New York State Department of Social Services, DAB No. 761 (1986)

GAB Decision 761

June 25, 1986

New York State Department of Social Services; 

Docket No. 86-75

Ballard, Judith A.; Garrett, Donald F.  Teitz, Alexander G.

The New York State Department of Social Services (State) appealed the
disallowance by the Health Care Financing Administration (Agency) of
$2,122,548 in federal financial participation claimed by the State under
the Medicaid program.  The amount disallowed was claimed on Quarterly
Statements of Expenditures for the periods October 1, 1981 to September
30, 1984.

The disallowance letter stated that the expenditure reports (QER,
HCFA-64) included Medical Assistance claims for public providers which
related to expenditures made during calendar quarters which ended more
than two years prior to the filing date of the respective HCFA-64s. The
disallowance went on to say that all these claims related to
expenditures made after September 30, 1979.  The letter gave as the
reason for the disallowance that such claims had to be filed within two
years after the calendar quarter in which the State made the
expenditures, as provided in section 1132 of the Social Security Act and
implementing regulations at 45 CFR 95.7.

The State in its Notice of Appeal first challenged the sufficiency of
the notice of disallowance on its face because it did not specify why
the claims were untimely.  The State argued that the statement that "all
of the claims in question relate to expenditures made after September
30, 1979" (emphasis by State) was confusing and unclear.  The State
claimed that this statement "does not clearly indicate why claims filed
between October 1, 1981 and September 30, 1984 were untimely."

The Board in its acknowledgment of the notice of appeal denied the
State's motion to dismiss the disallowance, and gave the Agency the
opportunity to furnish the Board "with sufficient information to
identify the expenditure dates and filing dates for the various claims
referred to in the disallowance notice." This was similar to the
procedure followed by the Board in Docket No. 86-44, which led to
Decision No. 753, New York State Department of Social Services, May 19,
1986.

The Agency furnished the itemized breakdown requested by the Board. The
Agency in doing so, however, disputed the statement by the State that
the notice of disallowance did not specify why(2) the questioned claims
were untimely.  The Agency pointed out that the disallowance notice did
state that the claims were for expenditures made in calendar quarters
which had ended more than two years before the claims were filed.  The
Agency also noted that all the information about dates of filing and
claiming was available to the State in its own files, since the QERs
were identified in the disallowance.

The State in reply still contended that the disallowance did not meet
the requirements of 45 CFR 74.304, giving requirements for final
decisions in disputes, since the Agency had to provide additional
factual information to the State.

The disallowance letter indicated the legal basis for the position that
the claims were untimely;  the claims (QERs) were identified;  and the
State could identify the dates the expenditures were made and the claims
filed.  On the other hand, it is not unreasonable to expect the Agency
to spell out detailed dates of filing and claiming, even if the State
could look up the information in its own records.

We have already denied the State's motion to dismiss, and so far as the
State's June 9, 1986 letter is a repetition of that motion, we again
deny it.  There was certainly no prejudice here to the State.  The
Agency furnished the itemized breakdown when requested by the Board.
The State was given ample opportunity to question the accuracy of this
information, and did not do so.

The State in its Notice of Appeal also 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, if the Board refused to dismiss the disallowance, requested the
Board to issue a summary decision based upon our holding in Decision No.
521.  In its Notice of Appeal the State submitted no new argument why
Decision No. 521 was wrong.

CONCLUSION

We find no merit in the arguments made by the State in addition to the
repetition of its arguments in Docket Nos. 83-170 and 83-180.  We
conclude that the claims here are barred by statutory and regulatory
filing requirements and sustain the disallowance(3) of $2,122,548, based
on Decision No. 521, which we incorporate herein, and our analysis above
of the State's additional arguments.

MARCH 28, 1987