DEPARTMENTAL GRANT APPEALS BOARD
Department of Health and Human Services
SUBJECT: New York State
Department of Social Services
Docket No. 86-107
Decision No. 792
DATE: September 29, 1986
DECISION
The New York State Department of Social Services (State) appealed
the
disallowance of $1,958,901 in federal financial participation by
the
Health Care Financing Administration (HCFA) under Title XIX
(Medicaid)
of the Social Security Act (Act). The disallowance
represented claims
submitted by the State for 15 percent incentive payments
for medical
support enforcement activity for the period April 1985 through
September
1985. HCFA determined that the documentation submitted by the
State in
support of its claims did not demonstrate that the gross
collections
against which the 15 percent had been calculated were in fact
the
results of enforcement and collection activity undertaken by a
political
subdivision of New York State or by another state pursuant
to
cooperative agreements in accordance with sections 1903(p)(l)
and
1912(a)(l) of the Act.
The Board dealt with essentially the same issues concerning
incentive
payments for enforcement and collection efforts in New York
State
Department of Social Services, Decision No. 628, March 19, 1985.
The
State requested the opportunity to verify whether political
subdivisions
reporting expenditures duly distinguished between allowable
Child
Support Enforcement and other collections in calculating the 15
percent
payment for medical support enforcement activity. The State
asserted
that, once the figures used by HCFA in reaching the disallowance
were
verified, the State would stipulate to the disallowance being
sustained
based upon Decision No. 628, without the necessity of
further
proceedings. See Appellant's letter to the Board dated June 16,
1986.
The Board gave the State the opportunity to examine HCFA's
calculations.
The State then submitted documentation showing that the
disallowance
should be reduced by $32,536. HCFA reviewed the State's
submission and
agreed that the disallowance should be so reduced. See
Respondent's
letter to the Board dated September 24, 1986..- 2 -
We therefore sustain the disallowance in the reduced amount of
$1,926,365,
based on Decision No. 628, which we incorporate by reference
here.
________________________________ Judith A. Ballard
________________________________ Alexander G. Teitz
________________________________ Norval D. (John)
Settle
Presiding Board