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     TEXAS DEPARTMENT OF AGRICULTURE
                                           TODD STAPLES
                                              COMMISSIONER


    September 20, 2011


    Overcomers Serving People (OSP) Fund
    Attn: Mr. Bruce Carter
    P.O. Box 1834
    DeSoto, Texas 75123

    Certified Mail Nwnber: 91 71082133393915606300          Return Receipt Requested,
    First-Class Mail and Via E-mail to. bccmotivatendrcraol.corn

    RE: Summer Food Service Program - Validation of July 2011 Claim

    Dear Mr. Carter:

    The Texas Department of Agriculture (TDA) completed the validation process of your organization's July
    2011 claim submitted to us on August 24, 20 II. and August 29,2011. Of the 53,338 meals claimed on
    form H1532 (Claim for Reimbursement), 40,163 were validated by the documentation submitted by OSP
    Fund. The valid portion of your organization's claim equals $108,249.61. This claim was submitted to
    Business Operations for processing on September 20, 2011. Please remember that all claims tor
    reimbursement will be applied to the repayment of the advance received by OSP Fund in the amount of
    $250.000. The remaining debt for OSP Fund, after crediting this claim is $74,953.39

    In validating the supporting documentation for the H1532 (Claim for Reimbursement), TDA identified a
    few non-compliances that are detailed below.

    Non-Compliance     #1: Meal Count Accuracy - Open Sites/Enrolled      Camps

    The sites listed in the chart immediately following were approved by IDA to operate both as an open site
    and an enrolled camp. However. OSP Fund only submitted meal count records that meet the open site
    requirements. Therefore, all claim docwnentation was reviewed per federal regulation regarding open
    sites. For the sites below only two (2) meal types, Breakfast and Lunch, were requested in OSP Fund's
    application and approved by TDA. OSP Fund's H1532 (Claim for Reimbursement) records meal counts
    for breakfast. lunch, and supper.

    Since OSP Fund only submitted meal counts as required for open sites, IDA can only validate the meal
    counts per open site regulations. Meals counted/claimed in excess of the approved and allowable meal
    types cannot be reimbursed. The chart below details the sites and suppers that have been deducted from
    the claim for reimbursement.




                  P.O. Box 12847   Ausrin, Texas 78711   (512) 463-7476   Fax: (888) 223-8861
                                                                                                       EXHIBIT

                                                                                                 I f -(C6
                                            www.TexasAgriculnue.gov
,   "




        SFSP July Manual Claim Submission Validation
        asp Fund
        September 20, 2011
        Page 2 of6




        Brownsville Recreation Center                          701
        Oliveira Park                                          939
        Boys & Girls Club of Benito                            2052
        Cameron Park                                           674
        Gonzales Park                                          1804

        Non-compliance    #2: Enrolled Camp Sites - Eligibility Documents Missing

        asp Fund     was approved to operate the sites in the chart immediately following as only enrolled camps
        but did not submit the required H 1531 Child Nutrition Program Applications to provide verification of the
        eligibility of the meals counted/claimed. True Vine submitted two (2) sets of meal counts. One set of meal
        count records met the documentation requirement for an enrolled camp, which documented 109
        breakfasts, 109 lunches, and 109 suppers were served to enrolled children. The other set of meal counts
        documented 810 breakfasts and 855 lunches were served. However, since eligibility forms are a federal
        requirement for enrolled camps, claims may not be paid without them.

        In summary, asp Fund did not submit the federally required HI531 Child Nutrition Program
        Applications for enrolled participants in the sites identified below and IDA was not able to validate the
        eligibility of the meals counted/claimed. Therefore, all meals counted/claimed cannot be reimbursed. The
        chart below details the sites and meals that are being deducted from the claim for reimbursement.

        ,S'U    ,.,~~                                                                                       ••. 'l.?-"'l-



        DeSoto Assembly of                                                                   No count/claim
        God                                                                                  submitted
        True Vine               919                            964                           109
        Browne                  245                            386                           264
        ParklBenevides
        Communi      Center

        Non-compliance    #3: Enrolled Camp Sites - Insufficient Meal Eligibility Documentation

        asp Fund     was approved to operate the sites listed in the chart immediately following as enrolled camps.
        USDA's Summer Food Service Program, 2011 Administrative Guidance for Sponsors states, "Camp
        reimbursements are based on the number of children served who are eligible for free or reduced-priced
        meals. Sponsors of camps must maintain the documentation that demonstrates the free or reduced-price
        eligibility of the children they claim reimbursement for and must make it available for review by the State
        Agency ." Although asp Fund submitted H 1531 Child Nutrition Program Applications, no documentation
        was submitted to support the actual number of eligible children in attendance daily at each meal service,
        In addition, the meal counts submitted did not identify the number of meals served by category. The meal
        counts submitted by asp Fund were recorded on a form used for open sites. TDA did not receive any
        meal counts by child or on a camp worksheet meal count form,
SFSP July Manual Claim Submission Validation
asp Fund
September 20,2011
Page3 of6



In summary, asp Fund did not submit sufficient documentation to support claim reimbursement for
meals served to eligible enrolled children at the camps below, therefore TDA cannot reimburse for meals
claimed. The chart below details the sites and meals that are being deducted from the claim for
reimbursement.


                          7    slme.            2                                     23    51 mea   2·n   mea



Non-compliance      #4: EnroDed Camp Operating       also as Unapproved   Open Site

OSP Fund was approved to operate the following sites as enrolled camps only. However, two (2) sets of
meals counts were submitted. One set of meal counts was for the enrolled sites and included counts by
child. The other set of meal counts was tor an open site operation. USDA's Summer Food Service
Program, 20 IIAdministrative Guidance tor Sponsors states, "Generally, sponsors may add sites to their
program at any time during the approved operational period. However, the sponsor must provide the
State agency with all the necessary information on each additional site and to receive approval before
serving and claiming meals at the new sitets) ." The sites in the chart below were not approved by IDA
for operation as an open site. Therefore, per federal regulations, TDA cannot reimburse for meals claimed
for unapproved open site operations.

In summary, asp Fund did not have prior TDA approval for the sites listed below to operate. The chart
below details the sites and meals that are being deducted from the claim tor reimbursement.

sf ....                           .   "   .'~




Brownsville Sports                                                                    144
Park

Non-compliance      #5: Participant!l Not Eligible

asp Fund was approved to operate the following sites as enrolled camps only. However, upon validation
of the H1531 Child Nutrition Program Applications, TDA found that meals were counted and claimed for
participants that were not eligible for Free or Reduced priced meals. USDA's Summer Food Service
Program, 2011 Administrative Guidance for Sponsors Slates, "Camps are reimbursed onlyfor those
enrolled children who meet the free and/or reduced price eligibility standards .•• Therefore per federal
regulations, TDA cannot reimburse for meals claimed for ineligible children.

In summary, OSP Fund submitted claims for children who were not eligible. The chart below details the
sites and meals that are being deducted from the claim for reimbursement.



Brownsville Sports        10                            20                            10
Park
Brownsville               75                            110                           100
Recreation Center
'.

      SFSP July Manual Claim Submission Validation
      asp Fund
      September 20, 20 I 1
      Page 4 of6


      Non-compliance                  #6: Open Sites claiming over approved average daily participation                                                    (ADP)

      asp Fund was approved to operate each of the following sites with a specific ADP. The ADP as required
      on asp Fund's site application represents the nwnber of children the site anticipates serving at meal
      service. TDA approved the ADP for each site as the approved level for meal service. USDA's Summer
      Food Service Program, 2011 Administrative Guidance for Sponsors states, "Sponsors may claim
      reimbursement only for those meals that meet SFSP
      requirements. Reimbursement may not be claimed for: meals in excess of the site's approved level of meal
      service ." Additionally, FNS - Instruction 796-4 Rev. 4 Financial Management XU B3b (2)(a)
      specifically states "unallowable meals include: meals served in excess of approved meal service level ...
      Therefore per federal regulations, TDA cannot reimburse for meals claimed in excess of the approved
      ADP.
     1,--,··.··                                                         "~-·····~li.:!>IIi>'j\--;-.,:,'j:":'1:    -.f'··-                                                       .$"'.,;--....~
       ~. >"~:::;;-.' ...~~:>
                  ;"N'.. ;.,.:·--.~    .. "I"'''1~'''''''\'''~':'''c-              "                                        .c-s» ~';."'~-~"_"'C"':~ •.:-.'!<T.   •• .>< •• ,

                                               ..!t:~·:~:~:': ~.;~~~ ~~.""".~.' :'~'..:~.:': ..
                                    .·,.,~:·i~\~.:·;~~·~;. ~~.~' '.} ~~~~: .~'~.:).
                            .G;~~:.;:{':        :
      London ViDa Apts                        100                           642                                       550                             No count/claim
                                                                                                                                                      submitted
      Plantation          Apts                100                           315                                       272                             No count/claim
                                                                                                                                                      submitted
      Royal Oaks Apts                         100                           352                                       281                             No count/claim
                                                                                                                                                      submitted
      Villa Creek                             100                           553                                       590                             No count/claim
                                                                                                                                                      submitted

      Summary of July 2011 Validated Meal Counts for OSP Fund

      IDA validated the following number of meals minus disallowances for July 2011.




       Breakfast                  128                 o                   85                    o                1862             o                 16865                          117
        Lunch                     272                52                   130                   o                1693             o                 22504                          170
        Su er                     144                 o                   110                   o                 o               o                                                 o
"




    SFSP July Manual Claim Submission Validation
    asp   Fund
    September 20, 20II
    Page 5 of6




    Note: Validated claim numbers were calculated by subtracting the numbers in the "Disallowances"
    column from the numbers in the "CE Documents Supporting Claims" column. All numbers are derived
    from the documents submitted by OSP Fund to support the H1532 Claim for Reimbursement form
    submitted by OSP Fund on 8/24/2011.

    APPEAL RIGHTS

    You have the right to appeal TDA adverse actions that affect your claims for reimbursement or your
    participation in the program. Requests for an appeal must be received by IDA within 10 days of receipt
    of notification of an adverse action. The appeal must:

          •   Be in writing
          •   State the basis for the appeal of the adverse action
          •   Include a legible copy of the adverse action letter

    If you wish to have an in-person hearing, you must request a hearing at the time you file your written
    appeal. If you do not include a written hearing request in your appeal, you waive the right to a hearing and
    the appeal will be decided upon review of the documents in the record, unless the Administrative Review
    Official (ARO) determines that the failure to make a timely request was due to circumstances beyond the
    control of the appellant.

                                        Your appeal must be mailed or faxed to:




                                     FOOD AND NUfRmON APPEALS
                                  TEXAS DEPARTMENT OF AGRICULTURE
                                           LEGAL DIVISION
                                         ATTN:DOCKETCLERK
                                             POBOX 12847
                                          AUSTIN TEXAS 78711
                                           FAX (800) 909-8520

    You may hand-deliver or submit your appeal via overnight/special delivery service to the following street
    address:

                                   TEXAS DEPARTMENT OF AGRICULTURE
                                             LEGAL DIVISION
                                    1700 NORm CONGRESS, 11TH FLOOR
                                               AUSTIN TEXAS 78701

    The rules regarding the appeal procedures for SFSP are found in Title 4 of the Texas Administrative Code
    Sections 1.1 010 and 1.10 11 (see attached).

    Note: Documentation you wish to have considered for your appeal must be submitted to the address
    above within seven (7) days after submitting the request for administrative review. You can submit the
    documentation with your request for an appeal, or separately.
 SFSP July Manual Claim Submission Validation
 asp Fund
 September 20, 2011
 Page 6 of6




 If you have any appeal-related questions or wish to confirm receipt of your appeal request, you may
 contact the Legal Division at (512) 463-4075.

 AdditionaUy, please remember to be considered for reimbursement federal regulations require aU
 revisions and supporting documentation to July claims be submitted by September 29,2011, and aU
 revisions and supporting documentation for August claims be submitted by October 30,2011.

 Sincerely,



~-
 Michael Russett
 Director Community Operations
 Food and Nutrition

 MR/HDB/py

 Enclosure: Title 4 of the Texas Administrative Code Sections 1.10 I0 and 1.10 11

				
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