GAB Decision 722
February 6, 1986
New York State Department of Social Services;
Ballard, Judith A.; Garrett, Donald F. Teitz, Alexander G.
Docket No. 274
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 $13,966 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
represented increasing adjustments of FFP for the period January 1, 1982
- March 31, 1983, claimed on the State's Quarterly Statement of
Expenditures dated August 9, 1985 and revised September 10, 1985 and
September 27, 1985.
The amount in dispute was claimed for expenditures incurred in
quarters
beginning January 1, 1982 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 claims 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
$13,966
based on Decision No. 521, which we incorporate herein.
MARCH 28, 1987