New York State Department of Social Services, DAB No. 702 (1985)

GAB Decision 702

November 18, 1985

New York State Department of Social Services;  Board
Ballard, Judith A.; Garrett, Donald F.  Teitz, Alexander G.

Docket No. 85-200

DECISION

The New York State Department of Social Services (State) appealed the
disallowance by the Administration for Children, Youth and Families,
Office of Human Development Services, of $60,778 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 $357,022, for the
period October 1, 1981 - September 30, 1983, claimed on the State's
revised Quarterly Statement of Expenditures dated June 27, 1985.

The $60,778 in dispute was claimed for quarters beginning October 1,
1981 and ending March 31, 1983.  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.

We conclude that the claim disallowed here is barred by statutory and
regulatory filing requirements and sustain the disallowance of $60,778
based on Decision No. 521, which we incorporate herein.

JANUARY 14, 1986