DEPARTMENTAL GRANT APPEALS BOARD
Department of Health and Human Services
SUBJECT: New York State Department of Social Services
Docket No. 87-14
Decision No. 851
DATE: March 23, 1987
DECISION
The New York State Department of Social Services (State) appealed
the
disallowance by the Health Care Financing Administration (HCFA)
of
$10,656 (out of a total disallowance of $42,967) in federal
financial
participation claimed by the State under Title XIX (Medicaid) of
the
Social Security Act (Act).
HCFA relied for the disallowance on section 1132 of the Act, and 45
CFR
95.7, which require that claims for expenditures made after
September
30, 1979 be filed within two years after the quarter in which
the
expenditures were made. HCFA also stated in the disallowance
letter
that none of the exceptions in 45 CFR 95.19 were applicable.
The expenditures claimed by the State were all made in the period
from
October 1, 1979 to June 30, 1984. The claims in question were not
filed
until September 4, 1986. 1/
The State requested the Board to issue a summary decision based upon
our
holding in New York State Department of Social Services, Decision
No.
521, March 6, 1984. The State repeated the arguments pertaining to
the
applicability of the relevant filing requirements which it had
put
forward in Board Docket Nos. 83-170 and 83-180, and which the Board
had
rejected in Decision No. 521. This appeal does not present any
material
issues of fact which distinguish it from Board Docket Nos. 83-170
and
83-180. The State submitted no new argument why Decision No. 521
was
wrong. The Agency stated that it had no objection to the issuance
of a
summary decision.
We conclude that the claims here are barred by statutory and
regulatory
requirements, and we sustain the disallowance of $10,656, based
on
Decision No. 521, which we incorporate herein.
________________________________
Judith
A. Ballard
________________________________
Donald
F. Garrett
________________________________
Alexander G. Teitz Presiding
Board
Member
1. The parties agreed that the statement in the third
paragraph of
the disallowance letter that the claims were filed on March 7,
1986 was
a typographical error, as was also the statement in one part of
the
acknowledgment letter that the amount appealed was