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Kansas Legislative Division of Post Audit

Agency Responses to Audit Recommendations

Previous Audit Recommendations Agency Updates as of December 2022
Audit Report ID Recommendation Current Status Description of Current Status
Kansas Department of Agriculture
Evaluating the Department of Agriculture’s Price Verification Inspection Process (2020) 1 KDA should use program data to develop a more effective inspection strategy instead of having scale inspections direct their inspection strategy. For example, KDA could focus on inspecting businesses that meet certain criteria, such as the severity of pricing issues, location, or type of business. KDA’s strategy should account for how many follow-up inspections KDA can do. Have Implemented We have focused compliance efforts on businesses that are most at risk of pricing inaccuracy (businesses with prior deficiencies) and evaluate inspection data bi-monthly to identify those businesses which meet the criteria for increased enforcement action (legal orders). Our “Price Verification Inspection Procedure” document has been modified to be more efficient with inspection time and focus on potential problem areas in stores. Scheduling priorities were changed to make follow-up inspections a higher priority.
2 KDA should do a staffing analysis to estimate the cost of implementing its desired inspection strategy. KDA should use that analysis to inform its future budget requests and discussions with the Legislature. In Progress The Agency completed the analysis of the number of staff required to implement its desired inspection strategy and determined that this level of staffing will require additional funding. KDA is in the process of determining the source of those funds. At the Office of the Secretary’s recommendation, the Agency was cautious in its SGF enhancement request for FY24 and therefore, did not include this Weights and Measure’s need in its budget request. KDA will continue to pursue industry outreach in preparation for submitting a plan to be considered in the next legislative and budget cycle.
3 KDA should develop and document a strategy for issuing legal orders timely and consistently instead of issuing them when staff have time. KDA’s strategy should clearly identify when KDA will issue legal orders (instead of when it may do so). KDA’s strategy should also reflect the extent to which KDA has sufficient resources to issue legal orders. KDA management should then regularly review program data to ensure staff issue legal orders in accordance with KDA’s strategy. Have Implemented We have created a document, the “Price Verification Escalation Process”, outlining our strategy for issuing legal orders. We have made the following changes to issue legal orders:
  • Adjusted the criteria used to determine when legal orders will be issued. This will enhance consistency and reduce the number of inspections occurring before escalation.
  • Modified the legal order process used by the Weights and Measures Program and the KDA Legal Counsel. This will allow timely issuance of legal orders.
  • Expanded the responsibility of compliance tracking to improve timeliness and consistency. Instead of one person being solely responsible for tracking repeated inspection failures, this will now be shared across inspection staff.
  • We are offering a compliance meeting and a Price Verification Training Seminar to all firms eligible for a legal order. Facilities which have participated in the seminars have shown improved pricing accuracy and were more likely to pass future inspections.
Kansas Department of Commerce
Economic Development Evaluation: Angel Investor Tax Credit Program (2020) 1 The Department of Commerce should proactively enforce statute’s requirement that participating businesses remain in Kansas for 10 years. Or for whatever time frame the Legislature decides is appropriate if it amends current state law. Have Implemented Our agreements with each company contain claw back language allowing Commerce to recover the amount of any tax credits awarded the company in the event the company leaves the state during the term of the agreement. Annually, we track and update the companies with information from the Department of Labor and conduct site visits if there is no history of activity with Department of Labor. Bioscience companies are required to be located in Kansas for 10 years and non-bioscience companies are required to be in Kansas for 5 years. lf a company has left the state we seek to enforce the claw back.
Economic Development Evaluation: STAR Bonds Financing Program (2021) 1 The Department of Commerce should use STAR bond districts’ visitation data to evaluate whether the STAR bonds financing program is meeting its goals and shape future decisions about whether to approve proposed attractions. Have Implemented Commerce appreciates the LPA recommendation related to using Project visitation data to influence the decision to approve a proposed attraction. Visitation is a key component of these projects. The decision to approve a project is based almost exclusively on projected visitation rather than historical since the latter doesn’t exist at the time a project is approved. A significant improvement to the process is that for new Districts and projects established after July 1, 2021, Commerce engages the visitation study rather than the developer. We believe this will provide more accurate visitation projections. Commerce issued a RFP and has entered into contracts with five vendors to provide these services. We will match a vendor with certain expertise to a project. For example, a vendor may have significant experience with sports facilities and will utilize that expertise on a sports related project. Tracking visitors is also important. Cities are now required as part of the application process to submit a plan as for how it proposes to track visitation to its attractions. Although no tracking method is perfect, a tailored project specific approach is best. Commerce believes these changes will provide more accurate visitation data to allow for better administration of the program.
Grant, Greeley, Lane, Pawnee, Wabaunsee, and Wallace Counties
Evaluating County Government Procurement and Contracting Practices (2021) 1 The six median and small counties (Grant, Greeley, Lane, Pawnee, Wabaunsee, and Wallace) should write more detailed conflict of interest and purchasing policies that incorporate the state laws and best practices noted in this report. [Grant County Response] Have Implemented Grant County has completed the audit recommendation of incorporating a more detailed conflict of interest and purchasing policy that incorporates the state laws and best practices.
1 The six median and small counties (Grant, Greeley, Lane, Pawnee, Wabaunsee, and Wallace) should write more detailed conflict of interest and purchasing policies that incorporate the state laws and best practices noted in this report. [Greeley County Response] Have Implemented Greeley County has implemented Resolution 2022-009 that will finish what we plan to implement. The resolution was adopted April 11, 2022.
1 The six median and small counties (Grant, Greeley, Lane, Pawnee, Wabaunsee, and Wallace) should write more detailed conflict of interest and purchasing policies that incorporate the state laws and best practices noted in this report. [Lane County Response] Have Implemented The Lane County Commissioners implemented a conflict of interest and purchasing policy adopted April 19, 2021. The puchasing policy and conflict of interest can be found on our website under Resolution 2021-01.
1 The six median and small counties (Grant, Greeley, Lane, Pawnee, Wabaunsee, and Wallace) should write more detailed conflict of interest and purchasing policies that incorporate the state laws and best practices noted in this report. [Pawnee County Response] Have Implemented The Pawnee County Commissioners adopted procurement and purchasing policies on 12/27/21.
1 The six median and small counties (Grant, Greeley, Lane, Pawnee, Wabaunsee, and Wallace) should write more detailed conflict of interest and purchasing policies that incorporate the state laws and best practices noted in this report. [Wabaunsee County Response] Have Implemented Commissioners adopted Resolution 2022-11, a resolution establishing a policy and procedure for disposition of surplus property and procurement of property on February 14, 2022. The policy went into effect upon passage of the resolution.
1 The six median and small counties (Grant, Greeley, Lane, Pawnee, Wabaunsee, and Wallace) should write more detailed conflict of interest and purchasing policies that incorporate the state laws and best practices noted in this report. [Wallace County Response] Have Implemented Wallace County adopted purchasing policies (Resolution 2022-17) on November 15, 2022.
Kansas Department of Health and Environment & HCAIP Panel
Examining Distributions from the Health Care Provider Tax (2021) 1 KDHE and the HCAIP panel should review and adjust Medicaid reimbursement rates every few years with the goal of maintaining any statutorily required disbursement split. Will Not Implement KDHE is currently prohibited from implementing the recommendation by 2021 HB 2007, Sec. 80(i). KDHE is continuing to pursue approval from CMS to implement revisions to the HCAIP program that would allow the state to meet statutory distribution percentages while avoiding cuts to provider rates.
Kansas Department for Children and Families
Reviewing Foster Care Services for the Health and Safety of Children (2022) 1 DCF, KDADS, and other partners should develop clear protocols and guidance for services, including timeliness standards for assessments and communication with service providers. In Progress KDADS has implemented timeliness standards for assessments with service providers (CMHC). DCF has updated policy in review with legal and contract stakeholders (grantees) regarding communication with service providers. New policies and processes are being discussed and considered to improve timely access to mental and behavioral health services.
2 DCF should consider conducting a service capacity study to determine what services are most needed in the system and how best to increase capacity. In Progress As mentioned in the response DCF has a number of service array assessments in place to annually review capacity though several facilitated collaboratives and work groups. Plans to address any capacity needs are underway. For example the mobile crisis unit was implemented in late 2021 and a new level of care for therapuetic family foster homes was implemented in 2022.
3 DCF should consider conducting a staffing study to determine what caseloads should be and what efforts they can make to lower them. Will Not Implement DCF grant awards require that foster care case management agencies be accredited by a national accrediting organization such as Council on Accreditation (COA) or Joint Commission. This accreditation requires they follow well- regarded caseload standards within accreditation standards of 12- 25 children. No staffing study is needed to determine what caseloads need to be. Efforts to reduce the number of childern in out of home care and support a fully staffed workforce are on going.
4 DCF should establish clear oversight expectations with their case management providers. This includes corrective actions and using performance data to identify systemic issues. Have Implemented Current grant awards include a penalty/incentive structure applicable after a period of program improvement planning. Quality assurance outreach phone call conversations to placement providers and parents have been implemented to understand in more depth and improve the quality and frequency of monthly worker/ child visits.
5 DCF should ensure the Comprehensive Child Welfare Case Management System they are developing has several key features, including, a robust comprehensive case management system; the ability to track services children need and are receiving; provide direct access to case management staff; a way to uniformly access customer service complaints and resolutions; and have clear data quality control measures. Have Implemented The CCWIS Planning Project has been completed as of 9/30/2022. The primary products of planning; Feasibility Study Report, RFPs (Implementation, Quality Assurance, and Independent Verification and Validation), Implementation Advance Planning Document are all complete and have been approved by ACF and are pending CITO approval. In addition, the High-Level Plan has been completed and submitted to DCF and KITO/CITO for approval. The CCWIS Design, Development and Implementation (DDI) Project commenced October 1, 2022 under the DCF and ACF approved Implementation Advance Planning Document.
Kansas Division of the Budget
Evaluating the Accuracy of Certain Economic Impact Statements (2022) 1 The Division of the Budget should ensure state agency officials understand how to complete economic impact statements so they are consistent across agencies. Have Implemented The Division of the Budget (DOB) published information regarding the revised rules and regulations process in May 2022 to the DOB website. This information outlines changes that were made to the rules and regulations process as a result of the enactment of 2022 HB 2087. The information that was published on the DOB website has been shared with agencies.
2 The Division of the Budget should update its economic impact statement templates to ensure they comply with all requirements in state law. Have Implemented The Division of the Budget updated the state agency Economic Impact Statement forms on May 3, 2022, as a result of the enactment of 2022 HB 2087. The Division of the Budget confirms that these updates bring the template into full compliance with state law.
3 The Division of the Budget should work with other agencies involved in the regulation process to explore an electronic alternative to the current paper-based approval process. In Progress The Department of Administration legal department has a new chief counsel. During FY 2023, the Division will reach out to the new staff, along with the staff of the Office of Attorney General, to explore an electronic process to replace the current paper process. However, with the changes that were contained in 2022 HB 2087, the Division of the Budget’s role in the rules and regulations process has been greatly diminished. This change should likely be headed by the Department of Administration and the Office of Attorney General.