Finding 50952 (2022-001)

Significant Deficiency
Requirement
P
Questioned Costs
-
Year
2022
Accepted
2023-08-08
Audit: 53719
Auditor: Bonadio & CO LLP

AI Summary

  • Core Issue: The Home took a U.S. Small Business Administration loan without prior HUD approval, violating the HUD regulatory agreement.
  • Impacted Requirements: The HUD agreement requires written approval before any encumbrance of mortgaged property.
  • Recommended Follow-Up: Ensure compliance by obtaining HUD approval for any future loans or encumbrances on the property.

Finding Text

Program: U.S. Department of Housing and Urban Development (HUD) Mortgage Insurance - Nursing Homes, Intermediate Care Facilities, Board and Care Homes, and Assisted Living Facilities (Section 232) Assistance Listing #14.129. Condition: During 2022, the Home received a U.S. Small Business Administration loan without obtaining prior HUD approval. Criteria: The HUD regulatory agreement states there shall not be an encumbrance of any of the mortgaged property without prior written approval of HUD. Context: During testing of debt, it was noted that the Home entered into a loan agreement with the U.S. Small Business Administration. Cause: The Home experienced decreased occupancy, increased labor, benefits and supply expenditures as a lingering impact of the COVID-19 pandemic. It utilized the U.S. Small Business Administration loan as a means to cover operating expenses. Effect: Failure to obtain written approval from HUD constitutes noncompliance with the HUD regulatory agreement. Gross amounts loaned from the U.S. Small Business Administration amounted to $1,999,900 during 2022. Recommendation: Adhere to the HUD regulatory agreement in relation to obtaining prior written approval from HUD before encumbering the Project. Views of Responsible Official of the Auditee: The Home obtained the U.S. Small Business Administration loan as a prudent business decision to meet operating expenses.

Corrective Action Plan

Recommendation: Adhere to the HUD regulatory agreement in relation to obtaining prior written approval from HUD before encumbering the Project. Action Taken: During 2022, the Home received approval for the entirety of the loan balance and recognized the proceeds of the Small Business Administration loan as of December 31, 2022. The Home obtained the Small Business Administration loan as a prudent business decision to meet operating expenses. The Home will obtain prior written approval from HUD before encumbering the Project in the future.

Categories

HUD Housing Programs Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 50953 2022-001
    Significant Deficiency
  • 627394 2022-001
    Significant Deficiency
  • 627395 2022-001
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
14.129 Mortgage Insurance_nursing Homes, Intermediate Care Facilities, Board and Care Homes and Assisted Living Facilities $12.78M
97.036 Disaster Grants - Public Assistance (presidentially Declared Disasters) $1.15M