GAB Decision 690
September 9, 1985
New York State Department of Social Services;
Ballard, Judith A.; Garrett, Donald F. Teitz, Alexander G.
Docket No. 85-149
DECISION
The New York State Department of Social Services (State) appealed the
disallowance by the Administration for Children, Youth and Families of
$67,654 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 $270,614, for the period October 1982 - September 1983,
claimed on the revised Quarterly Statement of Expenditures dated March
28, 1985. The quarter covered by the disallowance was October -
December 1982. * 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.(2)
We conclude that the claim disallowed here is barred by statutory and
regulatory filing requirements and sustain the disallowance of $67,654,
based on Decision No. 521, which we incorporate herein. * The
disallowance letter did not specifically identify the quarter in
question. It stated merely that the $67,654 FFP disallowed represented
"one quarter of the claim of $270,614." Clearly only the first quarter
of the period, that from October through December 1982, could properly
be disallowed since claims for the other three quarters filed on March
28, 1985 would be timely. In telephone conversations with the Board on
September 4, 1985, the parties agreed the relevant quarter was October -
December 1982.
JANUARY 14, 1986