Washington Department of Social and Health Services, DAB No. 632 (1985)

GAB Decision 632

March 28, 1985

Washington Department of Social and Health Services;
Settle, Norval D.; Teitz, Alexander G. Ballard, Judith A.
Docket No. 632


The Washington Department of Social and Health Services appealed a
decision by the Health Care Financing Administration disallowing
$1,090,994 in federal financial participation claimed under Title XIX of
the Social Security Act. Since it appeared that the issues raised by
this appeal had already been addressed by the Board in previous appeals
(including one by Washington), the Board issued an order directing the
State to show cause why the Board should not issue a summary decision
based on those previous decisions. The State requested that the Board
fully consider its appeal and stated four reasons why it believed that
the Board had decided the previous cases incorrectly. The Board granted
the State an opportunity to brief the issues raised, identifying a
number of specific questions the State should address in its brief.
Although the State was granted an extension of time for its brief, the
State never submitted one. When the Board inquired why, the State
indicated that it would submit a letter stating that it would rely on
its submissions in the previous appeal, but also failed to submit this
letter although reminded by the Board to do so. The Board determined to
proceed to decision based on the previous submissions, exercising Board
authority under 45 CFR 16.15 to take appropriate action where an
appellant fails to meet Board deadlines. This action is appropriate
since the State indicated that it would not submit further arguments,
but has already briefed the merits of the appeal. Accordingly, for the
reasons stated in Washington Department of Social Services, Decision No.
490, December 30, 1983, which we incorporate here, we uphold the
disallowance, subject to reduction under the terms stated there. See
also Joint Consideration: IMD/Admission Discharge Issue, Decision No.
436, May 31, 1983; Decision No. 535, May 9, 1984.

JUNE 06, 1985