Finding 31997 (2022-001)

- Repeat Finding
Requirement
A
Questioned Costs
-
Year
2022
Accepted
2023-01-25
Audit: 27821
Auditor: Rsm US LLP

AI Summary

  • Core Issue: The Organization expanded bed capacity by 12 skilled nursing beds without prior HUD approval, violating regulatory agreements.
  • Impacted Requirements: Regulatory agreement (HUD 92466-E) mandates obtaining HUD consent before any changes to bed capacity.
  • Recommended Follow-up: Implement procedures to ensure HUD approval is obtained before making bed changes and seek retroactive approval for the recent expansion.

Finding Text

Identifying Number: 2022-001 Information on the Federal Program: ALN #14.129, U.S. Department of Housing and Urban Development: Mortgage Insurance - Nursing Homes, Intermediate Care Facilities, Board and Care Homes and Assisted Living Facilities Criteria or Specific Requirement: The regulatory agreement, form HUD 92466-E) specifies in Paragraph 21: "The Mortgagor shall not reduce or expand, allow to be reduced, cause the expansion or reduction of the bed capacity, or change any bed to a different category (e.g. skilled to unskilled, etc.) without the consent of HUD. Any change in the bed capacity (without the consent of HUD) will violate this Agreement." Condition: The Organization expanded the licensed bed size or the mortgaged property by 12 skilled nursing beds before obtaining an approval from HUD. Cause: The Organization increased the number of licensed beds before obtaining HUD approval. Effect: Noncompliance with the HUD compliance requirements per the regulatory agreement. Questioned Costs: Not applicable. Context: Population was tested 100%; therefore, was statistically valid. This instance is isolated to this one bed change. Repeat finding: This finding is a repeat finding (2021-001, 2020-001, 2019-001, 2018-001, 2017-001, 2016-001, 2015-001 and 2014 001). Recommendation: Procedures should be implemented and placed in service to ensure HUD approval is obtained before bed changes are made on the mortgaged property. The Organization should also obtain approval after-the-fact for the specific bed change noted above. Views of Responsible Officials: Management disagrees with finding 2022-001.

Corrective Action Plan

Identifying Number: 2022-001 Finding: The Organization expanded the licensed bed size of the mortgaged property by 12 skilled nursing beds before obtaining an approval from HUD. Corrective Action Taken or Planned: Ron Wilson is responsible to ensure corrective actions are taken. Management has had multiple communications since May 2013 with their lender to resolve this finding, however it still remains unresolved. Management most recently corresponded with the lender in March 2022 to resolve the finding, and an application to HUD for approval of the license change was filed. Management is currently waiting on HUD?s review for completion.

Categories

HUD Housing Programs

Other Findings in this Audit

Programs in Audit

ALN Program Name Expenditures
14.129 Mortgage Insurance_nursing Homes, Intermediate Care Facilities, Board and Care Homes and Assisted Living Facilities $7.47M