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Fidelity House Inc., Administration of Limited Unit Rate Service Agreements

July 17, 2013 · Read the full official report (PDF) ↗

Published July 17, 2013 Audit covers July 1, 2008 – June 30, 2011 Under Suzanne M. Bump · 2011–2023

In plain English
Auditors questioned all $601,067 of Fidelity House's tested LUSA payments because records were weak and some money was used for things the LUSA program was not meant to pay for.
source
“We found problems with all $601,067 of Fidelity’s accounts-payable-period LUSA transactions, including inadequate documentation to substantiate that LUSA services were properly authorized, inadequate documentation to support LUSA billings, and LUSA contract funding not being used for its intended purposes, as follows:”
Read the plain-English breakdown
Why was it audited?

The auditor was reviewing DDS human-service contracting to check whether public money was being used accountably, transparently, and cost-effectively.

“The overall audit of DDS was conducted as part of OSA’s ongoing efforts to audit human-service contracting activity by state agencies and to promote accountability, transparency, and cost effectiveness in state contracting.”
Why it matters

The report says LUSA money is meant for short-term, unexpected client services, but DDS used these contracts in ways that were not properly controlled and sometimes not consistent with that purpose.

“That report presents our system-wide audit, which determined that, although LUSA funding is supposed to be used for intermittent unanticipated services to clients as needed, DDS is not properly administering these contracts.”
What's in it for me?

If you are a taxpayer, client, family member, or service provider, this matters because the audit questions whether state disability-service funds were properly documented and used for services rather than unrelated purchases or accounting fixes.

“Documentation was also not sufficient to verify that payments were not duplicative or excessive and that the contractor had actually provided the LUSA services billed.”
The bottom line

The auditor found $601,067 in questioned funding involving Fidelity House, including missing or inadequate documentation, capital and non-service purchases, and payments that should have gone through other contract mechanisms.

“In many instances, the same transaction was associated with multiple problems.”
What happens next

The report says oversight agencies should review the issues, and Fidelity should strengthen controls so LUSA services are properly performed, documented, billed, and accounted for.

“In accordance with the recommendations of the overall report and the testing results specific to Fidelity, Fidelity should implement appropriate control measures to ensure that all LUSA services are performed, documented, billed, and accounted for in compliance with applicable requirements.”
Why it's significant

This was not a small paperwork issue: Fidelity received about $880,595 in LUSA payments during the audit period, and the auditors focused on the $601,067 processed during accounts-payable periods, finding problems with all of it.

“Fidelity received approximately $880,595 of the above-stated $62.2 million in total DDS LUSA payments.”
Jargon, unpacked

LUSA stands for Limited Unit Rate Service Agreement. In plain terms, it is a state contract tool DDS can use to buy limited, as-needed services from an approved provider when a client is not already covered by another contract.

“LUSAs are a form of a master contract agreement that can be used by DDS to purchase services from a preapproved contractor on an intermittent, limited-time basis for clients who are not already covered through an existing contract.”
Identified in this audit - source-verified
$381,924

5 figure(s) pending source verification - not shown

What the Auditor checked

What the Auditor found

Fidelity had questionable use of $601,067 in LUSA funds.
recordkeeping/documentationinternal controlsprocurement/contractsvendor oversight

Why it matters: Funds may have been improperly authorized, unsupported, duplicative, excessive, or used for purposes outside the intended LUSA service mechanism.

Standard: DDS Purchase of Service Manual; Commonwealth Terms and Conditions for Human and Social Services; OSD and OSC capital item purchasing and accounting requirements. ( Chapter 11, Section 12, of the Massachusetts General Laws; 808 CMR 1.00 )

1 recommendation
  • Fidelity should implement control measures to ensure all LUSA services are performed, documented, billed, and accounted for in compliance with requirements.agency: already implemented
Agency response & Auditor reply
Agency: "Fidelity acknowledges that it followed certain DDS contracting and billing mechanisms without the proper understanding that they were sometimes in violation of LUSA guidelines."
Fidelity did not maintain adequate documentation for $201,469 in LUSA authorizations and payments.
recordkeeping/documentationinternal controls

Why it matters: Auditors could not determine whether payments were authorized, not duplicative or excessive, or whether services were actually provided.

Standard: DDS Authorization for Services process and Commonwealth Terms and Conditions for Human and Social Services. ( Commonwealth Terms and Conditions for Human and Social Services )

1 recommendation
  • Fidelity should maintain adequate authorization and service delivery documentation for LUSA services.agency: already implemented
Agency response & Auditor reply
Agency: "At the time of the billing and contracting period covered by the audit, Fidelity was not receiving [ASF] forms from DDS to authorize services."
DDS and Fidelity improperly used $381,924 in LUSA funds for capital assets and other non-service items.
procurement/contractsasset/inventory controlinternal controls

Why it matters: LUSA funds were used for purchases outside the service purpose of LUSA agreements and outside required capital item procurement mechanisms.

Standard: OSD Capital Item Procurement Policy and OSC expenditure classification requirements. ( OSD Capital Item Procurement Policy )

1 recommendation
  • LUSA payments should only be used for purposes allowed under state guidelines.agency: already implemented
Agency response & Auditor reply
Agency: "The use of the LUSA funding mechanism for the purchase of capital items or other non-service items was not Fidelity’s decision, but followed DDS practice in place at the time."
DDS improperly used $17,674 in LUSA funds for Personal Support Services payments, and $9,294 lacked adequate service documentation.
procurement/contractsrecordkeeping/documentationinternal controls

Why it matters: Transactions should have been processed through non-LUSA contracts, and some lacked adequate evidence that one-on-one services were delivered.

Standard: DDS policies governing LUSA use and DDS policy and contract language requiring amendments to regular DDS contracts. ( DDS policies governing the use of LUSAs and DDS policy and contract language )

1 recommendation
  • PSS year-end reconciliation payments should be made through amendments to regular program contracts.agency: already implemented
Agency response & Auditor reply
Agency: "Fidelity was not made aware during the onsite audit of any inadequacies in service delivery documentation."

Verified dollar findings

Improper payments identified $381,924

Money paid out that the audit found should not have been - overpayments, unallowable and nonreimbursable charges, improper claims.

$381,924 - improper capital and non-service-item reimbursements
Other identified $601,067 not in headline

Identified dollar findings that do not fall in a named band.

$601,067 - questioned funding