Kan. Admin. Regs. § 26-2-10
Current through Register Vol. 43, No. 49, December 5, 2024
(a) Definitions. (1) "Federal funds" means federal financial assistance and federal cost-reimbursement contracts that non-federal entities receive directly from federal awarding agencies or indirectly from the department, other state agencies, or pass-through entities.(2) "Limited-scope audit" means agreed-upon procedures conducted in accordance with the American institute of certified public accountants' generally accepted auditing standards or attestation standards that address one or more of the following types of compliance requirements:(A) Activities allowed or unallowed;(B) allowable costs and cost principles;(D) matching, level of effort, and earmarking; and(3) "Pass-through entity" and "entity" mean a non-state organization that provides a state award to a sub-recipient to carry out a federal or state program.(4) "Recipient" means an entity that expends a state award received directly from the department to carry out a federal or state program.(5) "Single audit" means an audit that includes both the entity's financial statements and the funds awarded by the department and expended during the entity's fiscal year.(6) "State award" means state financial assistance and state cost-reimbursement contracts that entities receive directly from the department or indirectly from pass-through entities. This term shall not include procurement contracts used to buy goods or services from vendors.(7) "Subrecipient" means an entity that expends department funds received from a pass-through entity to carry out a federal or state program and shall not include an individual that is a beneficiary of the program.(8) "Vendor" means a dealer, distributor, merchant, or other seller providing goods or services that are required for the conduct of a federal or state program. These goods or services may be for the entity's own use or for the use of beneficiaries of the federal or state program.(b) Audit requirements.(1) Office of management and budget circular no. A-133 (OMB circular A-133), "audits of states, local governments, and non-profit organizations," revised to show changes published in the federal registers of June 27, 2003 and June 26, 2007, excluding the introduction, subparts D and E, and the appendices, is hereby adopted by reference, except that in subpart B, section .200(a), "Federal awards" shall be replaced with "state awards in combination with federal funds received from other sources."(2) Each recipient, subrecipient, or pass-through entity that expends a state award shall ensure the entity's related financial and program records are available to the secretary or the secretary's designee for audit or review.(3) Each recipient, subrecipient, or pass-through entity that expends $500,000 or more in state awards in combination with federal funds received from other sources during the entity's fiscal year shall have a single audit conducted in accordance with generally accepted government auditing standards and OMB circular A-133.(4) Each area agency on aging that is required to have a single audit in accordance with paragraph (b)(3) shall include all funds received from department grants and contracts in the single audit, including payments from medicaid programs.(5) Each recipient, subrecipient, or pass-through entity that expends less than $500,000 in state awards in combination with federal funds received from other sources during the entity's fiscal year may be subject to the following: (A) A limited-scope audit; or(B) an independent audit, which shall be completed at the department's expense.(6) Each audit shall be conducted by an independent auditor.(7) Each audit report shall be submitted to the department within six months after the end of the entity's fiscal year and shall include a reconciliation of the audited financial statements to the financial reports submitted by the entity to the department for programs funded by the department.(8) Each audit report submitted to the secretary after the audit report's deadline shall be considered late unless the audited entity has received an extension of the deadline, in writing, from the secretary. A written request for an extension may be granted by the secretary if the request meets all of the following conditions: (A) The entity's written request is signed by the entity's chair of the board of directors.(B) The request is received by the secretary at least seven working days before the date the report is due to the department.(C) The written request provides the reason for the delay which shall be legitimately beyond the entity's control.(D) The entity submits an audit report acceptable to the department by the revised due date indicated in the request.(9) Penalties for failing to submit an audit report on or before the due date or submitting an audit report that does not meet the requirements specified in this regulation shall be determined by the secretary and may include one or more of the following: (A) Disallowance of audit costs when audits required by paragraph (b)(3) have not been made or have been made but not in accordance with OMB circular A-133;(B) withholding a percentage of state awards until the audit is completed satisfactorily;(C) withholding or disallowing overhead costs;(D) suspending state awards until the audit is conducted; or(E) terminating the state award.(c) Monitoring requirements. Each recipient, subreci-pient, pass-through entity, and vendor shall be subject to monitoring performed by the secretary's designee, which shall include one or more of the following: (1) A review of reports submitted by the recipient, sub-recipient, pass-through entity, or vendor to the department;(2) one or more site visits to the recipient, subrecipient, pass-through entity, or vendor to review financial and program records and observe operations; and(3) procedures agreed upon by the recipient, subreci-pient, pass-through entity, or vendor's executive director or other individual authorized by the entity's board of directors and the secretary or secretary's designee to review activities or documentation related to programs funded by the department, including eligibility determinations.Kan. Admin. Regs. § 26-2-10
Authorized by and implementing K.S.A. 2010 Supp. 75-5908; effective July 15, 2011.