GAB Decision 636
April 2, 1985
New York State Department of Social Services;
Ballard, Judith G.; Garrett, Donald F. Teitz, Alexander G.
Docket No. 85-4
The New York State Department of Social Services (State) appealed the
disallowance of $283,024 in federal financial participation (FFP) by the
Health Care Financing Administration. The disallowance was based on the
Quarterly Statement of Expenditures dated August 31, 1984, submitted by
the State for the quarter ended June 30, 1984, which included increasing
adjustments for local district supplemental claims and State audit
adjustments relating to prior periods. The grounds for the disallowance
were that the claims were unallowable because they were not filed within
the limitations for timely filing of claims in certain statutes and
regulations. The disallowance letter stated that $68,942 FFP pertained
to FY 1979 and prior periods and therefore claims for this amount had to
be filed by May 15, 1981, as required by section 306 of Pub. L. 1972 and
45 CFR 95.10. The remaining amount of $214,082 FFP related to the
period October 1, 1979 to June 30, 1982, and therefore had to be filed
within two years after the calender quarter in which the State agency
made the expenditures, in accordance with section 1132 of the Social
Security Act and 45 CFR 95.7. 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 case 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 therefore sustain the
disallowance of $283,024 based on Decision No. 521, which we incorporate
herein.
JUNE 06, 1985