim reimbursement for ongoing service coordination. The report also recommends that
districts train staff on Medicaid reimbursement requirements, require
providers submit required documen-tation on a timely basis, review all
files to identify services that can be claimed for Medicaid reimbursement,
implement procedures for the timely filing of claims, ensure only
qualified providers deliver related services, and reconcile amounts
claimed for Medicaid reimbursement with the amounts received.
School district officials generally
agreed with the recommendations and indicated they plan to take corrective
actions.
|
Office
of the Inspector General Department of Health and Human
Services | ||
Audit |
Major
Finding |
Recommendations/Response |
Review of Medicaid Speech Claims Made
by the New York City Department of Education
(NYCDOE) Report
A-02-02-01029 |
$435,903,456
disallowance
The objective of the audit was to
determine whether federal Medicaid payments for speech services were in
compliance with federal and State requirements. The audit covered the period from
September 1, 1993 through June 30,
2001.
The auditors examined 100 speech claims
based on a statistical sample and found that 86 did not comply with
federal laws and regulations, federal guidance, State regula-tions, or the
Medicaid State plan.
Of the 86 claims, 68 contained more
than 1 deficiency. For 42
claims, the auditors were unable to verify that the services billed were
rendered; for 47 claims, the auditors were unable to verify that a minimum
of 2 speech services were rendered during the month billed; 2 claims
lacked any documentation; 43 claims lacked a referral by an appropriate
medical professional; for 24 claims, no child's plan/family plan was
provided; 1 claim did not include a recommendation for speech services in
the child's plan/ family plan; and for 76 claims, the services were not
provided by, or under the direction of, an ASHA certified individual or an
individual with similar qualifications.
The audit estimates the State
improperly claimed $435,903,456 in federal Medicaid funding over the
8-year period.
|
5
recommendations
The audit recommends the
State:
State Department of Health officials
disagreed with most aspects of the audit including the audit period,
approach, criteria and conclusions. State officials believe the auditors
applied federal regulations designed for a medical office setting to an
educational setting and that the audit had not been conducted in
accordance with generally accepted government auditing standards.
|
Attachment
III
Office of Audit Services
90-Day Follow-up
Process
The Office of Audit Services policy provides that 90 days after the release of a final audit report, follow-up correspondence (prepared by support staff and signed by the Department’s Chief Operating Officer) is sent to the entity to inquire about the steps taken to implement the recommendations contained in the report and whether the recommendations were fully, partially, or not implemented. If no recommendations are made in the report, a 90-day response is not warranted.
The audit manager and the auditor-in-charge should review the 90-day response, paying particular attention to statements that challenge the appropriateness of recommendations or indicate that recommendations cannot or will not be implemented.
Attachment
IV
Office of Audit
Services
Fraud, Waste, and Abuse
Hotline
The Hotline was
created to provide internal and external customers with an opportunity to
report inappropriate or questionable activities. The reporting of such
activities and subsequent follow-up by the Department can reduce the risk
of improper actions going undetected. This process can also serve to
deter the occurrence of other improper
activities. |
||||
|
Nature of Complaints: 2/05 -
7/05 |
|
||
|
Nature
of Complaint: |
Total |
|
|
|
Board
governance |
39 |
|
|
|
Board
member/Elections |
9 |
|
|
|
Special
Education |
8 |
|
|
|
Budget/Budget
vote |
7 |
|
|
|
Test
impropriety |
5 |
|
|
|
Completion of higher
education program |
5 |
|
|
|
Contractor/Grantee |
4 |
|
|
|
Management
misconduct |
4 |
|
|
|
School district
mergers |
3 |
|
|
|
Financial
fraud |
2 |
|
|
|
Misuse of
vehicle |
2 |
|
|
|
Student records
(FERPA) |
2 |
|
|
|
Teacher
certification |
2 |
|
|
|
Audit
information |
1 |
|
|
|
False statements,
certification, etc. |
1 |
|
|
|
Fundraising/Commercialism |
1 |
|
|
|
Home
Schooling |
1 |
|
|
|
Inappropriate
termination |
1 |
|
|
|
Lunch
program |
1 |
|
|
|
School district
organization |
1 |
|
|
|
Theft |
1 |
|
|
|
Violence/Harassment |
1 |
|
|
|
Total |
101 |
|
|
|
|
|
||
|
Complaints per Entity: 2/05 -
7/05 |
|
||
|
Type
of Entity: |
Total |
|
|
|
School
District* |
77 |
|
|
|
Other |
7 |
|
|
|
Higher
Education |
6 |
|
|
|
Non-public
school |
2 |
|
|
|
BOCES |
2 |
|
|
|
Cultural
Institution |
2 |
|
|
|
Internal-
SED |
2 |
|
|
|
Home
Schooling |
1 |
|
|
|
Rehabilitation
facility |
1 |
|
|
|
Special Act School
District |
1 |
|
|
|
Total |
101 |
|
|
|
* One school district had 23 of the
73 complaints. |
|
The Office of Audit Services (OAS)
New York
State Education Department
89 Washington Avenue, Room 524 EB
Albany, New
York 12234
(518) 473-4516 (main) (518) 473-0259 (fax)
Regents Goal #5
"Resources under our care will be used or maintained in the public interest."
Audit Planning Audit Reports Financial Statements, Single Audits and Financial Data and Statistics
Job Opportunities Links to Other Sites Audit Resources Staff List
More About OAS Search Our Site OAS Home SED Home Contact us
|
Report Fraud, Abuse, and Waste
The New York State Board of Regents and the State Education Department are committed to ensuring schools, BOCES, libraries, museums, educational organizations, and our programs use their funds in an effective and efficient manner. If you suspect fraud, waste, abuse, or mismanagement of public funds, you may report these allegations to us in the following ways.
Email: oas@mail.nysed.gov Fax: (518) 473-0259 Phone: (518) 473-4516
Write to: New York State Education Department
Office of Audit Services
89 Washington Avenue
Room 524 EB
Albany, NY 12234
In all cases, please provide as much detail as possible concerning your specific concerns along with any relevant information you can provide. You do not need to provide your name; however, you may want to provide your name and contact information in the event additional questions arise. Thank you.