Finding 30971 (2022-002)

Material Weakness Repeat Finding
Requirement
BE
Questioned Costs
$1
Year
2022
Accepted
2022-10-12
Audit: 30197
Auditor: Rubinbrown LLP

AI Summary

  • Core Issue: The Commission faces challenges in managing a high volume of rental assistance applications, leading to instances of known and suspected noncompliance.
  • Impacted Requirements: Compliance with 2 CFR sections 200.400 through 200.401 is critical, as the Commission must ensure federal funds are administered according to program objectives and guidelines.
  • Recommended Follow-Up: Continue enhancing internal controls and provide ongoing training for staff and third parties to prevent further noncompliance and improve application review processes.

Finding Text

Finding 2022-002 ? Allowable Costs and Activities, Eligibility ? Compliance and Control Finding Federal Award. No. 21.023 Emergency Rental Assistance Program ? COVID 19 Federal Agency: U.S. Department of Treasury Pass-Through Entity: Missouri Department of Economic Development Criteria Or Specific Requirement: 2 CFR sections 200.400 through 200.401 provide the general provisions for cost principles. Section 200.400(b) states that the non-Federal entity assumes responsibility of administering Federal funds in a manner consistent with underlying agreements, program objectives and the terms and conditions of the Federal award. Condition: In our nonstatistical sample of 40 transactions, we noted no exceptions as a result of our testing. However, during the current fiscal year, management of the Commission identified certain questionable rental assistance payments. Certain payments have been reported to the appropriate agencies in accordance with regulatory requirements and other payments are pending further investigation. Cause: The significant amount of Federal dollars awarded, the short period of time required to make awards available and the presence of new requirements under a new program were burdensome for management to disburse in compliance with Federal guidelines. Compared to the Commission?s other Federal programs, the program involves a very large number of applications and a high volume of transactions resulting in exposure to error and irregularity. Effect: Instances of known and suspected noncompliance were identified by the Commission. Questioned Costs: $6,743,299 of costs are actively being investigated by the Commission. Of this amount, the Commission has identified $3,861,548 of known questioned costs and $2,881,751 of potential questioned costs that are still being investigated. Context: Approximately 20,000 vendors are set up in the Commission?s system for application of emergency rental assistance. Of the vendors with applications approved for funding, 172 are considered to be known noncompliance and 76 are being investigated for potential noncompliance. After the identification of the first instance of noncompliance, the Commission adjusted and enhanced its procedures for evaluating current and existing applications. As the Commission reviews future applications following their updated policies and procedures, additional vendors could be flagged to investigate prior payments for potential ineligible costs. Identification As A Repeat Finding: Repeat of Finding No. 2021-002. Recommendation: We recommend that management continue to apply resources devoted to mitigating and preventing further exposure to noncompliance. Additionally, we recommend the Commission continue to provide additional training to employees as well as third parties responsible for reviewing and approving applications. Internal controls over allowable costs and activities should ensure procedural improvements are implemented properly. Views Of Responsible Officials: The Commission administered direct assistance according to the program rules and regulations. The Commission collected the required information and documentation to review and approve applications. Applicants submitted certified applications meeting the requirements of the program. However, the Commission staff discovered through its noncompliance review and identification processes that some program applicants provided false information and fraudulent documentation that continues to be investigated and reported to the proper authorities. Internal controls have been enhanced to mitigate and help prevent further exposure to noncompliance. This includes the adoption of a formal fraud, waste, and abuse policy in July 2021 as well as providing additional training to employees and third parties that are responsible for reviewing and approving applications in order to better detect invalid applicants to prevent funding these applicants. In May 2021, the Commission hired an Internal Compliance Manager and has engaged a third party law firm and a consulting group to provide consultative assistance to improve processes and to assist in investigating applications deemed to be questionable. Further, internal staffing capacity continues to be expanded with the creation of the Community Programs Processes Department in fall 2021 and the Data and Analytics Department in early 2022. Additional investigative techniques such as ?mass denial metrics? and tiered level reviews have been implemented into weekly application processing. Processes will continue to be implemented in response to changes in behavior by ineligible actors and ineligible application submission attempts. Commission staff has set regular internal coordination meetings to improve communication and aid in the identification of new indicators. Internal compliance staff actively participates in national groups administering similar programs, and explores and adopts new preventative measures demonstrated to be effective in other states. Anticipated Completion Date: The Commission implemented additional compliance review procedures during fiscal year 2021 and expects to conclude its investigation of identified cases during calendar year 2023. Contact Person: Steve Whitson, Director of Community Programs

Corrective Action Plan

Finding 2022-002 ? Allowable Costs and Activities, Eligibility ? Compliance and Control Funding Federal Award No. 21.023 Emergency Rental Assistance Program ? COVID 19 Corrective Action Plan: The Commission management identified questionable applicants for assistance during fiscal years 2021 and 2022 and agrees with the finding regarding ALN 21.023. Internal controls have been enhanced to mitigate and help prevent further exposure to noncompliance. This includes the adoption of a formal fraud, waste, and abuse policy in July 2021 as well as providing additional training to employees and third parties that are responsible for reviewing and approving applications in order to better detect invalid applicants to prevent funding these applicants. In May 2021 the Commission hired an Internal Compliance Manager and has engaged a third party law firm and a consulting group to provide consultative assistance to improve processes and to assist in investigating applications deemed to be questionable. Further, internal staffing capacity has been expanded with the creation of the Community Programs Processes Department in fall 2021 and the Data and Analytics Department in early 2022. Additional investigative techniques such as ?mass denial metrics? and tiered level reviews have been implemented into weekly application processing. Processes will continue to be implemented in response to changes in behavior by ineligible actors and ineligible application submission attempts. Staff has set regular internal coordination meetings to improve communication and aid in the identification of new indicators. Internal compliance staff actively participates in national groups administering similar programs, and explores and adopts new preventative measures demonstrated to be effective in other states. Completion Date: The Commission implemented additional compliance review procedures during fiscal year 2021 and expects to conclude its investigation of the fiscal year identified cases during calendar year 2023. Contact Person: Steve Whitson, Director of Community Programs

Categories

Questioned Costs Allowable Costs / Cost Principles Eligibility Subrecipient Monitoring Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 30968 2022-001
    Material Weakness Repeat
  • 30969 2022-001
    Material Weakness Repeat
  • 30970 2022-001
    Material Weakness Repeat
  • 30972 2022-003
    Significant Deficiency
  • 607410 2022-001
    Material Weakness Repeat
  • 607411 2022-001
    Material Weakness Repeat
  • 607412 2022-001
    Material Weakness Repeat
  • 607413 2022-002
    Material Weakness Repeat
  • 607414 2022-003
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
21.023 Emergency Rental Assistance Program $311.67M
14.239 Home Investment Partnerships Program $285.78M
14.182 Section 8 New Construction and Substantial Rehabilitation $160.16M
14.188 Housing Finance Agencies (hfa) Risk Sharing $31.85M
21.026 Homeowner Assistance Fund $11.05M
14.275 Housing Trust Fund $10.76M
14.231 Emergency Solutions Grant Program $8.97M
14.135 Mortgage Insurance_rental and Cooperative Housing for Moderate Income Families and Elderly, Market Interest Rate $1.83M
10.438 Section 538 Rural Rental Housing Guaranteed Loans $134,000
14.218 Community Development Block Grants/entitlement Grants $16,000