understanding omb compliance supplement addendum · 2021. 2. 3. · hhs – 93.914 – hiv...
TRANSCRIPT
Understanding OMB Compliance Supplement Addendum
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Kris Nixon, CPA
Kris has over 20 years experience in the Tribal auditing world.
This experience includes work with various Tribal entities and their Governments.
Partner, Stauffer & Associates PLLCP. (509) 344.3200 E. [email protected]
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COVID-19 ImplicationsTribes received funding from various sources related to COVID◦ Should track down the source of the funding, find out the requirements◦ Tool to help find the source of the funding:◦ https://beta.sam.gov/
On the SEFA, recipients are required to note the COVID-19 assistance on the separate line
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Single AuditWhen are single audits due?◦ September 30, 2019 – Due December 31, 2020◦ December 31, 2019 – Due December 31, 2020◦ March 31, 2020 – Due March 31, 2021 (if received COVID funding)◦ June 30, 2020 – Due June 30, 2021 (if received COVID funding)◦ September 30, 2020 – Due September 30, 2021 (if received COVID funding)◦ December 31, 2020 – Due September 30, 2021 (normal due date)
This does not change requirements of your debt agreements or other deadlines. Have a conversation with those entities.
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COVID-19 ImplicationsFrom Clearinghouse:◦ No further action is required to enact this extension. Individual recipients and
subrecipients are required to maintain documentation of the reason for the delay, and are requested to include a reference to the memorandum in their audit reporting packages so that Federal agencies and pass-through entities are informed.
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PROGRAMS COVERED BY ADDENDUMUSDA – 10.001 – Programs Impacted by COVID Wavers
HUD – 14.862 – Indian Community Development Block Grant Program
DOJ – 16.034 – Coronavirus Emergency Supplemental Funding
DOT – 20.218 – Motor Carrier Safety Assistance Program (New Cluster)
Treasury Department – 21.109 Coronavirus Relief Fund
FCC – 32.006 – COVID-19 Telehealth Program
Education – 84.425 – ESF Education Stabilization Fund Under CARES Act
84.425 - HEERF Education Stabilization Fund Under CARES Act
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PROGRAMS COVERED BY ADDENDUMHHS – 93.153 – Coordinated Services for WIC
HHS – 94.361 – COVID-19 Testing for the Uninsured
HHS – 93.498 – Provider Relief Fund
HHS – 93.914 – HIV Emergency Relief Project Grants
HHS – 93.917 – HIV Care Formula Grants
HHS – 93.918 – Grants to Provide Outpatient Early Intervention Services with Respect to HIV Disease
Student Financial Assistance – Update for this Cluster
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COVID-19 ImplicationsFrom Compliance Supplement:
Not all COVID funding is in the compliance supplementObtain grant paperwork on all new funding◦ Outlines terms and conditions of funding◦ Can change the terms of current non COVID programs
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COVID-19 ImplicationsFunds passed through to sub-recipients, requirements are to:◦ Identify each subrecipient◦ Document at the time of subaward and at the time of disbursement:◦ The federal award number◦ CFDA number◦ Amount of COVID-19 funds
Subrecipients are subject to the single audit
Subrecipient vs beneficiary
NAFOA Letter from Treasury Department
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Allowability of CostsPrior Approval◦ Agencies are authorized to waive prior approval requirements necessary to
address the COVID response◦ All costs must be consistent with guidelines, other than as outlined in
memorandum M-20-17, expired in June and replaced with M-20-26
Awarding agencies may allow wages charged to programs consistent with policies of entity under extraordinary circumstances
Many grants have published program guidance◦ Google Search
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Allowability of CostsPPP and other funding◦ Cannot charge costs that were included in PPP or other funding to
federal award programs (cannot “double dip”)
Ensure to maintain appropriate records and cost documentation
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Steven A. Jarvis, CPA, MBA
Steven has 11 years of professional experience and has worked with Tribes across the country
Assurance Director, State, Local and Tribal GovernmentsCliftonLarsonAllen LLP (CLA)(509) [email protected]
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Coronavirus Relief Funds (CRF)$150 billion for the Coronavirus Relief Fund◦ Administered by U.S. Department of Treasury◦ $8 billion reserved for tribes◦ Remaining went to states and territories
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Interpreting the Guidance for CRFTitle VI – Coronavirus Relief Fund, CARES Act
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress with overwhelming, bipartisan support and signed into law by President Trump on March 27th, 2020.
Title VI – Coronavirus Relief Funda. Appropriationb. Authority to make paymentsc. Payment amountsd. Use of fundse. Certificationf. Inspector General oversight, recoupmentg. Definitions
Guidance for State, Territorial, Local, and Tribal Governments
Document created by U.S. Treasury.
The purpose of this document is to provide guidance to recipients of the Coronavirus Relief Fund (the “Fund”)
Frequently Asked Questions (FAQ)
The answers to frequently asked questions supplement Treasury’s Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments.Amounts paid from the Fund are subject to the restrictionsoutlined in the Guidance and the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”).
Federal Register
As of 1/15/21, Guidance and FAQs published in the Federal Register at CRF-Guidance-Federal-Register_2021-00827.pdf (treasury.gov)
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Use of Funds Under Title VI, CRF – The CARES Act
Costs are necessary expenditures incurred due to the public health emergency with respect to the
Coronavirus Disease 2019 (COVID–19)
Cost were not accounted for in the budget most recently approved as of March 27, 2020 for the
State or government
Cost were incurred during the period that begins on March 1, 2020, and ends on December 31,
2020 2021
Governments shall use the funds to cover only those costs of the state, tribal government, or unit of local government that meeting all three
(3) requirements.
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Compliance Visual
COVID-19
TimeframeBudget
• Every program, transaction, and “use idea” should be analyzed and documented for compliance with these requirements.
• Imprudent application of these concepts could result in a debt to the Federal government.
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Necessary Expenditures Incurred Due to Public Health EmergencyDue to Public Health◦ For actions taken to respond to emergency◦ Direct, or◦ Second-order effects such as economic support for employment and business interruptions
Necessary◦ Reasonably necessary as determined by the reasonable judgement of
government official responsible for spending
Revenue replacement is not permissible.
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Necessary COVID-19 Expenditures
The Guidance provides a listing of generalized eligible expenditures and ineligible expenditures.
This listing is suggestive of use of funds. This list does not consider the budget and timeframe of the expenditures.
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Coronavirus Relief Funds (CRF) –Eligible Expenditures
Medical
Medical facilities
Testing
Telemedicine
Public Health
PPE
Safety measures
Technical assistance
Disinfection
Communication
Payroll
Public safety
Public health
Health care
Human service
Others similar substantially dedicated to COVID-19
emergency
Facilitate Compliance with Public Health
Measures
Food delivery
Distance learning
Telework capabilities
Sick pay and family pay
Prisons and jails
Homeless populations
Economic Support
Grants to small businesses
Payroll support
Unemployment insurances
Other
Other Reasonably necessary expenses related to COVID-19
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Coronavirus Relief Funds (CRF) –Ineligible Expenditures
Expenses for the State share of Medicaid.
Replacement of lost revenues, including property tax relief.
Payroll or benefits expenses for employees whose work duties are
not substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.
Expenses that have been or will be reimbursed under any federal
program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds.
Reimbursement to donors for donated items or services.
Workforce bonuses other than hazard pay or overtime. Severance pay or legal settlements Damages covered by insurance.
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Cost Not Accounted for in the BudgetCRF payments use only to cover cost not accounted for in the most recently approved budget as of March 27, 2020◦ i.e. cost you did not consider when preparing your budget◦ i.e. if were going to spend the dollars anyway, not those costs.
(referred to Supplement Not Supplant)
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If the Costs are Budgeted and …The cost cannot lawfully be funded using a line item, allotment, or allocation within that budget OR
The cost is a substantially different use from any expected use of funds in such a line item, allotment, or allocation.
Note that a public function does not become a ‘‘substantially different use’’ merely because it is provided from a different location or through a different manner.
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Corrine Wilson, CPA, PrincipalOver 30 years combined experience in Public Accounting and CFO for Tribes and their entities, former NAFOA Board member and NAFOA GASAC representative.
National Tribal Practice Leader REDW(602) [email protected]
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COVID-19 Provider Relief Funds
Provider Relief Fund ($175B)Federal Agency: DHHSDistributions to For-profits, NFP’s, Governmental EntitiesSubject to Single AuditCFDA 93.498 – Provider Relief Funds◦2020 OMB Compliance Supplement Addendum
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Provider Relief FundGeneral Distributions
-Initial Medicare Distribution
-Additional Medicare Distribution
-Medicaid, Dental, & CHIP Distribution
Targeted Distributions
-High-Impact Area Distribution
-Rural Distribution
-Skilled Nursing Facilities Distribution
-Indian Health Services Distribution – May 29, 2020 Allocated $500M to 300 I/T/U facilities
-Safety Net Hospital Distribution
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Selected Items from I.H.S. Relief FundTerms and Conditions
Indian Health Service Distribution -https://www.hhs.gov/sites/default/files/terms-and-conditions-indian-health-service-relieffund.pdf
Recipient certifies that it provides or provided after 1/31/2020 diagnoses, testing, or care for possible or actual COVID-19 casesNot currently terminated from participation in Medicare or precluded from receiving payment from Medicare Advantage or Part DNot currently excluded from participation in Medicare, Medicaid, and other Federal HC programsBilling privileges in good standing
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Selected Items from I.H.S. Relief FundTerms and Conditions (continued)
Recipient certifies that the payment will only be used to prevent, prepare for, and respond to Coronavirus
Payment will reimburse recipient only for health care related expenses or lost revenue that are attributable to Coronavirus.◦ Recipient must certify that it will not use the payment to reimburse expenses or
losses that have been reimbursed from other sources or that other sources are obligated to reimburse.
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Selected Items from I.H.S. Relief FundTerms and Conditions (continued)
Recipient consents to the HHS publicly disclosing the payment that recipient may receive from the PRF.◦ This disclosure may allow some third parties to estimate the gross receipts or sales, program
service revenue, or other equivalent information.
Recipient must maintain records and cost documentation as described in:◦ 45 CFR Section 75.302 – Financial management and ◦ 45 CFR Sections 75.361-75.365 – Record Retention and Access
Recipient must allow cooperation in all audits the Secretary, Inspector General, or Pandemic Response Accountability Committee conducts to ensure compliance with terms and conditions.
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PRF Allowable Expenses
According to the U.S. DHHS qualifying costs must be “health care related expenses attributable to coronavirus.” Examples include:
oSupplies & equipment used to provide healthcare services for COVID-19 patients (possible or actual)
oPersonnel or workforce training regarding COVID-19-related standards and practices
oExpenses for developing and staffing emergency operation and testing centers
oThe cost of reporting COVID-19 test results to federal, state or local governments
oConstructing temporary structures to expand capacity for COVID-19 patient care
oHousing or treating patients in separate areas from COVID-19 patients
oFacilities, practices, staffing and technology related to COVID-19
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PRF Allowable ExpensesThese funds may not be used to reimburse expenses or losses that have been reimbursed from other sources or that other sources are obligated to reimburse.
Funds to be expended no later than June 30, 2021.
DHHS to publish how to return any unused funds.
Funds used for expenditures, lost revenues, or combinations thereof.
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Accounting ConsiderationsGovernmental Entities - GASB
GASB 33, Non-exchange Transactions
Most likely include in non-operating revenue
https://www.gasb.org/jsp/GASB/Document_C/DocumentPage?cid=1176174735840&acceptedDisclaimer=true
Not-For-Profit Entities - FASB
ASC 958-605
If conditions are deemed present, release from liability as conditions are met
Consider treatment for net assets with donor restriction
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Lost Revenue Calculations - PRFCan be calculated using any reasonable method◦ Budget to actual – (2020 budget approved prior to 3/27/20)◦ Year to year or quarter to quarter change
Include revenues from all sources that can be attributed to COVID-19◦ Cancelled elective surgeries/procedures◦ Fewer outpatient visits
Awaiting HHS guidance on lost revenue calculations for 2021
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PRF ReportingThe reporting system was available to recipients to register on January 15, 2021.DHHS will email/notify the due dates to report expenditures through the period ending December 31, 2020 after registration.DHHS will announce reporting date(s) for funds expended after December 31, 2020 through June 30, 2021.Detailed PRF reporting can be found at the below link and on the next slide. https://www.hhs.gov/coronavirus/cares-act-provider-relief-fund/reporting-auditing/index.html.Planned notice on OMB’s website for reporting for FYE’s > 12.31.20 in February, 2021, https://www.whitehouse.gov/omb/office-federal-financial-management/.
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DHHS Reporting RequirementsReporting Guidance on Use of Funds Recipients will report their use of PRF payments using their normal method of accounting (cash or accrual basis), by submitting the following information: ◦ 1. Healthcare related expenses attributable to coronavirus that another
source has not reimbursed and is not obligated to reimburse, which may include General and Administrative (G&A) or healthcare related operating expenses (further defined within the data elements section below).
◦ 2. PRF payment amounts not fully expended on healthcare related expenses attributable to coronavirus are then applied to patient care lost revenues. Recipients may apply PRF payments toward lost revenue, up to the amount of the difference between their 2019 and 2020 actual patient care revenue.
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Reported in Audit & SEFAFiscal Year Ending SEFA Inclusion
CFDA No. 93.4908How SEFA Amounts are Calculated Other Information
< 12/30/20 Not included - 0 - Report 2020 expenditures & lost revenue in 2021 audit
12/31/20 2020 Expenditures & lost Revenues
Based on 12/31/20 amounts reported to HHS
SEFA reflects & discloses amounts per calendar year 12/31/20 PRF report
>12/31/20 to 6/29/21 2020 Expenditures & lost Revenues
Based on 12/31/20 amounts reported to HHS
SEFA reflects & disclosed amounts per 12/31/20 PRF report
6/30/21 & After ? ? 2021 OMB Supplement to provide guidance
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New SEFA Disclosure - PPEThe SEFA will have to include a footnote with an amount of donated Personal Protective Equipment (PPE) from federal assistance◦ Can be marked unaudited◦ Information related to audit due dates and treatment of donated PPE
can be found in Part 8, Appendix 7 of Addendum to Compliance Supplement.
For <12/31/2020 FYE and FYE 1/1/2021 to 6/29/2021: Disclose that SEFA amounts are based upon the 12/31/20 PRF report.
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Provider Relief Fund ResourcesFAQ’s -https://www.hhs.gov/sites/default/files/provider-relief-fund-general-distribution-faqs.pdfDHHS Provider Relief Fund Info -https://www.hhs.gov/coronavirus/cares-act-provider-relief-fund/index.html
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Tasha N. Repp, CPATasha has approximately 25 years of professional experience working with Tribes and is a citizen of the Samish Indian Nation
Partner and Tribal & Gaming National Practice LeaderMoss Adams LLPP. (360) 685.2246 E. [email protected]
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2020 OMB Compliance Supplement Addendum ChangesIndian Community Development Block Grant (CFDA 14.862)◦ Added specific information for the imminent threat grants awarded under the CARES Act◦ Provides guidance on relevant regulations and PIH notices issued that provided waivers or
alternatives requirements to existing guidance◦ Provides resources to understand how the CDC’s eviction moratorium applies to HUD/ONAP
programs◦ Provides additional guidance on allowed activities related to preventing, preparing and
responding to COVID-19◦ Clarifies that costs could be incurred prior to the award if they meet the above allowable
activity criteria if they were incurred after January 21, 2020.
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2020 OMB Compliance Supplement Addendum ChangesFederal Funding Accountability and Transparency Act reporting (FFATA)◦ For audits of September 30, 2020 financial statements, auditors are required to test FFATA
reporting for only the COVID programs listed in the addendum, excluding Treasury CRF program and where Reporting was considered subject to audit in the Part 2 Matrix.
◦ For audits of periods ending after September 30 (i.e. December 31, 2020 year ends) auditors should plan to test FFATA reporting for all applicable programs.
Tribes will need to closely review the terms and conditions of grant awards to determine whether any of their grants require reporting under FFATA
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FFATA – What Reporting is Required?Prime or Direct Recipients of Federal Grant Awards are required to report subawards of $25,000 or more ◦ If you report pass-through awards to sub-recipients on your SEFA you’ll want to evaluate
whether this reporting requirement applies
Prime or Direct Recipients of Federal Contracts are required to report subcontracts of $25,000 or more◦ Currently reporting of subcontracts only applies to federal contracts (not federal grant
awards) but they are looking to expand this reporting requirement to all awards over time)
Reporting is required on a monthly basis through the FFATA Subaward Reporting System (FSRS) in the monthly following the award to a sub-recipient or sub-contractor
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FFATA – What Reporting is Required?There may also be some required annual reporting on executive compensation, but it won’t apply to most Tribes as reporting this information is only required if, in the preceding year the entity:◦ 1) Received 80% or more of its annual gross revenues from Federal Awards
AND
◦ 2) Annual gross revenues from Federal Awards exceeded $25,000,000
Note: Auditors are not required to audit compliance with this requirement
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Revisions to Uniform Guidance
The revisions were issued on August 13, 2020 and generally effective for awards issued after November 12, 2020, with a few exceptions
The revisions have been incorporated into guidance published at 2 CFR 200 ◦ You can always find the most updated version by looking at ecfr.gov
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Revisions to Uniform Guidance – New Guidance
Never Contract With the Enemy (2 CFR 200.215) – Clarifies that 2 CFR Part 183 applies to federal awards over $50,000 where there is working being contracted or performed outside of the United States
Prohibition on Certain Telecommunications and Video Surveillance Services of Equipment (2 CFR 200.216 and 200.471) – Prohibits contracting for telecommunications equipment, services or systems produced by certain corporations and their affiliates (Huawei ban). This section is one of the sections effective as of August 13, 2020.
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Revisions to Uniform Guidance – Revised or Amended Guidance
Performance Measurements (2 CFR 200.211(a)) – Continues to increase federal agency focus on developing performance measurements to drive program accomplishments and effectiveness. Where appropriate, you’ll see awards adopt more specific program goals, indicators, targets, baseline data, data collection, expected outcomes and timelines for accomplishments.
Budget Period (2 CFR 200.308 and 200.403(h)) – Adds language to define budget period in addition to the existing guidance around period of performance. Clarifies that for a cost to be allowable it must be incurred within both the correct budget period and overall period of performance and clarifies that written approval by the agency must be obtained to carryforward unobligated balances from one budget period to another.
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Revisions to Uniform Guidance – Revised or Amended Guidance
Procurement – Several revisions here◦ Codifies the increase in the micro-purchase threshold to $10,000 and the simplified acquisition threshold to
$250,000◦ Micro-purchases (2 CFR 200.320) –
◦ Clarifies that the Tribe is responsible for determining and documenting a micro-purchase threshold based on internal controls, an evaluation of risk and its documented procurement procedures.
◦ Allows for an increase of the micro-purchase threshold for up to $50,000 if the entity meetings certain criteria that is evaluated annually or may be over $50,000 if approved by cognizant agency for indirect
◦ Domestic Preference (2 CFR 200.344) revises that you should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or material produced in the United States and must include this requirement in all contracts and purchase orders
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Revisions to Uniform Guidance – Revised or Amended Guidance
Closeout Procedures(2 CFR 200.344) – Extends the timeline to liquidate obligations to 120 days after the period of performance and extends dates for final financial and performance close out reports to 120 days.
Indirect Cost Rates (2 CFR 200.414) –◦ Increased flexibility for the use of the 10% de minimis rate, but notes Tribes are not eligible◦ Require most entities to make their indirect cost rate agreement publicly available, but exempts Tribes from this
requirement
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GASB – Tribal Working Group Update
oWhat is the Working Group?
oUpdate on Activities
oNext Meeting Scheduled for June 29th
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Samuel T. Owl Jr., CPA, CGMA
Sam over 18 years of professional experience and is a member of the Eastern Band of Cherokee Indians.
Principal, National Tribal Services LeaderCliftonLarsonAllen LLP (CLA)(571) 227- [email protected]
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GASB Statement No. 95, Postponement of the Effective Dates of Certain Authoritative Guidance
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Group 1: Postponed one year.• Many of these previously
implemented.
Group 2: Postponed 18 months.
GASB Statement No. 95: Postponed 1 year
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Statement No. 83, Certain Asset Retirement Obligations
Statement No. 84, Fiduciary Activities
Statement No. 88, Certain Disclosures Related to Debt, including Direct Borrowings and Direct Placements
Statement No. 89, Accounting for Interest Cost Incurred before the End of a Construction Period
Statement No. 90, Majority Equity Interests
Statement No. 91, Conduit Debt Obligations
Statement No. 92, Omnibus 2020
Statement No. 93, Replacement of Interbank Offered Rates
Implementation Guide No. 2017-3, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions (and Certain Issues Related to OPEB Plan Reporting)
Implementation Guide No. 2018-1, Implementation Guidance Update—2018
Implementation Guide No. 2019-1, Implementation Guidance Update—2019
Implementation Guide No. 2019-2, Fiduciary Activities
GASB Statement No 95: Postponed 18 Months
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GASB Statement No. 87, Leases
Implementation Guide No. 2019-03, Leases
Earlier application is encouraged and
permitted to extent specified in each pronouncement.
New Effective Dates
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GASB 87, Leases, and Implementation Guide 2019-03
Periods beginning after June 15, 2021 (FYE June 30, 2022)
GASB 84, Fiduciary Activities, and Implementation Guide 2019-02
Periods beginning after December 31, 2019. (FYE June 30, 2021)
IMPORTANT NOTE: COMPONENT UNITS SHOULD UNDERSTAND HOW PRIMARY GOVERNMENT
INTENDS TO PROCEED.
Recently Issued GASB Statements
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GASB Statement No. 94, Public-Private and Public-Public Partnerships and
Availability Payment Arrangements
GASB Statement No. 96, Subscription-Based
Information Technology Arrangements
GASB 97, Certain Component Unit Criteria, and Accounting and Financial Reporting for
Internal Revenue Code Section 457 Deferred Compensation Plans
Upcoming GASB Activity
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Current Projects
Conceptual Framework –
Disclosure Framework
(Exposure Draft comment
period)
Conceptual Framework –Recognition
(Exposure Draft)
Financial Reporting Model (Exposure Draft)
Revenue and Expense
Recognition (Preliminary
Views)
Certain Component Unit
Criteria, and Accounting and
Financial Reporting For Section 457
Plans (Exposure Draft
Redeliberations)
Compensated Absences –
Reexamination of Statement 16
(Initial Deliberations)
Prior Period Adjustments, Accounting
Changes, and Error
Corrections –Reexamination
of Statement 62 (Initial
Deliberations)
Subscription-Based
Information Technology
Arrangements (Final
Pronouncement Expected any
day now!)
Upcoming GASB Activity
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Pre-Agenda
Research
• Going Concern Disclosures
• Capital Assets• Investment fees• Interim Financial
Reporting
Questions?
Thank you all for attending today’s webinar!
To stay up to date with COVID-19 resources check NAFOA’s COVID-19 Resource Page regularly for updates:
https://nafoa.org/coronavirus
Panelist Contacts:
Kris Nixon: [email protected]
Steven Jarvis: [email protected]
Corrine Wilson: [email protected]
Tasha Repp: [email protected]
Sam Owl: [email protected]
There are 3 ways to ask:
-The chat box
-The question box
-The raise your hand function
*On a phone press *9 to raise your hand and *6 to unmute
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