SPECIAL EDUCATION GRANTS FOR INFANTS AND FAMILIES WITH DISABILITIES. N. C. Department of Health and Human Services Division of Public Health

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APRIL 2006 84.181 SPECIAL EDUCATION GRANTS FOR INFANTS AND FAMILIES WITH DISABILITIES State Project/Program: CHILDRENS DEVELOPMENTAL SERVICES AGENCY PROGRAM Federal Authorization: State Authorization: Individuals with Disabilities Education Act (IDEA), Part C, as amended, 20 U.S.C. 1471-1485 General Statute (G.S.) 130A-5(3) and G.S. 130A-124; North Carolina Administrative Code 10A NCAC 43G N. C. Department of Health and Human Services Division of Public Health Agency Contact Person Program Jerry Wilkinson (919) 707-5533 Jerry.Wilkinson@ncmail.net Agency Contact Person - Financial Frances Dreps (919) 707-5071 frances.dreps@ncmail.net N. C. DHHS Confirmation Reports: SFY 2006 audit confirmation reports for payments made to Counties, Area Programs, Councils of Government and District Health Departments will be available by around late August to early September at the following web address: http://www.dhhs.state.nc.us/control/ At this site, page down to Letters/reports/forms for ALL Agencies and click on "Audit Confirmation Reports (State Fiscal Year 2005-2006). Additionally, audit confirmation reports for Nongovernmental entities receiving financial assistance from the DHHS are found at the same website except select Non- Governmental Audit Confirmation Reports (State Fiscal Years 2003-2005). The auditor should not consider the Supplement to be safe harbor for identifying audit procedures to apply in a particular engagement, but the auditor should be prepared to justify departures from the suggested procedures. The auditor can consider the Supplement a safe harbor for identification of compliance requirements to be tested if the auditor performs reasonable procedures to ensure that the requirements in the Supplement are current. The grantor agency may elect to review audit working papers to determine that audit tests are adequate. I. PROGRAM OBJECTIVES (codified in 10A NCAC 43G.0505) The Children s Developmental Services Agency Program (CDSAs) is comprised of 18 agencies staffed by multidisciplinary teams of specialists including pediatricians, nurses, psychologists, physical or occupational therapists, speech/language pathologists, social workers, service coordinators, educational diagnosticians, nutritionists and others. The CDSA provides developmental diagnostic services and service coordination to children up to three years of age. The CDSA maintains a network of private and public providers who provide required therapies and associated services. Children served either have or are at risk for developmental disabilities. The CDSA serves as the local lead agency under the Individuals with Disabilities Education ACT (IDEA), Part C. It provides or assures the availability of the 19 services required under IDEA, Part C. B-4 84.181-2CL 1

II. PROGRAM PROCEDURES (codified in 10A NCAC 43G.0103) There are 14 State-operated agencies and 4 contracted agencies in the CDSA Program. Each of the 18 agencies is strategically located to ensure that CDSA services are available to all 100 counties. Each agency generally provides services to 5 to 7 counties. Because of the complexity of services required and because services must be accessible geographically, the contracted agencies are sole source providers. Thus, Requests for Proposal (RFPs) are not utilized. The contractors have consistently provided quality services to children residing in North Carolina since 1964. Contractors receive funding based on catchment area demographics (such as population, children in poverty, county size). In addition to demographics, funding is also distributed based on statewide program mandates and initiatives. Children are referred to the CDSAs by parents, schools, family physicians and other health care providers. Pertinent information, such as medical records, is gathered and reviewed by agency staff. A staff member is assigned to coordinate services that are provided to the child and family. The child is seen by specialists, each with specific skills and experience in different areas of child development. As a team, agency staff discuss their findings and recommendations with the child s parents, responding to their concerns and questions. Follow-up is provided to ensure that appropriate intervention is initiated. CDSA staff work with parents, teachers, physicians and other health care providers in developing an understanding of the child s specific needs. Staff help families contact community resources to arrange for therapies and other needed services. There are four contract CDSAs. All receive State as well as federal funding. The majority of the services must be provided in natural environments (home or in settings with typically developing young children.) Services must be family centered. Each family must have choices regarding service providers for Community-Based Rehabilitative Services, Speech, Physical or Occupational Therapy. III. COMPLIANCE REQUIREMENTS A. Activities Allowed or Unallowed Activities are authorized in the North Carolina Administrative Code; Subchapter 10A NCAC 43G. The Statutory Authority is G.S. 130A-5(3) and G.S. 130A-124. Each contract includes a scope of service which is incorporated into the contract as an attachment. The activities allowed/unallowed reported below are not all inclusive. See the specific contract attachment for the entity being audited. Funds may be used to: Operate a CDSA in a designated area of the State for the purpose of providing CDSA services to all children requiring services. Secure and maintain specialized staff. Secure and maintain inventory, supplies, materials and equipment necessary to operate a CDSA. Secure adequate facilities/office space to support the CDSA operation. Funds may not be used for capital improvements, renovations or repairs to buildings without approval by the State. Funds may not be used to support overhead beyond 10% of expenditures for salaries. B-4 84.181-2CL 2

Verify through a sample that the activities related to the contract were the activities performed through that contract. B. Allowable Costs/Cost Principles Cost must be reasonable and necessary for the performance and administration of the award/grant and be allocable to the activity. In the event CDSA staff cannot deliver required services due to extended or unanticipated absences, excessive case load or other emergency situations, the contractor may secure services through other arrangements. Payments for services are to be based on the usual and customary hourly rate charge by professional/clinicians in the geographic area. Verify through a sample that the costs incurred under the grant would be deemed reasonable, necessary, and allocable by a prudent person in similar circumstances. E. Eligibility North Carolina children from birth to age three who have, or are suspected of having, developmental problems are eligible for Children s Developmental Services Agency services. Anyone may refer a child with the family s consent. No one is denied service because of an inability to pay. Children who show evidence or potential for developmental delay such as speech and hearing difficulties, learning problems, delays in cognitive development, metabolic or genetic abnormalities, elevated activity levels, or delays in physical development are candidates for evaluation, treatment and service coordination. (10A NCAC 43G 0105) Suggested Audit Procedures: Verify through a sample that recipients are eligible for services received. F. Equipment and Real Property Management The contractor may purchase medical and office equipment necessary to adequately support the CDSA operation. Equipment exceeding $5,000 per item requires prior approval by the State. Income generated resulting from the sale of surplus equipment must be used by the contractor for the operation of the CDSA. Verify that approval was received before receipt of equipment exceeding $5,000 per item. H. Period of Availability of Federal Funds The period of availability of State funds is July 1 st through June 30 th. Verify through a sample that the funds received were expanded or obligated within the grant period. B-4 84.181-2CL 3

I. Procurement and Suspension and Debarment All grantees that expend federal funds (received either directly from a federal agency or passed through the N. C. Department of Health and Human Services) are required to conform with federal agency codifications of the grants management common rule accessible on the Internet at http://www.whitehouse.gov/omb/grants/chart.html. All grantees that expend State funds (including federal funds passed through the N. C. Department of Health and Human Services) are required to comply with the procurement standards described in the North Carolina General Statutes and the North Carolina Administrative Code, which are identified in the State of North Carolina Agency Purchasing Manual accessible on the Internet at http://www.doa.state.nc.us/pandc/agpurman.htm#p6_65. Nongovernmental subrecipients shall maintain written Procurement policies that are followed in procuring the goods and services required to administer the program. J. Program Income Income generated as a result of CDSA services must be used for CDSA activities and services. (10A NCAC 43G). The sources of income that may be available to a CDSA are State, Federal, insurance receipts and payments by families according to a sliding fee scale. Verify through a sample that program income generated was used for CDSA activities and services. L. Reporting 10A NCAC 43G Service data is required to be reported through the Health Services Information System. Monthly expenditure reports are required. Examples of most used monthly service data reports include the following: HNAE106C: HNAE132A: HNAE132B: Clients by Referral Source and Age Group Clients Who Received Evaluations Clients Who Received Treatments HNAW133C: Clients Who Received Services Other than Treatments and Evals HNAE133A: HNAE133B: Supplemental Activities Report Supplemental Activities Report for 99-457 Activities B-4 84.181-2CL 4

N. Special Tests and Provisions Conflicts of Interest and Certification Regarding Overdue Tax Debts All non-state entities (except those entities subject to the audit and other reporting requirements of the Local Government Commission) that receive, use or expend State funds (including federal funds passed through the N. C. Department of Health and Human Services) are subject to the financial reporting requirements of G. S. 143-6.2 for fiscal years beginning on or after July 1, 2005. These requirements include the submission of a Notarized Conflict of Interest Policy (see G. S. 143-6.2(b1)) and a written statement (if applicable) that the entity does not have any overdue tax debts as defined by G. S. 105-243.1 at the federal, State or local level (see G. S. 143-6.2(b2)). All non-state entities that provide State funding to a non- State entity (except any non-state entity subject to the audit and other reporting requirements of the Local Government Commission) must hold the subgrantee accountable for the legal and appropriate expenditure of those State grant funds. B-4 84.181-2CL 5