Finding No. 2021-001 - Activities Allowed or Unallowed - Hazard Pay Eligibility
Federal Program
Assistance Listing Number 21.019 - Coronavirus Relief Fund
Name of Federal Agency
U.S. Department of Treasury
Pass-through Entity
Puerto Rico Department of Treasury
Category
Internal Control/Compliance; Significant Deficiency
Criteria
As stated in the Federal Register, Hazard Pay may be covered using payments from the Coronavirus Relief Fund (the Fund) if it is provided for performing hazardous duty or work involving physical hardship that, in each case, is related to COVID–19. This means that the payroll and benefits of an employee who is substantially dedicated to mitigating or responding to the COVID–19 public health emergency may generally be covered in full using payments from the Fund. Hazard Pay may only be covered to the extent it is directly related to COVID-19.
In addition, per the Puerto Rico Fiscal Agency and Financial Advisory Authority (AAFAF) guidelines, Hazard Pay is allowable only if it is related to duties to directly respond to COVID-19, independent of the category of employee, usually reserved for First Responders. The guidelines recommend the following model for Hazard Pay: a.
First Responders: are those employees that, because of the nature of their responsibilities, are continuously exposed to COVID-19 contagion and are employees performing substantial services within the emergency rooms and the COVID-19 intensive care units.
b.
Temporary COVID-19 triage areas that a hospital may have established in response to the pandemic.
c.
The Hazard Pay program suggests the following apportionment for First Responders and the hospital has the discretion to classify the employees within the risk categories stated below:
i.
Very High Risk: $1,250 each
ii.
High Risk: $1,000 each
iii.
Medium Risk: $900 each
iv.
Lower Risk: $800 each
Condition
During our audit procedures, we identified certain ineligible employees that were included as part of the Hazard Pay program incentive.
Cause
The original guidelines issued by the Puerto Rico Fiscal Agency and Financial Advisory Authority (AAFAF) for the Hazard Pay program provided a general definition for qualifying employees and that the eligibility criteria could be determined based on the Occupational Safety and Health Administration (OSHA) guidelines. However, such original Hazard Pay program guidelines were subsequently clarified by AAFAF, providing more specific criteria and definitions for qualifying employees.
Based on the general guidelines issued by AAFAF, the Hospital included certain employees that did not meet the Hazard Pay program criteria, since the Hospital did not consult with AAFAF about the eligibility of certain Not Substantially Dedicated employees, as defined in the Federal Register. Effect
The condition above resulted in the inclusion of ineligible employees in the payment of the Hazard Pay incentive.
Questioned Cost
Question cost amounted to $6,200 which represents the payments made to ineligible employees.
Context
Of the 325 employees that received the Hazard Pay incentive, we identified 31 employees that worked on departments not directly related to COVID 19. Total ineligible Hazard Pay incentives paid amounted to $6,200, out of total incentives paid of $125,089.
Identification of a repeat finding
Yes. This is an immediate repeat of prior year finding 2020-001.
Recommendation
The Hospital should continue to monitor and review guidelines for federal awards under the CARES Act to ensure it is up-to-date on the applicable requirements and changes therein. In addition, the Hospital should consider consulting with AAFAF when available guidance may be subject to interpretation or when new awards, if any, are received.
We recommend the Hospital to revise the guidelines to include only the first responders employees to receive the hazard pay. The meaning of first responders are those employees that, because of the nature of their responsibilities, are continuously exposed to COVID-19 contagion.
Views of responsible officials and planned corrective actions
The Hospital’s management agrees with this finding. Please refer to the corrective action plan on pages 53-54.
Federal Programs
Assistance Listing Number 21.019 - Coronavirus Relief Fund
Assistance Listing Number 21.027 - Coronavirus State and Local Fiscal Recovery Funds
Name of Federal Agency
U.S. Department of Treasury
U.S. Department of Health and Human Services
Pass-through Entity
Puerto Rico Department of Treasury
Category
Internal Control/Compliance; Significant Deficiency
Criteria
2 CFR 200.512 (a) (1) establishes that the audit must be completed, and the data collection form described in paragraph (b) of this section and reporting package described in paragraph (c) of this section must be submitted within the earlier of 30 calendar days after receipt of the auditors' report(s), or nine months after the end of the audit period.
Condition
The Hospital did not submit the required data collection form and reporting package within the required period of September 30, 2022 (9 months after the end of fiscal year).
Cause
This condition was caused by the fact that the financial statements, which are part of the reporting package, were not ready to be released by the required period of September 30, 2022 (9 months after the end of fiscal year). Effect
Federal grantors were prevented from being informed on a timely basis of the current audit findings and results. Consequently, any action, further requirements or support from the federal grantor could not be executed on a timely basis or at all.
Context
No context for this finding since this is a single audit annual reporting requirement to submit the Data Collection Form and the Reporting Package to the Federal Audit Clearinghouse.
Identification of a repeat finding
Yes. This is an immediate repeat of prior year finding 2020-002.
Questioned costs
None
Recommendation
We recommend to the Hospital to establish calendars to review submission of required annual reporting in order to ascertain that all team members are aware of due dates, including filing extensions.
Views of responsible officials and planned corrective actions
The Hospital’s management agrees with this finding. Please refer to the corrective action plan on pages 53-54.
Federal Programs
Assistance Listing Number 21.019 - Coronavirus Relief Fund
Assistance Listing Number 21.027 - Coronavirus State and Local Fiscal Recovery Funds
Name of Federal Agency
U.S. Department of Treasury
U.S. Department of Health and Human Services
Pass-through Entity
Puerto Rico Department of Treasury
Category
Internal Control/Compliance; Significant Deficiency
Criteria
2 CFR 200.512 (a) (1) establishes that the audit must be completed, and the data collection form described in paragraph (b) of this section and reporting package described in paragraph (c) of this section must be submitted within the earlier of 30 calendar days after receipt of the auditors' report(s), or nine months after the end of the audit period.
Condition
The Hospital did not submit the required data collection form and reporting package within the required period of September 30, 2022 (9 months after the end of fiscal year).
Cause
This condition was caused by the fact that the financial statements, which are part of the reporting package, were not ready to be released by the required period of September 30, 2022 (9 months after the end of fiscal year). Effect
Federal grantors were prevented from being informed on a timely basis of the current audit findings and results. Consequently, any action, further requirements or support from the federal grantor could not be executed on a timely basis or at all.
Context
No context for this finding since this is a single audit annual reporting requirement to submit the Data Collection Form and the Reporting Package to the Federal Audit Clearinghouse.
Identification of a repeat finding
Yes. This is an immediate repeat of prior year finding 2020-002.
Questioned costs
None
Recommendation
We recommend to the Hospital to establish calendars to review submission of required annual reporting in order to ascertain that all team members are aware of due dates, including filing extensions.
Views of responsible officials and planned corrective actions
The Hospital’s management agrees with this finding. Please refer to the corrective action plan on pages 53-54.
Federal Programs
Assistance Listing Number 21.027 - Coronavirus State and Local Fiscal Recovery Funds
Name of Federal Agency
U.S. Department of Treasury
Pass-through Entity
Puerto Rico Department of Treasury
Category
Internal Control/Compliance; Significant Deficiency
Criteria
According to the 31 CFR Subtitle A Part 35 Subpart 35.6 (c)(1) A recipient may use funds to provide premium pay to eligible workers of the recipient who perform essential work or to provide grants to eligible employers that have eligible workers who perform essential work, eligible workers performing essential work during the COVID-19 public health emergency. A recipient uses premium pay or grants provided to eligible workers performing essential work during the COVID-19 public health emergency if:
1)
The eligible worker's total wages and remuneration, including the premium pay, is less than or equal to 150 percent of the greater of such eligible worker's residing State's or county's average annual wage for all occupations as defined by the Bureau of Labor Statistics' Occupational Employment and Wage Statistics.
Accordingly, the Puerto Rico Treasury Department created the "Comité de Supervisión de Desembolsos de los fondos del CRF". It established the guidelines under the ARPA Act and determined that an individual will be eligible if he was and employee of an Eligible Employer and meets the following requirements:
a.
The employee or worker has earned a base salary or annual compensation less than $40,000 for the calendar year 2020 or 2021; and b.
When applying, the employee or worker is actively working for an Eligible Employer and has also completed at least five hundred (500) hours of essential work in person since March 1, 2020, carrying out essential work.
Condition
During our audit procedures on the expenses of the federal program, we found that one payment was made to an employee who did not meet the eligibility requirements. In addition, we identified a payment claimed to the federal program as being made to a specific employee, however, while performing audit procedures on the payment, we noted that the Hospital did not make the payment to the employee and did not return it to the grantor.
Cause
Involuntary error by an employee who worked with an eligible employee's report used to apply for the funds. The payroll department prepared the report with information from employees' records using specific program eligibility criteria. Then, the report was reviewed and approved by the finance department director.
The employee for whom payment was not made resigned in August 2021 after the Hospital determined the eligible employees to be paid but before disbursement of payments. Premium pay funds were received by the Hospital on October 18, 2021 and considered the payment of the employee who resigned. The funds were disbursed to employees on October 29, 2021.
Effect
As a result of this condition, the U.S. Department of Treasury may request the return of funds, issue
warnings and/or impose penalties to the Hospital.
Questioned cost
Question cost amounted to $4,000. The known questioned cost was calculated by the amount disbursed ($2,000) to the ineligible employee plus the payment not paid ($2,000) to the other employee. Context
Of the three hundred fifty-one (351) premium pay payments made, we selected forty (40) payments for testing and noted one (1) instance of noncompliance. When we assessed the entire population, we extended the sample, selected ten (10) additional premium pay payments, and noted the exceptions of the payment not paid to an employee.
Identification of a Repeat Finding
This is not a repeat finding from the immediate previous audit.
Recommendation
The management of the Hospital should reinforce its procedures of the administration of federal funds to ensure the compliance with the requirements with each program. Also, the Hospital should establish communication with the Health Department of Puerto Rico in order to obtain instructions for the correction of the non-compliance event and the related questioned cost.
Views of responsible officials and planned corrective actions
The Hospital’s management agrees with this finding. Please refer to the corrective action plan on pages 53-54.
Finding No. 2021-001 - Activities Allowed or Unallowed - Hazard Pay Eligibility
Federal Program
Assistance Listing Number 21.019 - Coronavirus Relief Fund
Name of Federal Agency
U.S. Department of Treasury
Pass-through Entity
Puerto Rico Department of Treasury
Category
Internal Control/Compliance; Significant Deficiency
Criteria
As stated in the Federal Register, Hazard Pay may be covered using payments from the Coronavirus Relief Fund (the Fund) if it is provided for performing hazardous duty or work involving physical hardship that, in each case, is related to COVID–19. This means that the payroll and benefits of an employee who is substantially dedicated to mitigating or responding to the COVID–19 public health emergency may generally be covered in full using payments from the Fund. Hazard Pay may only be covered to the extent it is directly related to COVID-19.
In addition, per the Puerto Rico Fiscal Agency and Financial Advisory Authority (AAFAF) guidelines, Hazard Pay is allowable only if it is related to duties to directly respond to COVID-19, independent of the category of employee, usually reserved for First Responders. The guidelines recommend the following model for Hazard Pay: a.
First Responders: are those employees that, because of the nature of their responsibilities, are continuously exposed to COVID-19 contagion and are employees performing substantial services within the emergency rooms and the COVID-19 intensive care units.
b.
Temporary COVID-19 triage areas that a hospital may have established in response to the pandemic.
c.
The Hazard Pay program suggests the following apportionment for First Responders and the hospital has the discretion to classify the employees within the risk categories stated below:
i.
Very High Risk: $1,250 each
ii.
High Risk: $1,000 each
iii.
Medium Risk: $900 each
iv.
Lower Risk: $800 each
Condition
During our audit procedures, we identified certain ineligible employees that were included as part of the Hazard Pay program incentive.
Cause
The original guidelines issued by the Puerto Rico Fiscal Agency and Financial Advisory Authority (AAFAF) for the Hazard Pay program provided a general definition for qualifying employees and that the eligibility criteria could be determined based on the Occupational Safety and Health Administration (OSHA) guidelines. However, such original Hazard Pay program guidelines were subsequently clarified by AAFAF, providing more specific criteria and definitions for qualifying employees.
Based on the general guidelines issued by AAFAF, the Hospital included certain employees that did not meet the Hazard Pay program criteria, since the Hospital did not consult with AAFAF about the eligibility of certain Not Substantially Dedicated employees, as defined in the Federal Register. Effect
The condition above resulted in the inclusion of ineligible employees in the payment of the Hazard Pay incentive.
Questioned Cost
Question cost amounted to $6,200 which represents the payments made to ineligible employees.
Context
Of the 325 employees that received the Hazard Pay incentive, we identified 31 employees that worked on departments not directly related to COVID 19. Total ineligible Hazard Pay incentives paid amounted to $6,200, out of total incentives paid of $125,089.
Identification of a repeat finding
Yes. This is an immediate repeat of prior year finding 2020-001.
Recommendation
The Hospital should continue to monitor and review guidelines for federal awards under the CARES Act to ensure it is up-to-date on the applicable requirements and changes therein. In addition, the Hospital should consider consulting with AAFAF when available guidance may be subject to interpretation or when new awards, if any, are received.
We recommend the Hospital to revise the guidelines to include only the first responders employees to receive the hazard pay. The meaning of first responders are those employees that, because of the nature of their responsibilities, are continuously exposed to COVID-19 contagion.
Views of responsible officials and planned corrective actions
The Hospital’s management agrees with this finding. Please refer to the corrective action plan on pages 53-54.
Federal Programs
Assistance Listing Number 21.019 - Coronavirus Relief Fund
Assistance Listing Number 21.027 - Coronavirus State and Local Fiscal Recovery Funds
Name of Federal Agency
U.S. Department of Treasury
U.S. Department of Health and Human Services
Pass-through Entity
Puerto Rico Department of Treasury
Category
Internal Control/Compliance; Significant Deficiency
Criteria
2 CFR 200.512 (a) (1) establishes that the audit must be completed, and the data collection form described in paragraph (b) of this section and reporting package described in paragraph (c) of this section must be submitted within the earlier of 30 calendar days after receipt of the auditors' report(s), or nine months after the end of the audit period.
Condition
The Hospital did not submit the required data collection form and reporting package within the required period of September 30, 2022 (9 months after the end of fiscal year).
Cause
This condition was caused by the fact that the financial statements, which are part of the reporting package, were not ready to be released by the required period of September 30, 2022 (9 months after the end of fiscal year). Effect
Federal grantors were prevented from being informed on a timely basis of the current audit findings and results. Consequently, any action, further requirements or support from the federal grantor could not be executed on a timely basis or at all.
Context
No context for this finding since this is a single audit annual reporting requirement to submit the Data Collection Form and the Reporting Package to the Federal Audit Clearinghouse.
Identification of a repeat finding
Yes. This is an immediate repeat of prior year finding 2020-002.
Questioned costs
None
Recommendation
We recommend to the Hospital to establish calendars to review submission of required annual reporting in order to ascertain that all team members are aware of due dates, including filing extensions.
Views of responsible officials and planned corrective actions
The Hospital’s management agrees with this finding. Please refer to the corrective action plan on pages 53-54.
Federal Programs
Assistance Listing Number 21.019 - Coronavirus Relief Fund
Assistance Listing Number 21.027 - Coronavirus State and Local Fiscal Recovery Funds
Name of Federal Agency
U.S. Department of Treasury
U.S. Department of Health and Human Services
Pass-through Entity
Puerto Rico Department of Treasury
Category
Internal Control/Compliance; Significant Deficiency
Criteria
2 CFR 200.512 (a) (1) establishes that the audit must be completed, and the data collection form described in paragraph (b) of this section and reporting package described in paragraph (c) of this section must be submitted within the earlier of 30 calendar days after receipt of the auditors' report(s), or nine months after the end of the audit period.
Condition
The Hospital did not submit the required data collection form and reporting package within the required period of September 30, 2022 (9 months after the end of fiscal year).
Cause
This condition was caused by the fact that the financial statements, which are part of the reporting package, were not ready to be released by the required period of September 30, 2022 (9 months after the end of fiscal year). Effect
Federal grantors were prevented from being informed on a timely basis of the current audit findings and results. Consequently, any action, further requirements or support from the federal grantor could not be executed on a timely basis or at all.
Context
No context for this finding since this is a single audit annual reporting requirement to submit the Data Collection Form and the Reporting Package to the Federal Audit Clearinghouse.
Identification of a repeat finding
Yes. This is an immediate repeat of prior year finding 2020-002.
Questioned costs
None
Recommendation
We recommend to the Hospital to establish calendars to review submission of required annual reporting in order to ascertain that all team members are aware of due dates, including filing extensions.
Views of responsible officials and planned corrective actions
The Hospital’s management agrees with this finding. Please refer to the corrective action plan on pages 53-54.
Federal Programs
Assistance Listing Number 21.027 - Coronavirus State and Local Fiscal Recovery Funds
Name of Federal Agency
U.S. Department of Treasury
Pass-through Entity
Puerto Rico Department of Treasury
Category
Internal Control/Compliance; Significant Deficiency
Criteria
According to the 31 CFR Subtitle A Part 35 Subpart 35.6 (c)(1) A recipient may use funds to provide premium pay to eligible workers of the recipient who perform essential work or to provide grants to eligible employers that have eligible workers who perform essential work, eligible workers performing essential work during the COVID-19 public health emergency. A recipient uses premium pay or grants provided to eligible workers performing essential work during the COVID-19 public health emergency if:
1)
The eligible worker's total wages and remuneration, including the premium pay, is less than or equal to 150 percent of the greater of such eligible worker's residing State's or county's average annual wage for all occupations as defined by the Bureau of Labor Statistics' Occupational Employment and Wage Statistics.
Accordingly, the Puerto Rico Treasury Department created the "Comité de Supervisión de Desembolsos de los fondos del CRF". It established the guidelines under the ARPA Act and determined that an individual will be eligible if he was and employee of an Eligible Employer and meets the following requirements:
a.
The employee or worker has earned a base salary or annual compensation less than $40,000 for the calendar year 2020 or 2021; and b.
When applying, the employee or worker is actively working for an Eligible Employer and has also completed at least five hundred (500) hours of essential work in person since March 1, 2020, carrying out essential work.
Condition
During our audit procedures on the expenses of the federal program, we found that one payment was made to an employee who did not meet the eligibility requirements. In addition, we identified a payment claimed to the federal program as being made to a specific employee, however, while performing audit procedures on the payment, we noted that the Hospital did not make the payment to the employee and did not return it to the grantor.
Cause
Involuntary error by an employee who worked with an eligible employee's report used to apply for the funds. The payroll department prepared the report with information from employees' records using specific program eligibility criteria. Then, the report was reviewed and approved by the finance department director.
The employee for whom payment was not made resigned in August 2021 after the Hospital determined the eligible employees to be paid but before disbursement of payments. Premium pay funds were received by the Hospital on October 18, 2021 and considered the payment of the employee who resigned. The funds were disbursed to employees on October 29, 2021.
Effect
As a result of this condition, the U.S. Department of Treasury may request the return of funds, issue
warnings and/or impose penalties to the Hospital.
Questioned cost
Question cost amounted to $4,000. The known questioned cost was calculated by the amount disbursed ($2,000) to the ineligible employee plus the payment not paid ($2,000) to the other employee. Context
Of the three hundred fifty-one (351) premium pay payments made, we selected forty (40) payments for testing and noted one (1) instance of noncompliance. When we assessed the entire population, we extended the sample, selected ten (10) additional premium pay payments, and noted the exceptions of the payment not paid to an employee.
Identification of a Repeat Finding
This is not a repeat finding from the immediate previous audit.
Recommendation
The management of the Hospital should reinforce its procedures of the administration of federal funds to ensure the compliance with the requirements with each program. Also, the Hospital should establish communication with the Health Department of Puerto Rico in order to obtain instructions for the correction of the non-compliance event and the related questioned cost.
Views of responsible officials and planned corrective actions
The Hospital’s management agrees with this finding. Please refer to the corrective action plan on pages 53-54.