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Kansas Legislative Division of Post Audit

Agency Responses to Audit Recommendations

Previous Audit Recommendations Agency Updates as of December 2021
Audit Report ID Recommendation Current Status Description of Current Status
Kansas Department of Corrections
Juvenile Justice Reforms: Evaluating the Effects of Senate Bill 367 (2020) 1 The Kansas Department of Corrections (KDOC) and the Office of Judicial Administration (OJA) should both develop complete datasets of juvenile offenders under their supervision or custody. Have Implemented KDOC continues to make every effort in obtaining data from jurisdictions and continues to report these results to JJOC.

KDOC has deployed a new data system as of 4/19/2021.
2 Once both datasets are in place, KDOC and OJA need to cooperate to reach an agreement on how to share, stage, and analyze their agencies’ data so the state can have a comprehensive dataset of its juvenile offenders. Have Implemented KDOC has approved an MOU and is with OJA for approval.
3 The Kansas Department of Corrections should develop a process to ensure judicial districts are using reinvestment grant funds on appropriate programs. Have Implemented KDOC has established a process as outlined in the Financial Rules, Guidelines, and Reporting Instructions for Adult Community Corrections and Juvenile Services. In addition, additional requirements are outlined in the request for proposals. KDOC reviews the grant recipient’s workbooks on a quarterly basis. A fiscal audit schedule is utilized for further monitoring.
Office of Judicial Administration
Juvenile Justice Reforms: Evaluating the Effects of Senate Bill 367 (2020) 1 The Kansas Department of Corrections (KDOC) and the Office of Judicial Administration (OJA) should both develop complete datasets of juvenile offenders under their supervision or custody. In Progress OJA expects to launch Tyler Supervision in the 8th and 21st judicial districts in August 2021. Based on the current timeline, OJA anticipates having Tyler Supervision fully implemented by the beginning of FY2024.
2 Once both datasets are in place, KDOC and OJA need to cooperate to reach an agreement on how to share, stage, and analyze their agencies’ data so the state can have a comprehensive dataset of its juvenile offenders. Have Implemented The MOU is being reviewed by KDOC and OJA. It is close to being fully executed.
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 We are in the process of evaluating staffing levels and developing alternate funding sources. As part of this process we will be looking at several staffing scenarios and plan to submit a proposal in 2022 for administration and legislative consideration.
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
The Kansas Creative Arts Industries Commission: Measuring its Economic Impact (2020) 1 Commission officials should research what impact data to collect from their programs, provide clear guidance for all metrics and data collected, and develop a process to verify reported results to ensure data collected is consistent and reliable. In Progress Wichita State will analyze raw data from KCAIC’s most recent NEA close out report. That data will be prepped and submitted to WSU in the next several weeks. WSU will then make recommendations, at which point CAIC will determine next steps including whether an economic impact study is needed. Ideally this process would run in tandem with other strategic plan activities.
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.
Department of Education
K-12 Education: Evaluating At-Risk Student Counts, Weights, and Expenditures (2019) 1 The department should ensure that any guidance they provide to the districts reflects current state law. Have Implemented Guidance documents are updated to reflect current state law.
2 The department should establish a process to determine that any identified programs and practices are evidence-based and for at-risk students. Have Implemented Web site has been updated with the list of evidence based best practices for districts to spend state at-risk aid. School district expenditures are monitored annually by approving the Local Consolidated Plan.
State Board of Education
K-12 Education: Evaluating At-Risk Student Counts, Weights, and Expenditures (2019) 3 The board should more thoroughly oversee the process for identifying at-risk programs and practices. Have Implemented The State Board of Education regularly monitors school district practices and compliance data through the Annual Report as well as systems’ accreditation reviews.
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] In Progress Grant County is still in process of completing this task. We are working with Swindoll, Janzen, Hawk & Loyd on ARPA funding and they are helping us with this too.
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] In Progress Greeley County is working with other counties to develop a draft policy. We will present the policy to the Supervisors at the upcoming meeting.
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] In Progress The Pawnee County Clerk spoke with the Pawnee County Commissioners and the County Attorney in regards to LPA recommendations at a recent meeting. This is a work in progress and we will be discussing again at an upcoming meeting.
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] In Progress Wabaunsee County is still ‘in progress.’ A draft policy is being reviewed by a committee of staff and will be presented to the Commissioners for approval in the coming months.
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] In Progress The Kansas Association of Counties is working with the Kansas County Clerks & Election Officials Association to compile purchasing policies and procedures from all counties. They intend to create a complete set of purchasing policies that any and all clerks can use in their counties, including Wallace County.
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.