GAB Decision 668
July 2, 1985
New York State Department of Social Services;
Ballard, Judith A.; Garrett, Donald F. Teitz, Alexander G.
Docket No. 85-89.
DECISION
The New York State Department of Social Services (State) appealed the
disallowance of $88,994 * in federal financial participation (FFP) by
the Health Care Financing Administration. The disallowance was based on
the Quarterly Statement of Expenditures for the quarter ended September
30, 1984, dated December 5, 1984. 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 stated that $13,102 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(b)( 3) of Pub. L. 96-272 and
45 CFR 95.10, as extended by 46 Fed. Reg. 3528, January 15, 1981. The
remaining amount of $75,892 FFP related to the period from October 1,
1979 to September 30, 1982, and therefore claims for these expenditures
had to be filed within two years after the calendar quarter in which the
expenditures were incurred, in accordance with section 306(b)(1) of Pub.
L. 96-272 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.
(2) We therefore sustain the disallowance of $88,994 based on Decision
No. 521, which we incorporate herein. * The total disallowance amounted
to $167,136 in FFP. This amount consisted of $13,102 for local district
supplemental claims relating to fiscal year (FY) 1979 and prior periods,
$75,892 for local district claims for expenditures incurred after FY
1979, and $78,142 OMR/ICF supplemental claims after FY 1979. The State
did not appeal the OMR/ ICF claims.
OCTOBER 04, 1985