New York State Department of Social Services, DAB No. 1440 (1993)


  Department of Health and Human Services

        DEPARTMENTAL APPEALS BOARD

     Appellate Division


SUBJECT:        New York State          DATE:  September 30, 1993
    Department of Social Services Docket No.
   A-93-229 Decision No. 1440

   DECISION

The New York State Department of Social Services (State) appealed a
determination by the Health Care Financing Administration (Agency)
disallowing federal financial participation (FFP) in the amount of
$11,932,475 claimed under title XIX of the Social Security Act for the
quarter ended June 30, 1991.  The costs claimed represented amounts
originally paid under the State-funded medical assistance program which
the State later claimed as payments for individuals eligible for
Medicaid.  The State used statistical sampling procedures to estimate
the amount paid to individuals who were eligible for Medicaid on the
basis of disability.

In its notice of appeal, the State requested a summary decision
upholding the disallowance of this amount based on New York State Dept.
of Social Services, DAB No. 1012 (1989).  Similar summary decisions have
already been issued by the Board.  See New York State Dept. of Social
Services, DAB No. 1420 (1993), and decision cited therein.

In DAB No. 1012, the Board held that the State was not authorized to use
statistical sampling as a basis for claiming Medicaid funds payable on
behalf of disabled individuals.  The Board found that sampling was
impermissible because it was used in lieu of making the disability
determinations which the regulations, reasonably interpreted, require in
each case for which payment is made.  Accordingly, the Board sustained
the  disallowances to the extent that they represented extrapolations
from cases in the sample involving individuals eligible for Medicaid
based on disability.  The Board remanded that part of the disallowances
pertaining to the cases in the sample to determine whether the
disability determination in each case was properly made.

The Agency agreed to the issuance of a summary decision here based on
DAB No. 1012.  Letter from Healy to Settle dated September 23, 1993.

Conclusion

Accordingly, based on the analysis in DAB No. 1012, we uphold the
disallowance of the amount remaining in dispute to the extent that it
represents disability-based claims calculated by extrapolation from a
statistical sample.  As in that decision, we remand to the Agency that
part of the disallowance which pertains to the cases in the sample to
determine whether the disability determination in each case was properly
made so that FFP is allowable. 1/  The State may appeal the Agency's
determination in the sample cases pursuant to 45 C.F.R. Part 16.

 

 ____________________________ Cecilia Sparks Ford

 


 ____________________________ Donald F. Garrett

 


 ____________________________ Norval D. (John) Settle Presiding
 Board Member

 

1.     In some related appeals, the Agency asserted, and the State did
not dispute, that claims for the expenditures made on behalf of the
individuals in the sample cases were not included in the amounts in
dispute.  Docket Nos. 89-51, 89-86 and 89-87, Agency's brief dated
6/1/89, p. 5.  If the same is true here, there would of course be no
need for further Agency