New York State Department of Social Services, DAB No. 1226 (1991)

Department of Health and Human Services

DEPARTMENTAL APPEALS BOARD

Appellate Division

SUBJECT: New York State
Department of Social Services
Docket No. 90-253
Decision No. 1226

DATE: February 12, 1991

DECISION

The New York State Department of Social Services (New York/State)
appealed a determination by the Family Support Administration (FSA)
disallowing $546,723 in federal financial participation (FFP) claimed by
the State under section 403(a) of the Social Security Act (Act).  FSA
found that the State had claimed FFP under Title IV-A of the Act (Aid to
Families with Dependent Children) for administrative costs incurred with
the provision of child care, which is a "social service" as described in
section 2002(a)(1) of the Act.  With certain exceptions, section
403(a)(3) prohibits reimbursing such costs with Title IV-A funding.

The Board first addressed these issues in a series of appeals by the
State which resulted in New York State Dept. of Social Services, DAB No.
759 (1986).  There, the Board upheld the disallowances in general but
remanded for two purposes:  (1) to permit the State an opportunity to
document to what extent the costs fell within one of the exceptions to
the section 403(a)(3) prohibition (for costs incurred in connection with
a Community Work Experience Program); and (2) to permit FSA to consider
the State's argument that some of the costs were allowable because they
were associated with child care paid by Title IV-A as an "expense
incidental to employment" and the State to show to what extent the costs
related to such child care.

As a result of the parties inability to reach a satisfactory resolution
on remand, the Board issued New York State Dept. of Social Services, DAB
No. 932 (1988).  There, we affirmed our holding in DAB No. 759.  We
upheld the disallowances first addressed in DAB No. 759, except to the
degree that New York was able to meet its burden to show to what extent
the costs were within three areas where FSA agreed to review further
documentation.  New York indicated that the current appeal "involves the
identical issues of law and fact" which were addressed in DAB No. 932.
Consequently, New York asked that we issue a summary decision based on
the rationale of DAB No. 932.  FSA agreed with the State's request.

We therefore sustain the disallowance of $546,723 based on DAB No. 932,
which we incorporate by reference.

 

 

 Donald F. Garrett

 

 

 Norval D. (John) Settle

 

 

 Judith A. Ballard Presiding Board