New York State Department of Social Services, DAB No. 827 (1987)

DEPARTMENTAL GRANT APPEALS BOARD

Department of Health and Human Services

SUBJECT: New York State Department of Social Services

Docket No. 86-231
Decision No. 827

DATE: January 20, 1987

DECISION

The New York State Department of Social Services (State) appealed the
disallowance by the Health Care Financing Administration (HCFA) of
$55,552 in federal financial participation claimed under Title XIX
(Medicaid) of the Social Security Act.  The disallowance represented the
federal share of the amount of interest income earned by the State,
during the quarter ending March 31, 1986, on Medicaid funds withheld
from providers or collected "from providers, from third party health
insurers, and from windfall activities."  HCFA determined that the
federal government is entitled to share in such interest, based on
Office of Management and Budget Circular No. A-87 (incorporated by
reference into HHS regulations at 45 CFR 74.171) and 45 CFR 74.47(a), as
well as section 2555.2(E) of the State Medicaid Manual.

The Board addressed issues concerning such interest in New York State
Department of Social Services, Decision No. 588, October 31, 1984, where
the Board determined that such interest constituted an applicable credit
which should have been used to reduce the State's claim for Medicaid
expenditures.  In New York State Department of Social Services, Decision
No. 721, February 6, 1986, the Board rejected the State's contention
that a federal court decision concerning the Food Stamp Program, Perales
v. U.S., 598 F. Supp. 19 (S.D. N.Y. 1984), aff'd, 751 F.2d 95 (2d Cir.
1984), required reversal of Decision No. 588.

In the course of this appeal, HCFA reduced the amount of the
disallowance by $30,533, after verifying the State's claim that this
figure represents interest on amounts the State had already credited to
HCFA as receivables in accordance with HCFA guidelines.

As for the remaining $25,019 in dispute, the State admitted that this
appeal did not present any material issues of fact which distinguished
it from those issues considered by the Board in Decision Nos. 588 and
721.  As an alternative to the normal Board briefing process, the State
accordingly requested a summary decision in this appeal based upon those
two decisions and their records.  State's letter to the Board dated
December 1, 1986.  HCFA raised no objection to the issuance of a summary
decision.  January 16, 1987 Telephone Conference.

We therefore sustain the disallowance in the reduced amount of $25,019,
based on Decision Nos. 588 and 721, which we incorporate by reference
here.


    _____________________________________ Norval D. (John)
    Settle


     _____________________________________
    Alexander G. Teitz


    _____________________________________ Judith A.
    Ballard Presiding Board