REPORT DIGEST

 

DEPARTMENT OF

PUBLIC HEALTH

 

COMPLIANCE EXAMINATION

 

For the Two Years Ended:

June 30, 2005

 

Summary of Findings:

Total this report                     16

Total last report                       8

Repeated from last report        7

 

Release Date:

April 25, 2006 

 

 

 

 

State of Illinois

Office of the Auditor General

WILLIAM G. HOLLAND

AUDITOR GENERAL

 

 

 

To obtain a copy of the Report contact:

Office of the Auditor General

Iles Park Plaza

740 E. Ash Street

Springfield, IL 62703

(217) 782-6046 or TTY (888) 261-2887

 

This Report Digest and Full Report is also available on

the worldwide web at

http://www.state.il.us/auditor

 

 

SYNOPSIS

 

¨      The Department made payments for efficiency initiative billings from improper line item appropriations.

 

¨      The Department was not in compliance with the State Officials and Employees Ethics Act.

 

¨      The Department did not follow prescribed accounting procedures for the recognition of revenues and non-cash awards.

 

¨      The Department did not have a current and tested Disaster Recovery Plan for computer systems.

 

¨      The Department did not adhere to reporting requirements established by State law.

 

¨      The Department did not perform camp inspections or issue license renewals upon expiration as required by the Youth Camp Act.

 

¨      The Department did not inspect migrant labor camps and issue corresponding licenses as required by the Illinois Migrant Labor Camp Law.

 

¨      The Department did not comply with requirements of the Innovations in Long-term Care Quality Grants Act.

 

¨      The Department failed to file Travel Headquarter Reports with the Legislative Audit Commission.

 

¨      The Department did not assess fines to violators as required by the Field Sanitation Act.

 

¨      The Department had not fully implemented recommendations made in the Program Audit of the Illinois Health Facilities Planning Board.

 

 

 


{Expenditures and Activity Measures are summarized on the reverse page.}

 


DEPARTMENT OF PUBLIC HEALTH

COMPLIANCE EXAMINATION

For the Two Years Ended June 30, 2005

 

EXPENDITURE STATISTICS

FY 2005

FY 2004

FY 2003

     Total Expenditures (All Funds)...................

 

$296,378,918

$269,778,363

$247,683,935

     OPERATIONS TOTAL..................................

         % of Total Expenditures........................

$232,796,622

79%

$215,412,553

80%

$188,907,448

76%

 

         Personal Services...................................

            % of Operations Expenditures...........

            Average No. of Employees...............

 

$46,024,036

20%

1,118

 

$45,620,649

21%

1,120

 

$48,791,063

26%

1,187

 

         Other Payroll Costs (FICA, Retirement) .

            % of Operations Expenditures...........

 

$13,170,241

6%

 

$10,761,211

5%

 

$12,153,392

6%

 

         Contractual Services...............................

            % of Operations Expenditures...........

 

          Lump Sum..........................................

            % of Operations Expenditures...........

 

$5,566,810

2%

 

$162,823,781

70%

 

$8,520,359

4%

 

$144,696,929

67%

 

$12,257,966

7%

 

$110,098,821

58%

 

         All Other Operations Items.....................

            % of Operations Expenditures...........

 

 

$5,211,754

2%

 

$5,813,405

3%

 

$5,606,206

3%

     GRANTS TOTAL..........................................

         % of Total Expenditures.........................

 

$63,582,296

21%

$54,365,810

20%

$58,776,487

24%

     Cost of Property and Equipment..................

$29,708,246

$30,218,962

$29,385,006

           

SELECTED ACTIVITY MEASURES (unaudited)

FY 2005

FY 2004

     Number of Licensed LTC Beds...........................

125,349

126,363

     Number of LTC Facility Annual Inspections..........

1,106

1,092

     Newborns Genetic/Metabolic Disorder Screening Performed.........................................................

 

179,845

 

183,050

     Vision and Hearing Screenings Performed............

1,799,125

2,534,319

     Number of Requests to Women’s Health Helpline.

1,603

2,936

 

AGENCY DIRECTOR

During Audit Period:  Eric E. Whitaker, M.D., M.P.H.

Currently: Eric E. Whitaker, M.D., M.P.H.

 



 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


No guidance from CMS detailing where savings were to occur

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Efficiency initiative payments totaled $3,453,348

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hours spent each day on official State business not documented

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Revenues were understated by $1.8 million in FY05

 

 

 

 

 


Non-cash awards not recognized in Accounting Reports

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Annual recovery testing for Category One applications not performed

 

 

 

 


A Category One application did not have a disaster recovery plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reports not submitted to the General Assembly as required by State law

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Renewal license not issued for 90 of 235 camps

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

22 of 25 Migrant Labor Camps not inspected prior to camp commencement

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


The Department did not establish a long-term care grant programs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TA-2 Reports not submitted and inaccurate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No fines accessed in FY04 or FY05

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5 of 7 recommendations not fully implemented

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS

 

 

PAYMENTS WERE MADE FOR EFFICIENCY INITIATIVE BILLINGS FROM IMPROPER LINE ITEM APPROPRIATIONS

 

      The Department made payments for efficiency initiative billings from improper line item appropriations.

Public Act 93-0025, in part, outlines a program for efficiency initiatives to reorganize, restructure, and reengineer the business processes of the State.  The State Finance Act details that the amount designated as savings from efficiency initiatives implemented by the Department of Central Management Services (CMS) shall be paid into the Efficiency Initiatives Revolving Fund.  The Act further requires State agencies to pay these amounts from line item appropriations where cost savings are anticipated to occur.

 

      The Department could not provide documentation on any guidance for the FY04 billings from CMS detailing where savings were to occur nor did CMS provide evidence of savings for the amounts billed.  Department staff reported they had not experienced any significant savings from the efficiency initiatives.

 

      We found that the Department made payments in FY04 for these billings not from line item appropriations where the cost savings were anticipated to have occurred but based on an attempt to spread the payments across different funds to encompass the Department as a whole.  The Department used:

 

·        $235,000 from a lump sum appropriation to the Division of Information Technology for “Expenses Associated with the Childhood Immunization Program” for invoices relative to savings from Procurement and Information Technology Efficiency Initiatives.

 

·        $86,400 from a lump sum appropriation for “expenses of mosquito abatement in an effort to curb the spread of West Nile Virus” for an invoice relative to savings from Procurement Efficiency Initiatives.

·        $79,100 from a lump sum appropriation for “Operational Expenses for Metabolic Screening Follow-up Services” for an invoice relative to savings from Procurement Efficiency Initiatives.

 

·        $35,000 from appropriations for “Grants for Development of Local Health Departments and the Public Health Workforce, including Operational Expenses” for an invoice relative to savings from Procurement Efficiency Initiatives.

 

·        $683,737 toward procurement and information technology billings from personal services related line item appropriations.

 

·        $55,000 toward the procurement efficiency billing from travel line item appropriations.

 

      The FY05 billings from CMS contained more detail on where CMS determined the Department saved monies.  However, it appears the Department paid these billings in a manner similar to the previous fiscal year.

 

      The Department paid a total of $3,453,348 for the efficiency initiative billings.  (Finding 1, pages 10-13)

 

We recommended that the Department only make payments for efficiency initiative billings from line item appropriations where savings would be anticipated to occur.  Further, the Department should seek an explanation from the Department of Central Management Services as to how savings levels were calculated, or otherwise arrived at, and how savings achieved or anticipated impact the Department’s budget.

 

      Department officials accepted our finding and recommendation and stated the Department received multiple efficiency billings from DCMS in FY04 and FY05 with limited documentation and the Department did make several efficiency payments from contractual services, equipment and information technology line items that most closely aligned themselves with the efficiency initiative billings.  However, without additional cost documentation, the Department allocated its remaining payments to appropriations that allowed the greatest flexibility to manage administrative costs, i.e., lump sum appropriations.  In addition, the Department stated that they did attempt to allocate payments, in addition to GRF, from other non-GRF State funds and it was the Department’s belief that the DCMS cost savings initiatives would impact administrative operations in most all of its various operating funds and not solely impact GRF appropriations. 

 

 

NONCOMPLIANCE WITH THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT

 

The Department did not have written policies and procedures for timekeeping and reporting hours worked on official State business.  In addition, the timekeeping system used by the Department did not document hours spent each day on official State business by employee.  (Finding 2, page14)

 

We recommended the Department comply with the State Officials and Employees Ethics Act by developing a written policy regarding timekeeping requirements and requiring employees to submit timesheets recording time spent on official State business to the nearest quarter hour.

 

Department officials accepted our finding and recommendation and stated that a comprehensive directive on timekeeping will be issued and posted for all employees to review.  In addition, the weekly time sheets currently utilized for the Central Time and Attendance system will be modified to include employee signatures as verification of time spent on official State business to the nearest quarter hour.

 

 

FINANCIAL REPORTING IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP)

 

The Department did not correctly report financial information on the Grant/Contract Analysis (SCO-563) form to the Office of the State Comptroller.  The Department prepares a separate SCO-563 form for six funds.  We noted the following errors:

 

·        The Department did not calculate (estimate) deferred revenues correctly for federal grants on one SCO-563 form.  The Department received an additional $1.798 million in revenues during the first 60 days of the next fiscal year, resulting in the Department overstating deferred revenues and understating revenues by $1.798 million.

 

·        The Department did not include a non-cash award on one SCO-563 form.  The non-cash award was for commodities received from the federal government totaling $24.575 million.  As a result of the Department not including this non-cash award on the SCO-563, the Department also did not recognize the revenue and expenditure of the non-cash award in the year end accounting reports filed with the Office of the State Comptroller (GAAP Package).  (Finding 3, pages 15-16)

 

      We recommended the Department comply with the Statewide Accounting Management System and Governmental Accounting Standards Board requirements to ensure accurate financial information is submitted to the Office of the State Comptroller.  Further, we recommended the Department review and revise as necessary its current system used to gather and document the financial information that will be reported in the Office of the State Comptroller generally accepted accounting principles (GAAP) Reporting Package Forms.

 

      Department officials accepted our finding and recommendation and stated that the Department has changed its process to have an estimate for the revenue that will be made available during the remainder of the lapse period.  In addition, the Department was under the assumption that only cash assistance is reportable on the SCO-563 and they have also changed its process to report all non-cash awards or any direct assistance received from the federal government on the SCO-563 and recognize it as revenue and expenditure in the GAAP package.

 

 

LACK OF DISASTER RECOVERY PLANNING AND TESTING FOR COMPUTER SYSTEMS

 

The Department did not have a current Disaster Recovery Plan (Plan) and had not performed comprehensive disaster recovery testing.  The Department has identified 11 applications as Category One on the Statewide Critical Application Listing.  One of the criteria for a Category One application is the annual recovery testing at an off-site location.  The Department had not conducted annual recovery testing at the off-site location for these applications. 

 

The Department had established a Plan, which “details the precise instructions and actions required to recover the time critical information technology systems and services.”  However, the Plan contained outdated information and the Department had not developed a Plan for one of the Department’s Category One applications.  (Finding 6, pages 22-23)

 

We recommended that the Department perform and document tests of its disaster recovery plan.  The tests should include all critical computing platforms, and systems, and should be adequately documented.  Additionally, all Category One applications should be subject to annual recovery tests performed at an off-site location.

 

Department officials accepted our finding and recommendation and stated that the Department has worked diligently for the past two years defining a Business Continuity Program to protect its constantly changing programs and large number of resources and continues efforts to maintain plans for all Category One applications as they are identified.  The Department will coordinate efforts with the Department of Central Management Services to perform tests on each of the current applications defined in the plan.

 

 

NONCOMPLIANCE WITH REPORTING REQUIREMENTS

 

      The Department did not adhere to various reporting requirements established by State law.  We noted the following:

 

·        The Department did not submit to the General Assembly a comprehensive plan providing for the best possible use of available resources for the development of the State’s human resources and the provision of social services by the Department as required by the Illinois Welfare and Rehabilitation Services Planning Act (20 ILCS 10/3 and 4).

 

·        The Department convened a task force to assess the feasibility and curriculum for a Certified Nurse Assistant Career Ladders Program, however the task force has not started the Career Ladders Program or reported its findings and recommendations to the General Assembly as required by the Nursing Home Care Act (210 ILCS 45/3-206.04).

 

·        The Department did not report to the General Assembly by April 1 of each year upon the performance of its State long-term care facility licensure inspections, survey and evaluation duties and its actions in enforcement under this Act as required by the Nursing Home Care Act (210 ILCS 45/3-804).  (Finding 8, pages 26-27)  This finding has been repeated since 1997.

 

      We recommended the Department comply with the various reporting requirements or seek legislative remedy for statutory mandate provisions.  (For previous Department response see Digest Footnote 1.)

 

Department officials accepted our finding and recommendation and stated that the responsibility for the Illinois Welfare and Rehabilitation Services Planning Act rests with the Department of Human Services and the Department will seek a legislative remedy to eliminate the statutory requirement for their Department.  In addition, the Certified Nurse Assistant Career Ladders Task Force has been created and is currently meeting and working on the Career Ladder issue.  The Annual Report to the General Assembly has included updates on the progress of this Task Force and is part of the Nursing Home Care Act Annual Report.  Further, for the past several years, the long-term care program has listed as a legislative initiative the revision of the reporting date from April 1 to July 1.  The program will continue to pursue this change to the reporting requirement of the Nursing Home Care Act.

 

 

YOUTH CAMP INSPECTIONS NOT PERFORMED AND LICENSES NOT ISSUED

 

      The Department did not perform camp inspections and did not issue license renewals upon expiration of previous licenses as required by the Youth Camp Act.  We noted the Department did not issue a renewal license upon expiration of the previous license at December 31 for 90 of 235 camps tested.  In addition, the Department issued a license without performing an inspection for 4 youth camps.  (Finding 9, pages 28-29)

 

      We recommended the Department perform inspections and issue licenses as required by the Youth Camp Act.

 

      Department officials concurred with our finding and recommendation and stated that the renewal period is at the end of the calendar year when most camps are not in operation, e.g. summer camps.  Consequently, some renewals are sent to the camp and no one is there or addresses may have changed.  In the last few months Department staff have initiated a licensing data base that allows for immediate access to licensing information.  The Department will stress the importance to the licensee of any address changes at the time of the inspection and in the license renewal letter for the next and following licensure years.

 

 

NO INSPECTIONS OR LICENSES ISSUED ON MIGRANT LABOR CAMPS

 

      The Department did not inspect migrant labor camps 30 days prior to camp commencement and licenses were not issued 15 days prior to camp commencement as required by the Illinois Migrant Labor Camp Law.  We noted in 22 of 25 camps tested that the Department had inspected the camps, but inspections were not timely nor were licenses issued timely.  (Finding 10, pages 30-31)

 

      We recommended the Department comply with the requirements of the Illinois Migrant Labor Camp Law by inspecting and licensing migrant labor camps in accordance with State law.

 

      Department officials concurred with our finding and recommendation and stated that migrant labor camps are based on available housing, crop growth and the location of the work.  These change from year to year and the Department is usually notified less than 30 days of the date of the operation so an inspection cannot usually be performed and licenses issued as mandated.  The date of operation is determined by the crop growth which depends on the weather conditions for that year.  The operation of migrant camps have changed somewhat as they were when the law was initially written.

 

 

DEPARTMENT DID NOT COMPLY WITH INNOVATIONS IN LONG-TERM CARE QUALITY GRANTS ACT

 

      The Department did not comply with the Innovations in Long-term Care Quality Grants Act (Act).  The Department did not establish a long-term care grant program or establish a commission to review applications for grants.  As a result, the Department did not provide grants to long-term care facilities even though the Department received a $1 million appropriation in fiscal year 2005 for this purpose.  (Finding 11, page 32)

 

      We recommended the Department comply with the provisions of the Innovations in Long-term Care Quality Grants Act by establishing a long-term care grant program including an advisory board that provides grants to long-term care facilities.

 

      Department officials concurred with our finding and recommendation and stated that this program was not implemented because of a delay in getting the Commission/Advisory Board appointed.  The Office of Health Care Regulation was notified on December 6, 2005 that the members of the Commission have now been approved.  The Department is in the process of setting up the initial meeting of the Commission which will allow for the process of reviewing and approving grants under this Act.

 

 

TRAVEL HEADQUARTER REPORTS NOT FILED TIMELY OR ACCURATELY

 

      The Department did not file 2 of 4 (50%) Travel Headquarter Reports (TA-2 Report) with the Legislative Audit Commission.  Further, the other two TA-2 Reports that were filed listed incorrect headquarters for nine employees.  (Finding 12, page 33)

 

      We recommended the Department comply with the requirements of the State Finance Act by filing accurate Travel Headquarter Reports and in a timely manner.

 

      Department officials concurred with our finding and recommendation and stated that all required TA-2 reports for the 2004-2005 audit period have been submitted to the Legislative Audit Commission and with respect to incorrect headquarters designations, the Department will work closely with the impacted offices to ensure proper listings are maintained.

 

 

FIELD SANITATION FINES NOT ASSESSED

 

      The Department did not assess fines to violators upon inspection of farm operations as required by the Field Sanitation Act.  During our testing we noted 4 of 8 (50%) field inspections performed during fiscal year 2004 and 2005 did not include the assessment of fines even though violations were noted on the field inspection forms.  The Department performed 17 inspections in fiscal year 2004 and 16 in fiscal year 2005, and no fines were assessed for either year.  (Finding 15, page 36)

 

      We recommended the Department comply with all aspects of the requirements of the Field Sanitation Act.

 

      Department officials concurred with our finding and recommendation and stated that, generally, most violations of this Act can and are corrected during the on-site inspection.  The Department's ability to assess fines for these violations has helped ensure that the violations are immediately corrected.  The Department will use its authority if the violations pose a severe health risk to the workers and the community.

 

RECOMMENDATIONS FROM THE 2001 PROGRAM AUDIT OF THE ILLINOIS HEALTH FACILITIES PLANNING BOARD NOT FULLY IMPLEMENTED

 

      The Department had not fully implemented five recommendations made in the Program Audit of the Illinois Health Facilities Planning Board (September 2001).

 

·        The first recommendation in the program audit stated that the Health Facilities Planning Board should assure that when conditions are required of applicants that those conditions relate to the projects being considered and comply with the Health Facilities Planning Act.

 

·        The third recommendation in the program audit stated that the State agency staff at the Department of Public Health should assure that evaluation criteria are applied consistently in the projects that they review and the State Agency Reports that they prepare.  

 

·        The fourth recommendation in the program audit stated that the Health Facilities Planning Board should examine their review criteria and make adjustments to the existing criteria or eliminate duplicative criteria to minimize the domino effect. 

 

·        The sixth recommendation in the program audit stated that the Board should assure that all applications are treated consistently.  This may require reviewing how similar projects were treated and may require comparing similar projects to choose the best one.

 

·        The seventh recommendation in the program audit stated that the Board should consider issuing a statement of findings for why a project is approved or denied.  This should be done for all projects approved as well as projects receiving an intent-to-deny, an initial denial, and a final denial.  For denials, this statement should not just reiterate the criteria not met in the State Agency Report since most projects are approved without meeting all criteria.  (Finding 16, Pages 37-40)

 

We recommended the Health Facilities Planning Board should continue its efforts to implement recommendations contained in the 2001 Office of the Auditor General’s program audit.  Specifically, the Planning Board should review the recommendations noted and continue its efforts to revise its rules, criteria and standards in its effort to ensure each recommendation is addressed and fully implemented.          

 

The Department concurred with the prior recommendations and the current status of those recommendations.  Regarding Program Audit Recommendation Number 1, the State Board has addressed this issue during its current rulemaking.  Contained in its proposed amendments to Part 1130 rules, parameters are established for “conditional permits.”  These rules have concluded the 1st Notice process and will be submitted to the Joint Committee on Administrative Rules (JCAR) for 2nd Notice by the end of April 2006.  Regarding Program Audit Recommendation Number 6, the current administrative rules do not allow for a comparative review of similar applications and do, in fact, state that each application must be considered on its own merit.  Under specific circumstances, a comparative review or “batching” process is permissible and is being considered under the State Board’s rules initiative.

 

 

OTHER FINDINGS

 

      The remaining findings are reportedly being given attention by the Department.  We will review the Department’s progress toward the implementation of our recommendations during our next examination.

 

      Mr. Gary Robinson, Deputy Director of the Office of Finance and Administration, provided the Department's responses to our findings and recommendations.

 

 

 

 

 

AUDITORS' OPINION

 

      We conducted a compliance examination of the Department of Public Health as required by the Illinois State Auditing Act.  We have not audited any financial statements of the Department for the purpose of expressing an opinion because the Department does not, nor is it required to, prepare financial statements.

 

 

 

____________________________________

WILLIAM G. HOLLAND, Auditor General

 

WGH:TLD:pp

 

 

 

AUDITORS ASSIGNED

 

      This examination was performed by the Office of the Auditor General’s staff.

 

 

DIGEST FOOTNOTE

 

#1 NONCOMPLIANCE WITH REPORTING REQUIREMENTS – PREVIOUS DEPARTMENT RESPONSE

 

2003:       Agree.  This Department has distributed to the members of the General Assembly its report of the long-term care facility licensure inspections and is in the process of including a curriculum for a Certified Nurse Assistant Cancer Ladders Program.  The Welfare and Rehabilitation Services are no longer provided by the Department as those services are the responsibility of the Department of Human Services.  The Department utilizes a strategic planning process and annual performance management planning to report on existing Department activities and operations.