GAB Decision 702
November 18, 1985
New York State Department of Social Services; Board
Ballard, Judith A.; Garrett, Donald F. Teitz, Alexander G.
Docket No. 85-200
DECISION
The New York State Department of Social Services (State) appealed
the
disallowance by the Administration for Children, Youth and
Families,
Office of Human Development Services, of $60,778 in federal
financial
participation (FFP) claimed by the State under the Foster Care
program,
Title IV-E of the Social Security Act. The amount disallowed
was a
portion of an increasing adjustment of FFP, totalling $357,022, for
the
period October 1, 1981 - September 30, 1983, claimed on the
State's
revised Quarterly Statement of Expenditures dated June 27, 1985.
The $60,778 in dispute was claimed for quarters beginning October 1,
1981
and ending March 31, 1983. The disallowance stated that claims
for
fiscal year 1980 and after had to be filed within two years after
the
calendar quarter in which the State made the expenditures, as
required
by section 1132 of the Social Security Act, and 45 CFR 95.7, and
the
portion of the claim disallowed had not been filed within that time.
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, decided in New York State Department of
Social
Services, Decision No. 521, March 6, 1984. 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, and requested the
Board to
issue a summary decision based upon our holding in Decision No.
521.
The State submitted no new argument why Decision No. 521 was
wrong.
We conclude that the claim disallowed here is barred by statutory
and
regulatory filing requirements and sustain the disallowance of
$60,778
based on Decision No. 521, which we incorporate herein.
JANUARY 14, 1986