HARRY HUGHES, Governor

997

(2)  A PROVIDER FROM ANOTHER STATE;

(3)  A PROVIDER OF FAMILY DAY CARE FOR 6 OR FEWER
CHILDREN; OR

(4)  A FOSTER PARENT WITH WHOM A CHILD IS PLACED BY
THE SOCIAL SERVICES ADMINISTRATION.

(C)  EXAMINATION REQUIRED.

(1)  AFTER CONSULTATION WITH THE LEGISLATIVE AUDITOR,
THE HEAD OF EACH DEPARTMENT OR INDEPENDENT UNIT THAT CONTRACTS
WITH A PRIVATE PROVIDER FOR -CARE OF AN INDIVIDUAL IN A
NONGOVERNMENTAL FACILITY SHALL SPECIFY THE INTERVALS AND MANNER
OF EXAMINATION OF THE ACCOUNTS OF THE PRIVATE PROVIDER.

(2)  THE EXAMINATION SHALL DETERMINE WHETHER COSTS OF
CARE FOR WHICH THE PRIVATE PROVIDER HAS RECEIVED REIMBURSEMENT
ARE IN ACCORDANCE WITH THE GUIDELINES OF THE DEPARTMENT OR UNIT
FOR ALLOWABLE COSTS.

(D)  COSTS.

THE DEPARTMENT OR INDEPENDENT UNIT SHALL PAY FOR THE
EXAMINATION FROM THE APPROPRIATION TO THE DEPARTMENT OR
INDEPENDENT UNIT IN THE STATE BUDGET.

(E)  SELECTION OF ACCOUNTANT.

IF AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT IS TO EXAMINE
THE ACCOUNTS OF A PRIVATE PROVIDER, THE HEAD OF THE DEPARTMENT OR
INDEPENDENT UNIT SHALL CHOOSE THE ACCOUNTANT IN ACCORDANCE WITH A
PROCEDURE THAT THE LEGISLATIVE AUDITOR HAS REVIEWED.

(F)  ADJUSTMENTS OF ACCOUNTS.

(1)  WHENEVER AN EXAMINATION UNDER THIS SECTION SHOWS
THAT THE REIMBURSEMENT THAT A PROVIDER HAS RECEIVED DURING THE
PERIOD COVERED BY THE EXAMINATION EXCEEDS THE TOTAL ALLOWABLE
COSTS, THE DEPARTMENT OR INDEPENDENT UNIT SHALL COLLECT:

(I)  THE FULL AMOUNT OF THE EXCESS; OR

(II)  A LESSER AMOUNT IF THE DEPARTMENT OR
INDEPENDENT UNIT FINDS THAT THE COLLECTION OF THE FULL AMOUNT
WOULD IMPAIR SERIOUSLY THE FINANCIAL CONDITION OF THE PROVIDER.

(2)  WHENEVER AN EXAMINATION UNDER THIS SECTION SHOWS
THAT THE ALLOWABLE COSTS EXCEED THE REIMBURSEMENT THAT THE
PROVIDER HAS RECEIVED, THE DEPARTMENT OR INDEPENDENT UNIT SHALL
PAY TO THE PROVIDER THE DIFFERENCE BETWEEN THE REIMBURSEMENT AND
THE LESSER OF THE ALLOWABLE COSTS OR THE MAXIMUM RATE OF PAYMENT
AS PROVIDED IN THE STATE BUDGET.