Section 144-30-01 - APPLICABILITY AND DEFINITIONSA.PURPOSE AND APPLICABILITYEFFECTIVE DATE: July 1, 2012
Pursuant to 5 M.R.S.A. Section1660-H, this document presents implementing regulations for the Maine Uniform Accounting and Auditing Practices for Community Agencies (MAAP). The regulations establish accounting, audit and administrative requirements for community agencies receiving financial assistance in the form of agreements with the Department.
The Accounting and Financial Management Standards for Community Agencies (Section .02) provide a framework of standards of accountability over Department agreement funds received by community agencies. The rules prescribe internal control standards and financial reporting standards for every community agency receiving agreement funding from the Department. Total amounts of agreement expenditures will determine whether community agencies must submit entity-wide audited financial statements and a compliance audit or reviewed entity-wide financial statements and supplemental Schedule of Expenditures of Department Awards (SEDA). All community agencies with $50,000 or more of annual agreement expenditures are responsible for a Schedule of Expenditures of Department Agreements.
The Audit Requirements (Section .03) provide rules to assist Independent Public Accountants (IPA) in auditing Department agreements with community agencies. The rules define those community agencies which must obtain audits of entity-wide financial statements and Schedule of Expenditures of Department Agreements and compliance with applicable laws and regulations. This document recognizes the federal audit requirements of Office of Management and Budget Circular A-133 as applicable to community agencies and builds upon those requirements.
1. These rules require all community agencies with total agreement expenditures of at least $500,000 per year to have an entity-wide financial audit conducted by a qualified IPA and to have a compliance audit of the SEDA.2. Community agencies with less than $500,000 per year in total agreement expenses are not required to have an entity-wide financial audit or compliance audit of the SEDA conducted by a qualified IPA. Standard Administrative Requirements and Compliance for Department agreements (Section .04) provide uniform rules for Department agreements with community agencies to include such areas as standard cost principles, and additional compliance requirements.
The Department Responsibilities (Section .05) define the duties of Department program and audit personnel in administering agreements under these rules.
TheCommissioner of the Maine Department of Health and Human Services is responsible for the administration of these regulations.
B.DEFINITIONSUnless the context clearly requires otherwise, the following terms shall have the following meanings.
1.Agreement means a legally binding written document between two or more parties, including, but not limited to, a document commonly referred to as accepted application, proposal, prospectus, contract, grant, joint or cooperative agreement, purchase of service or state aid.2.Agreement amendment is a legally binding change or modification of the existing agreement.3.Agreement funds means all agreement funds received by the community agency from the Department that require a periodic financial or service claim to the Department for settlement purposes. It includes State and Federal pass-through funds.4.Agreement expenditures means the amount of agreement funds earned based on financial and service claims submitted to the Department.5.Budget is an estimate of expenditures of a program during a given time period and the means by which the expenditures will be financed.6.Budget revision is an approved change or modification to the existing budget.7.Client fees (private) are fees self-paid by clients or covered by third party insurance.8.Client fees (program) are fees from agreement or MaineCare subsidized clients.9.Commissioner means the Commissioner of the Maine Department of Health and Human Services, who has responsibility for the administration of this chapter.10.Commitment means the amount of funding the community agency has pledged to the program.11.Community agency (or Agency)means any public or private nonprofit organization, firm, individual, partnership or business corporation operated for profit, which: (a) Operates a social service program at the community level; and(b) Receives public funds, either directly or indirectly, from one or more state departments or agencies; and(c) Is not an administrative unit of the Federal government or State government.(d) Is not exclusively a general or psychiatric hospital within the meaning of Maine Administrative Procedures Act 10-144, Chapter 112.12.Continuation agreements are agreements with an end date that does not coincide with Agency's fiscal year.13.Cost sharing or matching means that portion of project or program costs not borne by the Federal and/or State government.14.Cost sharing settlement is a cost sharing agreement where multiple funding sources share in the expense of a funded service.15.Department means the Maine Department of Health and Human Services, as well as other Departments and agencies of State government approved for inclusion in this chapter by the Commissioner. As of July 1, 1996 the Maine Department of Transportation was approved for inclusion in this chapter by the Commissioner.16.Department examination means actions determined to be necessary by the Department's Division of Audit, including, but not limited to, analyses and/or testing of reported agreement balances and transactions, provisions of internal control systems and compliance with rules. Examinations conducted by the Department may be of a limited scope and are not considered an audit under generally accepted auditing standards or generally accepted government auditing standards.17.Department review means a review by the Department's Division of Audit of the community agency's submitted annual financial statements. A review may include desk and/or quality control reviews or such other reviews as the Department may establish by rule. Reviews are done for the purpose of accepting or rejecting the audit submission for Federal and State Department purposes or for the purpose of financially closing out the agreement(s) for the Department.18.Division of Audit is the responsible audit group in the Maine Department of Health and Human Services and the Maine Department of Transportation.19.Federal funds means all federal funds received by the community agency as defined by OMB Circular A-133 and MAAP and not just those agreements received from the Department. It includes Federal direct, indirect and pass-through funds from all sources.20.Federal pass-through funds means those funds received by a community agency from the Department and identified in the agreement as federal funds.21.Financial/service claims are periodic reports from a community agency that provide the financial and/or service activity of a "social service" agreement over a period of time.22.Generally Accepted Accounting Principles (GAAP) are uniform minimum standards and guidelines for financial accounting and reporting ordinarily employed by skilled accountants and agreed upon by authoritative practitioners of recognized professional standing, such as the Financial Accounting Standards Board (FASB), Governmental Accounting Standards Board (GASB) and other recognized professional bodies.23.Generally Accepted Auditing Standards (GAAS) are auditing standards promulgated by the American Institute of Certified Public Accountants.24.Government Auditing Standards are auditing standards promulgated by the Comptroller General of the United States.25.Independent Public Accountant (IPA) means a person who complies with generally accepted government auditing standards and who is one of the following: (a) A licensed certified public accountant or person working for a licensed certified public accounting firm; or(b) A public accountant licensed on or before December 31, 1970, or a person working for a public accounting firm licensed on or before December 31, 1970.26.Indirect expenses are costs that have been incurred for common or joint objectives that cannot be readily identified with a particular final cost objective.27.Known questioned costs means a cost that is questioned by the auditor because of an audit finding: (a) Which resulted from a violation or possible violation of a provision of a law, regulation, contract, grant, cooperative agreement, or other agreement or document governing the use of Agreement funds, including funds used to match Agreement funds.(b) Where the costs, at the time of the audit, are not supported by adequate documentation; or(c) Where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances.28.Likely questioned costs are the IPA's estimate of the total costs questioned as a result of the specifically identified questioned costs.29.Major agreement is an agreement or combination of agreements (continuation agreements) which purchase the same service with expenditures equal to or exceeding $100,000 during the fiscal year of the agency.30.Nonparticipating department is a department or division of State government other than one defined as a Department in this section that has not been approved for inclusion in this chapter by the Commissioner.31.Nonprofit organization means any agency, institution or organization that consists of or is owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.32.Program is an activity or set of activities intended to help achieve a particular outcome for the public.33.Program income means gross income earned by the community agency that is directly generated by a supported activity or earned as a result of the award. Program income includes, but is not limited to income from fees for services performed, the use or rental of real or personal property acquired under Department-funded projects, the sale of commodities or items fabricated under an agreement, license fees and royalties on patents and copyrights and interest on loans made with agreement funds. MaineCare revenue, whether fee for service, unit based or cost settled, is program income.34.Public means a municipal, county or other governmental body that is a political subdivision within the state.35.Restricted revenue is income from organizations or individuals that require the funds to be used for a specific purpose by the donor.36.Risk pool means utilizing and assessing risk factors for determining the need for an examination of an agreement. Such risk factors may include the value of the agreement and prior and current community agency historical profile.37.Service area means the name of the program or the type of service being funded through a Department agreement.38.Single audit means an audit made pursuant to Federal OMB Circular A-133 or any subsequent revisions to that circular. The single audit must be conducted by a qualified independent public accountant.39.Social service means any social services program funded in whole or in part through an agreement issued by the Department. MaineCare funding, whether cost-based or fee for service, is excluded unless MaineCare specifically is identified as a social service program in an agreement award. (Note 1)40.State funds mean those State funds received by a community agency directly from a State department, bureau, office or agency that do not represent Federal pass-through funds.41.Sub-contract means an award of financial assistance in the form of money, or property in lieu of money, made under an award by a recipient to an eligible subrecipient or by a subrecipient to a lower tier subrecipient. 42.Subrecipient means the legal entity to which a sub-contract is made and which is accountable to the recipient for the use of the funds provided. Guidance for distinguishing between a subrecipient and a vendor is provided in Federal Circular OMB A-133, §__.210. 43.Tier 1 agency is a community agency with less than $500,000 in total annual agreement expenditures of agreement funding from the Department.44.Tier 2 agency is a community agency with $500,000 or more in total annual agreement expenditures of agreement funding from the Department.45.Unrestricted revenue is revenue from funding sources to a community agency that is not restricted for a specific purpose by the donor. For cost-sharing purposes, revenue that has been designated to a specific program by the donor is considered unrestricted revenue.46.Vendor means a dealer, distributor, merchant, or other sellers providing goods or services that are required for the conduct of a State or Federal program. These goods or services may be for an organization's own use or for the use of beneficiaries of the State or Federal program. Guidance for distinguishing between a subrecipient and a vendor is provided in Federal Circular OMB A-133, §__.210. Note 1 - "Social services" includes, but is not limited to social, correctional, legal, health, medical, mental health, developmental disability, rehabilitation, substance abuse, transportation services, programs for children, juveniles, teens and adults, families and the elderly.
10- 144 C.M.R. ch. 30, § 01