DEPARTMENTAL GRANT APPEALS BOARD
Department of Health and Human Services
SUBJECT: New York State Department of Social Services
Docket No. 86-169
Decision No. 795
DATE: September 30, 1986
DECISION
The New York State Department of Social Services (State) appealed a
decision of the Office of Family Assistance, Family
Support
Administration, disallowing $293,941 claimed under Title IV-A of
the
Social Security Act (Act). */
The authority given for the disallowance was section 1132 of the
Social
Security Act as added by Public Law 96-272, and 45 CFR 95.7,
which
require that claims for expenditures made after September 30, 1979
be
filed within two years after the quarter in which the expenditures
were
made. The expenditures were all made after September 30, 1979, and
the
claims were all filed more than two years after the quarter in which
the
expenditures were made.
The State in its appeal repeated the arguments pertaining to
the
applicability of the relevant filing requirements and exceptions
which
it had put forward in Board Docket Nos. 83170 and 83-180, decided in
New
York State Department of Social Services, Decision No. 521, March
6,
1984. The State 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. The Agency stated that it
had
no objection to the issuance of a summary decision.
In its acknowledgment of the notice of appeal the Board asked the State
to
advise the Board whether the holding in Decision No. 521, which
involved
claims for Title XIX expenditures, would apply equally here,
where the
expenditure claimed were under Title IV-A. In its letter
dated
September 12, 1986, the State
*/ This was part of a larger disallowance totalling $443,184.
The
State chose not to appeal $188, identified by it as "Uncontested
Claims"
in its notice of appeal. The amount of $149,055 was identified
"for
argument before the Board," and the appeal of this amount was
severed
and given a separate Board Docket Number of 86-172.
- 2 -
replied that the two year limit provided by statute and
regulations
governs claims under Title IV-A of the Act as well as Title XIX,
and
specifically admitted:
The Board's holding as to the interpretation of both the
statute
and regulations is equally applicable to programs under
Title
IV-A and XIX of the Act.
We conclude that the claims here are barred by statutory and
regulatory
requirements and sustain the disallowance of $293,941, based on
Decision
No. 521, which we incorporate herein. See also New York
State
Department of Social Services, Decision No. 784, September 2, 1986.
________________________________ Judith A. Ballard
________________________________ Donald F. Garrett
________________________________ Alexander G. Teitz
Presiding
Board