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Kansas Legislative Division of Post Audit

Agency Responses to Audit Recommendations

Previous Audit Recommendations Agency Updates as of June 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 We have evaluated increased levels of staffing and projected the increased inspections that would be realized should we reach these levels. KDA administration has reviewed this staffing analysis with several options. Since increased staffing would require an infusion of additional funding into the weights and measures budget, KDA plans to include this funding increase request in the KDA budget submitted in September 2022. Any increase in funds to support this would be subject to legislative approval in a subsequent legislative session.
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. Expired N/A
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] In Progress Wallace County has been working on a new policy. An almost complete policy has been reviewed and will be looked at here in the near future with additional changes.
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.