GAB Decision 675
July 25, 1985
New York State Department of Social Services;
Ballard, Judith A.; Teitz, Alexander G. Settle, Norval D. (John)
Docket No. 85-107
DECISION
New York appealed a decision of the Health Care Financing Administration
(HCFA) disallowing a claim of $618,619 which the State sought to retain,
on behalf of itself and county social service agencies, from third party
liability collections related to Medicaid. Sections 1903(p) and 1912 of
the Social Security Act authorize retention of 15% of certain
collections as an incentive measure.
The Board upheld similar disallowances in New York in Decisions 628 and
673. These decisions dealt with Board Docket Nos. 84-228 and 85-25. In
its Notice of Appeal filed here, New York said that "since the instant
case does not present any material issues of fact which distinguish it
from Board Docket Numbers 84-228 and 85-25, the New York State
Department of Social Services requests that the Board issue a summary
decision as to the $618,619 disallowance based upon its holding in
Decision No. 628." Decision 673 was issued after the Board received this
Notice of Appeal, and merely dealt with a remanded portion of the same
dispute covered in Docket Nos. 84-228 and 85-25 and Decision 628. See
New York's letter to the Board dated July 19, 1985.
HCFA did not object to the request for a summary decision.
Therefore, based on the analyses in Decisions 628 and 673, which we
incorporate here, we uphold the disallowance in this case.
OCTOBER 04, 1985