DEPARTMENTAL GRANT APPEALS BOARD
Department of Health and Human Services
SUBJECT: New York State Department of
Social Services
Docket No. 86-208
Decision No. 819
DATE: December 15, 1986
DECISION
The New York State Department of Social Services (State) appealed
the
disallowance by the Health Care Financing Administration (Agency)
of
$31,097 (out of a total disallowance of $110,445) in federal
financial
participation claimed by the State under Title XIX (Medicaid) of
the
Social Security Act (Act). The State did not specify in its notice
of
appeal whether the expenditures in the amount appealed were made
before,
or on and after, October 1, 1979.
The Agency relied, for the disallowance of the claims for
expenditures
made prior to October 1, 1979, on section 306(b) of Pub. L.
96-272, and
46 Fed. Reg. 3528 (January 15, 1981), which provided that claims
for
such expenditures had to be filed by May 15, 1981. For the claims
for
expenditures from October 1, 1979 forward, the Agency relied on
section
1132 of the Act and 45 CFR 95.7, which required that these claims
be
filed within two years after the calendar quarter in which the
state
agency made the expenditures. The Agency also stated in
the
disallowance that none of the exceptions in 45 CFR 95.19
were
applicable.
None of the expenditures were made later than March 31, 1984, and all
the
expenditures were claimed on a Quarterly Statement of Expenditures
dated June
6, 1986, which was in any event later than the filing
deadlines referred to
above.
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
rejected in Decision No. 521. The State admitted that 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.
We conclude that the claims of $31,097 disallowed here are barred
by
statutory and regulatory filing requirements and sustain
the
disallowance of this amount, based on Decision No. 521, which
we
incorporate herein.
________________________________
Judith
A. Ballard
________________________________
Donald
F. Garrett
________________________________
Alexander
G. Teitz
Presiding
Board