Massachusetts Department of Public Welfare, DAB No. 878 (1987)

DEPARTMENTAL GRANT APPEALS BOARD

Department of Health and Human Services

SUBJECT:    Massachusetts Department of Public Welfare

Docket No. 87-32
Decision No. 878

DATE:  June 25, 1987

DECISION

The Massachusetts Department of Public Welfare (State) appealed a
determination by the Health Care Financing Administration (HCFA)
disallowing $1,436,508 in federal financial participation (FFP) claimed
by the State under title XIX of the Social Security Act (Act).  HCFA
disallowed the costs of an increasing adjustment made to the per diem
reimbursement rate for Westborough State Hospital, a mental health
hospital, for the period July 1, 1982 to June 30, 1983 (FY 1983).  The
rate adjustment was granted by the Massachusetts Rate Setting Commission
(RSC) based on 114.1 CMR 5.09(1)(i), a provision of the RSC regulations.
HCFA found that this provision was not contained in the State's Medicaid
plan and that the increased costs based on the rate adjustment were
therefore unallowable under section 1903(a)(1) of the Act, which
provides for FFP in amounts expended "under the State plan. . . ."

Proceedings in this case were stayed pending the Board's issuance of a
decision in a related appeal filed by the State, Massachusetts
Department of Public Welfare, Decision No. 853, March 30, 1987.  The
State subsequently requested that the Board issue a summary decision
based not only on Decision No. 853 but also on a later decision by the
Board in another appeal filed by the State, Massachusetts Department of
Public Welfare, Decision No. 867, May 7, 1987.

Decision No. 853 involved the disallowance of increased costs resulting
from a rate adjustment requested under the same provision of the RSC
regulations for the same fiscal year at issue here.  The Board there
sustained the disallowance, rejecting the State's arguments that section
5.09(1)(i) was implicitly included in the State plan and that the
adjustment was independently authorized by a State plan provision not
related to 5.09(1)(i).  Although that decision pertained to intermediate
care facilities for the mentally retarded, while the appeal before us
here pertains to a mental health hospital, the same State plan
provisions and RSC regulations applied to both types of facilities.

Decision No. 867, like the instant case, involved the disallowance of
costs resulting from rate adjustments requested under section 5.09(1)(i)
for mental health hospitals; however, the costs in question were claimed
for FY 1982.  The State plan provisions governing rate adjustments in FY
1983 were different from those in effect in FY 1982.  Thus, the Board's
holding in Decision No. 867 that section 5.09(1)(i) was not subsumed in
the State plan is not germane here.  That decision is relevant, however,
to the extent that it finds that the adjustment was not authorized under
the terms of section 5.09(1)(i) itself.  The Board's holding in Decision
No. 867 that the disallowance is not inconsistent with certain
amendments to the Act also applies here.  See Decision No. 867, pp.
13-15.

Accordingly, based on the analyses set out in Decision No. 783, and in
Decision No. 867 to the extent applicable, we sustain the instant
disallowance.

 


                            _____________________________ Norval D.
                            (John) Settle

                            _____________________________ Charles E.
                            Stratton

                            _____________________________ Judith A.
                            Ballard Presiding Board Member