Section 52.43. Audit requirements

(a) A provider shall comply with Federal audit requirements including the following:

(1) The Single Audit Act of 1984 (31 U.S.C.A. § § 7501—7507).

(2) The revised Office of Management and Budget Circular A-133.

(3) Section 74.26 of 45 CFR (relating to non-Federal audits).

(b) A provider which is required to receive a single audit or an audit in accordance with 45 CFR 74.26 shall comply with the audit requirements.

(c) The Department may request a provider to have the provider’s auditor perform an attestation engagement in accordance with any of the following:

(1) Government Auditing Standards issued by the Comptroller General of the United States or the Generally Accepted Government Auditing Standards.

(2) Standards issued by the Auditing Standards Board.

(3) Standards issued by the American Institute of Certified Public Accountants.

(4) Standards issued by the International Auditing and Assurance Standards Board.

(5) Standards issued by the Public Company Accounting Oversight Board.

(6) Standards of successor organizations to those organizations in paragraphs (1)—(5).

(d) The Department or the Department’s designee may perform an attestation engagement in accordance with subsection (c).

(e) The Department may request the provider’s auditor to conduct a performance audit in accordance with the standards in subsection (c).

(f) A provider which is not required to have an attestation agreement in compliance with the Single Audit Act of 1984 during the program year shall maintain auditable records in compliance with this section.

(g) The Department may perform a financial review of a provider.

(h) A provider shall maintain books, records and documents that support:

(1) The type, scope, amount, duration and frequency of service provision.

(2) The dates of service provision.

(3) The fees and reimbursements earned in accordance with Federal and State requirements.

(4) Compliance with the terms and conditions of service provision as outlined in this chapter.

(i) Electronic records are acceptable documentation provided they comply with § 52.15 (relating to provider records) and electronic records are accessible to the auditing agency.

(j) A provider shall make audit documentation available, upon request, to the authorized representatives of the Department or the Department’s designee.

(k) A provider shall retain books, records and documents for inspection, audit or reproduction for at least 5 years after the provider’s fiscal year-end.

(l) The provider shall retain books, records and documents related to the fiscal year for a time period greater than 5 years from the provider’s fiscal year-end if one of the following is applicable:

(1) The Department, Department’s designee or another State or Federal agency has unresolved questions regarding costs or activities.

(2) The books, records or documents are part of an ongoing investigation or legal action.

(3) Required by applicable State or Federal law.

(m) If a provider is completely or partially terminated, the records relating to the services terminated shall be preserved and made available for at least 5 years from the date of a resulting final settlement or termination of provider, whichever is longer.

(n) A provider shall retain records that relate to litigation of the settlement of claims arising out of performance or expenditures under a waiver or the Act 150 program to which an auditor has taken exception, until the litigation, claim or exceptions have reached final disposition or for a period of at least 5 years from the provider’s fiscal year-end, whichever is greater.

(o) The provider shall provide information listed under this section to the Department or Department’s designee upon request.