|
|||||||||||||
Home| Services|Working with ACF|Policy/Planning|About ACF|ACF News | Search | ||||||||||||
[Code of Federal Regulations]
[Title 45, Volume 1, Parts 1 to 199]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR95]
[Page 442-461]
TITLE 45--PUBLIC WELFARE
SUBTITLE A--DEPARTMENT OF HEALTH AND HUMAN SERVICES
PART 95--GENERAL ADMINISTRATION--GRANT PROGRAMS (PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE)
Subpart A--Time Limits for States To File Claims
Sec.
95.1 Scope.
95.4 Definitions.
[[Page 443]]
95.7 Time limit for claiming payment for expenditures made after
September 30, 1979.
95.10 Time limit for claiming payment for expenditures made before
October 1, 1979.
95.11 Payment of claims subject to appropriations restrictions.
95.13 In which quarter we consider an expenditure made.
95.19 Exceptions to time limits.
95.22 Meaning of good cause.
95.25 When to request a waiver for good cause.
95.28 What a waiver request for good cause must include.
95.31 Where to send a waiver request for good cause.
95.34 The decision to waive the time limit for good cause.
Subparts B--D [Reserved]
Subpart E--Cost Allocation Plans
95.501 Purpose.
95.503 Scope.
95.505 Definitions.
95.507 Plan requirements.
95.509 Cost allocation plan amendments and certifications.
95.511 Approval of the cost allocation plan or plan amendment.
95.515 Effective date of a cost allocation plan or plan amendment.
95.517 Claims for Federal financial participation.
95.519 Cost disallowance.
Subpart F--Automatic Data Processing Equipment and Services--Conditions
for Federal Financial Participation (FFP)
General
95.601 Scope and applicability.
95.605 Definitions.
Specific Conditions for FFP
95.611 Prior approval conditions.
95.612 Disallowance of Federal Financial Participation (FFP).
95.613 Procurement standards.
95.615 Access to systems and records.
95.617 Software and ownership rights.
95.619 Use of ADP systems.
95.621 ADP reviews.
95.623 Waiver of prior approval requirements.
95.624 Consideration for FFP in emergency situations.
95.625 Increased FFP for certain ADP systems.
Federal Financial Participation in Costs of ADP Acquisitions
95.631 Cost identification for purpose of FFP claims.
95.633 Nondiscrimination requirements.
Exemptions
95.641 Applicability of rules for charging equipment in Subpart G of
this part.
Subpart G--Equipment Acquired Under Public Assistance Programs
95.701 Purpose and scope of subpart.
95.703 Definitions.
95.705 Equipment costs--Federal financial participation.
95.707 Equipment management and disposition.
Authority: Sec. 452(a), 83 Stat. 2351, 42 U.S.C. 652(a); sec. 1102,
49 Stat. 647, 42 U.S.C. 1302; sec. 7(b), 68 Stat. 658, 29 U.S.C. 37(b);
sec. 139, 84 Stat. 1323, 42 U.S.C. 2577b; sec. 144, 81 Stat. 529, 42
U.S.C. 2678; sec. 1132, 94 Stat. 530, 42 U.S.C. 1320b-2; sec. 306(b), 94
Stat. 530, 42 U.S.C. 1320b-2 note, unless otherwise noted.
Subpart A--Time Limits for States To File Claims
Source: 46 FR 3529, Jan. 15, 1981, unless otherwise noted.
Sec. 95.1 Scope.
(a) This subpart establishes a two year time limit (15 months in
some cases) for a State to claim Federal financial participation in
expenditures under State plans approved under the following titles of
the Social Security Act:
Title I--Grants to States for Old-Age Assistance and Medical
Assistance for the Aged.
Title IV-A--Grants to States for Aid and Services to Needy Families
with Dependent Children (except for Section 402(a)(19)(G) of the Act).
Title IV-B--Child Welfare Services.
Title IV-D--Child Support and Establishment of Paternity.
Title IV-E--Foster Care and Adoption Assistance.
Title X--Grants to States for Aid to the Blind.
Title XIV--Grants to States for Aid to the Permanently and Totally
Disabled.
Title XVI--Grants to States for Aid to the Aged, Blind, or Disabled
(AABD), or for Such Aid and Medical Assistance for the Aged.
Title XIX--Grants to States for Medical Assistance Programs.
Title XX--Grants to States for Services.
(b) This subpart also applies to claims for Federal financial
participation by any State which are based on
[[Page 444]]
any provision of the Act that is enacted after issuance of these
regulations and that provides, on an entitlement basis, for Federal
financial participation in expenditures made under State plans or
programs.
(c) This subpart explains under what conditions the Secretary may
decide to extend the time limit for filing claims when a State believes
it has good cause for not meeting the time limit.
Sec. 95.4 Definitions.
In this subpart--
Adjustment to prior year costs means an adjustment in the amount of
a particular cost item that was previously claimed under an interim rate
concept and for which it is later determined that the cost is greater or
less than that originally claimed.
Audit exception means a proposed adjustment by the responsible
Federal agency to any expenditure claimed by a State by virtue of an
audit.
Claim means a request for Federal financial participation in the
manner and format required by our program regulations, and instructions
or directives issued thereunder.
Court-ordered retroactive payment means either a retroactive payment
the State makes to an assistance recipient or an individual, under a
Federal or State court order or a retroactive payment we make to a State
under a Federal court order. Although we may accept these claims as
timely, this provision does not mean that we necessarily agree to be
bound by a State or Federal decision when we were not a party to the
action.
Federal financial participation means the Federal government's share
of an expenditure made by a State agency under any of the programs
listed in Sec. 95.1.
State agency for the purposes of expenditures for financial
assistance under title IV-A and for support enforcement services under
title IV-D means any agency or organization of the State or local
government which is authorized to incur matchable expenses; for purposes
of expenditures under title XIX, means any agency of the State,
including the State Medicaid agency, its fiscal agents, a State health
agency, or any other State or local organization which incurs matchable
expenses; for purposes of expenditures under all other titles, see the
definitions in the appropriate program's regulations.
State means the 50 States, the District of Columbia, Guam, Puerto
Rico, the Virgin Islands, the Commonwealth of the Northern Mariana
Islands, American Samoa and the Trust Territories of the Pacific.
The Act means the Social Security Act, as amended.
We, our, and us refer to HHS's Health Care Financing Administration,
Office of Child Support Enforcement, Office of Human Development
Services, or the Social Security Administration, depending on the
program involved.
Sec. 95.7 Time limit for claiming payment for expenditures made after
September 30, 1979.
Under the programs listed in Sec. 95.1, we will pay a State for a
State agency expenditure made after September 30, 1979, only if the
State files a claim with us for that expenditure within 2 years after
the calendar quarter in which the State agency made the expenditure.
Section 95.19 lists the exceptions to this rule.
Sec. 95.10 Time limit for claiming payment for expenditures made before
October 1, 1979.
Under the programs listed in Sec. 95.1, we will pay a State for a
State agency expenditure made before October 1, 1979, only if the State
filed or files a claim with us for that expenditure before January 1,
1981. Section 95.19 lists the exceptions to this rule.
Sec. 95.11 Payment of claims subject to appropriations restrictions.
Notwithstanding any other provision of this Subpart, we will pay
States' otherwise allowable claims for Federal financial participation
under the programs covered by this Subpart, subject to the availability
of funds (as provided in Acts appropriating funds to the Department in
effect at the time in which such claims are being considered for
payment), and subject to conditions or restrictions applicable to
payments out of such funds, including provisions of
[[Page 445]]
the first and second continuing resolutions for FY 1981 (Pub. L. 96-369
and Pub. L. 96-536) and the Supplemental Appropriations and Rescission
Act, 1981 (Pub. L. 97-12) that make funds under those Acts available to
pay for a State agency expenditure made before September 30, 1978, only
if the State had filed a claim for that expenditure with us within one
year of the expenditure.
(Pub. L. 96-369, 94 Stat. 1351; Pub. L. 96-536, 94 Stat. 3166; and Pub.
L. 97-12, 95 Stat. 14)
[46 FR 46136, Sept. 17, 1981]
Sec. 95.13 In which quarter we consider an expenditure made.
In this subpart--
(a) We consider a State agency's expenditure for assistance payments
under title I, IV-A, IV-E, X, XIV, or XVI (AABD) to have been made in
the quarter in which a payment was made to the assistance recipient, his
or her protective payee, or a vendor payee, even if the payment was for
a month in a previous quarter.
(b) We consider a State agency's expenditure for services under
title I, IV-A, IV-B, IV-D, IV-E, X, XIV, XVI (AABD) or XIX to have been
made in the quarter in which any State agency made a payment to the
service provider.
(c) For purposes of title XX, the date of expenditure is governed by
45 CFR 1396.52(d).
(d) We consider a State agency's expenditure for administration or
training under title I, IV-A, IV-B, IV-D, IV-E, X, XIV, XVI (AABD), or
XIX to have been made in the quarter payment was made by a State agency
to a private agency or individual; or in the quarter to which the costs
were allocated in accordance with the regulations for each program. We
consider a State agency's expenditure under these titles for non-cash
expenditures such as depreciation to have been made in the quarter the
expenditure was recorded in the accounting records of any State agency
in accordance with generally accepted accounting principles.
Sec. 95.19 Exceptions to time limits.
The time limits in Secs. 95.7 and 95.10 do not apply to any of the
following--
(a) Any claim for an adjustment to prior year costs.
(b) Any claim resulting from an audit exception.
(c) Any claim resulting from a court-ordered retroactive payment.
(d) Any claim for which the Secretary decides there was good cause
for the State's not filing it within the time limit.
Sec. 95.22 Meaning of good cause.
(a) Good cause for the late filing of a claim is lateness due to
circumstances beyond the State's control.
(b) Examples of circumstances beyond the State's control include:
(1) Acts of God;
(2) Documented action or inaction of the Federal government.
(c) Circumstances beyond the State's control do not include neglect
or administrative inadequacy on the part of the State, State agencies,
the State legislature or any of their offices, officers, or employees.
Sec. 95.25 When to request a waiver for good cause.
The State should request a waiver in writing as soon as the State
recognizes that it will be unable to submit a claim within the
appropriate time limit.
Sec. 95.28 What a waiver request for good cause must include.
The State's request for waiver must include a specific explanation,
justification or documentation of why the claim is or will be late. This
request must establish that the lateness in filing the claim is for good
cause as defined in Sec. 95.22 and not due to neglect or administrative
inadequacy. If the claim has not been filed, the State must also tell us
when the claim will be filed.
Sec. 95.31 Where to send a waiver request for good cause.
(a) A request which affects the program(s) of only one HHS agency
(the Health Care Financing Administration, or the Office of Child
Support Enforcement, or the Office of Human Development Services, or the
Social Security Administration) and does not affect the
[[Page 446]]
programs of any other agency or Federal Department should be sent to the
appropriate HHS agency.
(b) A request which affects programs of more than one HHS agency or
Federal Department should be sent to the Director, Division of Cost
Allocation in the appropriate HHS Regional Office.
Sec. 95.34 The decision to waive the time limit for good cause.
The Secretary will make a decision after reviewing the State's
request for waiver. If the Secretary decides that good cause exists, the
State will be notified of the extended due date. If the Secretary
decides that good cause does not exist or that the request for waiver
does not provide enough information to make a decision, the State will
be so advised.
Subparts B--D [Reserved]
Subpart E--Cost Allocation Plans
Source: 47 FR 17509, Apr. 23, 1982, unless otherwise noted.
Sec. 95.501 Purpose.
This subpart establishes requirements for:
(a) Preparation, submission, and approval of State agency cost
allocation plans for public assistance programs; and
(b) Adherence to approved cost allocation plans in computing claims
for Federal financial participation.
Sec. 95.503 Scope.
This subpart applies to all State agency costs applicable to awards
made under Title I, IV-A, IV-B, IV-C, IV-D, IV-E, X, XIV, XVI (AABD),
and XIX, of the Social Security Act, and under the Refugee Act of 1980,
Title IV, Chapter 2 of the Immigration and Nationality Act (8 U.S.C.
1521 et seq.), and under Title V of Pub. L. 96-422, the Refugee
Education Assistance Act of 1980.
Sec. 95.505 Definitions.
As used in this subpart:
State agency costs include all costs incurred by or allocable to the
State agency except expenditures for financial assistance, medical
vendor payments, and payments for services and goods provided directly
to program recipients such as day care services, family planning
services or household items as provided for under the approved State
program plan.
Cost allocation plan means a narrative description of the procedures
that the State agency will use in identifying, measuring, and allocating
all State agency costs incurred in support of all programs administered
or supervised by the State agency.
FFP or Federal financial participation means the Federal
Government's share of expenditures made by a State agency under any of
the programs cited in Sec. 95.503.
Operating Divisions means the Department of Health and Human
Services (HHS) organizational components responsible for administering
public assistance programs. These components are the Social Security
Administration, Office of Human Development Services, Office of Child
Support Enforcement, Health Care Financing Administration, and Office of
Refugee Resettlement.
Public assistance programs means the programs cited in Sec. 95.503.
State means the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, the Northern Mariana
Islands, and Guam.
State agency means the State agency administering or supervising the
administration of the State plan for any program cited in Sec. 95.503. A
State agency may be an organizational part of a larger State department
that also contains other components and agencies. Where that occurs, the
expression State agency refers to the specific component or agency
within the State department that is directly responsible for the
administration of, or supervising the administration of, one or more
programs identified in Sec. 95.503.
State Plan means a comprehensive written commitment by the State
agency to administer or supervise the administration of any of the
public assistance programs cited in Sec. 95.503 in accordance with all
Federal requirements.
[[Page 447]]
Sec. 95.507 Plan requirements.
(a) The State shall submit a cost allocation plan for the State
agency as required below to the Director, Division of Cost Allocation
(DCA), in the approporiate HHS Regional Office. The plan shall:
(1) Describe the procedures used to identify, measure, and allocate
all costs to each of the programs operated by the State agency;
(2) Conform to the accounting principles and standards prescribed in
Office of Management and Budget Circular A-87, and other pertinent
Department regulations and instructions;
(3) Be compatible with the State plan for public assistance programs
described in 45 CFR Chapters II, III and XIII, and 42 CFR Chapter IV
Subchapter C; and
(4) Contain sufficient information in such detail to permit the
Director, Division of Cost Allocation, after consulting with the
Operating Divisions, to make an informed judgment on the correctness and
fairness of the State's procedures for identifying, measuring, and
allocating all costs to each of the programs operated by the State
agency.
(b) The cost allocation plan shall contain the following
information:
(1) An organizational chart showing the placement of each unit whose
costs are charged to the programs operated by the State agency.
(2) A listing of all Federal and all non-Federal programs performed,
administered, or serviced by these organizational units.
(3) A description of the activities performed by each organizational
unit and, where not self-explanatory an explanation of the benefits
provided to Federal programs.
(4) The procedures used to identify, measure, and allocate all costs
to each benefiting program and activity (including activities subject to
different rates of FFP).
(5) The estimated cost impact resulting from the proposed changes to
a previously approved plan. These estimated costs are required solely to
permit an evaluation of the procedures used for identifying, measuring,
and allocating costs. Therefore, approval of the cost allocation plan
shall not constitute approval of these estimated costs for use in
calculating claims for FFP. Where it is impractical to obtain this data,
an alternative approach should then be negotiated with the Director,
DCA, prior to submission of the cost allocation plan.
(6) A statement stipulating that wherever costs are claimed for
services provided by a governmental agency outside the State agency,
that they will be supported by a written agreement that includes, at a
minimum (i) the specific service(s) being purchased, (ii) the basis upon
which the billing will be made by the provider agency (e.g. time
reports, number of homes inspected, etc.) and (iii) a stipulation that
the billing will be based on the actual cost incurred. This statement
would not be required if the costs involved are specifically addressed
in a State-wide cost allocation plan, local-wide cost allocation plan,
or an umbrella/department cost allocation plan.
(7) If the public assistance programs are administered by local
government agencies under a State supervised system, the overall State
agency cost allocation plan shall also include a cost allocation plan
for the local agencies. It shall be developed in accordance with the
requirements set forth above. More than one local agency plan shall be
submitted if the accounting systems or other conditions at the local
agencies preclude an equitable allocation of costs by the submission of
a single plan for all local agencies. Prior to submitting multiple plans
for local agencies, the State should consult with the Director, DCA.
Where more than one local agency plan is submitted, the State shall
identify the specific local agencies covered by each plan.
(8) A certification by a duly authorized official of the State
stating:
(i) That the information contained in the proposed cost allocation
plan was prepared in conformance with Office of Management and Budget
Circular A-87.
(ii) That the costs are accorded consistent treatment through the
application of generally accepted accounting principles appropriate to
the circumstances.
(iii) That an adequate accounting and statistical system exists to
support
[[Page 448]]
claims that will be made under the cost allocation plan; and
(iv) That the information provided in support of the proposed cost
allocation plan is accurate.
(9) Other information as is necessary to establish the validity of
the procedures used to identify, measure, and allocate costs to all
programs being operated by the State agency.
Sec. 95.509 Cost allocation plan amendments and certifications.
(a) The State shall promptly amend the cost allocation plan and
submit the amended plan to the Director, DCA if any of the following
events occur:
(1) The procedures shown in the existing cost allocation plan become
outdated because of organizational changes, changes in Federal law or
regulations, or significant changes in program levels, affecting the
validity of the approved cost allocation procedures.
(2) A material defect is discovered in the cost allocation plan by
the Director, DCA or the State.
(3) The State plan for public assistance programs is amended so as
to affect the allocation of costs.
(4) Other changes occur which make the allocation basis or
procedures in the approval cost allocation plan invalid.
(b) If a State has not submitted a plan or plan amendment during a
given State fiscal year, an annual statement shall be submitted to the
Director, DCA certifying that its approved cost allocation plan is not
outdated. This statement shall be submitted within 60 days after the end
of that fiscal year.
Sec. 95.511 Approval of the cost allocation plan or plan amendment.
(a) The Director, DCA, after consulting with the affected Operating
Divisions, shall notify the State in writing of his/her findings. This
notification will be made within 60 days after receipt of the proposed
plan or amendment and shall either: (1) Advise the State that the plan
or plan amendment is approved or disapproved, (2) advise the State of
the changes required to make the plan or amendment acceptable, or (3)
request the State to provide additional information needed to evaluate
the proposed plan or amendment. If the DCA cannot make a determination
within the 60-day period, it shall so advise the State.
(b) For purpose of this subpart, State agency cost allocation plans
which have been approved by an authorized official of the Department of
HHS prior to the effective date of this regulation are considered
approved until such time as a new plan or plan amendment is required by
Sec. 95.509(a).
Sec. 95.515 Effective date of a cost allocation plan amendment.
As a general rule, the effective date of a cost allocation plan
amendment shall be the first day of the calendar quarter following the
date of the event that required the amendment (See Sec. 95.509).
However, the effective date of the amendment may be earlier or later
under the following conditions:
(a) An earlier date is needed to avoid a significant inequity to
either the State or the Federal Government.
(b) The information provided by the State which was used to approve
a previous plan or plan amendment is later found to be materially
incomplete or inaccurate, or the previously approved plan is later found
to violate a Federal statute or regulation. In either situation, the
effective date of any required modification to the plan will be the same
as the effective date of the plan or plan amendment that contained the
defect.
(c) It is impractical for the State to implement the amendment on
the first day of the next calendar quarter. In these instances, a later
date may be established by agreement between the State and the DCA.
Sec. 95.517 Claims for Federal financial participation.
(a) A State must claim FFP for costs associated with a program only
in accordance with its approved cost allocation plan. However, if a
State has submitted a plan or plan amendment for a State agency, it may,
at its option claim FFP based on the proposed plan or plan amendment,
unless otherwise advised by the DCA. However, where a State has claimed
costs based on a proposed plan or plan amendment the State, if
necessary, shall retroactively
[[Page 449]]
adjust its claims in accordance with the plan or amendment as
subsequently approved by the Director, DCA. The State may also continue
to claim FFP under its existing approved cost allocation plan for all
costs not affected by the proposed amendment.
Sec. 95.519 Cost disallowance.
If costs under a Public Assistance program are not claimed in
accordance with the approved cost allocation plan (except as otherwise
provided in Sec. 95.517), or if the State failed to submit an amended
cost allocation plan as required by Sec. 95.509, the costs improperly
claimed will be disallowed.
(a)(1) If the issue affects the program(s) of only one Operating
Division and does not affect the programs of other Operating Divisions
or Federal departments, that Operating Division will determine the
amount of the disallowance and will also inform the State of its
opportunity for reconsideration of the determination in accordance with
the Operating Division's procedures. Prior to issuing the notification,
however, the Operating Division shall consult with the DCA to ensure
that the issue does not affect the programs of other Operating Divisions
or Federal departments.
(2) If the State wishes to request a reconsideration of the
Operating Division's determination, it must submit the request in
accordance with the Operating Division's procedures.
(b) If the issue affects the programs of more than one Operating
Division, or Federal department or the State, the Director, DCA, after
consulting with the Operating Divisions, shall determine the amount
inappropriately claimed under each program. The Director, DCA will
notify the State of this determination, of the dollar affect of the
determination on the claims made under each program, and will inform the
State of its opportunity for appeal of the determination under 45 CFR
part 16. The State will subsequently be notified by the appropriate
Operating Division as to the disposition of the funds in question.
[47 FR 17509, Apr. 23, 1982, as amended at 62 FR 38218, July 17, 1997]
Subpart F--Automatic Data Processing Equipment and Services--Conditions
for Federal Financial Participation (FFP)
Authority: Secs. 402(a)(5), 452(a)(1), 1102 and 1902(a)(4) of the
Social Security Act, 42 U.S.C. 602(a)(5), 652(a)(1), 1302, 1396a(a)(4);
5 U.S.C. 301 and 8 U.S.C. 1521.
Source: 51 FR 45326, Dec. 18, 1986, unless otherwise noted.
General
Sec. 95.601 Scope and applicability.
This subpart prescribes part of the conditions under which the
Department of Health and Human Services will approve Federal financial
participation (FFP) at the applicable rates for the costs of automatic
data processing incurred under an approved State plan for titles I, IV-
A, IV-B, IV-D, IV-E, X, XIV, XVI(AABD), or XIX of the Social Security
Act and title IV chapter 2 of the Immigration and Nationality Act. The
conditions of approval of this subpart add to the statutory and
regulatory requirements for acquisition of ADP equipment and services
under the specified titles of the Social Security Act.
(Approved by the Office of Management and Budget under control number
0990-0174)
[55 FR 4375, Feb. 7, 1990]
Sec. 95.605 Definitions.
As used in this part, the term:
Acceptance documents means written evidence of satisfactory
completion of an approved phase of work or contract, and acceptance
thereof by the State agency.
Acquisition means acquiring ADP equipment or services from
commercial sources or from State or local government resources.
Advance Planning Document (APD), Initial advance automatic data
processing planning document or Initial APD means a written plan of
action to request funding approval for a project which will require the
use of ADP services or equipment. The term APD refers to a Planning APD,
or to a planning
[[Page 450]]
and/or, development and implementation action document, i.e.,
Implementation APD, or to an Advance Planning Document Update.
(1) Planning APD means a written plan of action which requests FFP
to determine the need for, feasibility, and cost factors of an APD
equipment or services acquisition and to perform one or more of the
following: Prepare a Functional Requirements Specification; assess other
States' systems for transfer, to the maximum extent possible, of an
existing system; prepare an Implementation APD; prepare a request for
proposal (RFP) or develop a General Systems Design (GSD).
A separate planning effort and Planning APD is generally applicable
to large enhanced funded Statewide system developments and/or major
hardware acquisitions. States with large, independent Counties
requesting funding at the regular match rate for County systems are
strongly encouraged to do better planning and to submit a Planning APD
to allow for time and to provide funding for its planning activities.
Therefore, states must consider the scope and complexity of a project to
determine whether to submit a Planning APD as a separate document to HHS
or whether to combine the two phases of planning and implementation into
one APD covering both the Planning APD and the Implementation APD
requirements.
The Planning APD is a relatively brief document, usually not more
than 6-10 pages, which must contain:
(i) A statement of the problem/need in terms of deficiencies in
existing capabilities, new or changed program requirements or
opportunities for economies and efficiencies;
(ii) A project management plan which addresses the planning project
organization, planning activities/deliverables, State and contractor
resource needs, planning project procurement activities and schedule;
(iii) A specific budget for the planning of the project;
(iv) An estimated total project cost and a prospective State and
Federal cost distribution, including planning and implementation;
(v) A commitment to conduct/prepare the needs assessment,
feasibility study, alternatives analysis, cost benefit analysis, and to
develop a Functional Requirements Specification and/or a General Systems
Design (GSD); and,
(vi) A commitment to define the State's functional requirements for
the purpose of evaluating the transfer of an existing system, including
the transfer of another State's General System Design, which the State
may adapt to meet State specific requirements.
Additional Planning APD content requirements, for enhanced funding
projects are contained in 45 CFR 205.37(a)(1)-(8) and CFR 307.15.
(2) Implementation APD means a written plan of action to acquire the
proposed APD services or equipment.
The Implementation APD shall include:
(i) The results of the activities conducted under a Planning APD, if
any;
(ii) A statement of needs and objectives;
(iii) A requirements analysis, feasibility study and a statement of
alternative considerations including, where appropriate, a transfer of
an existing system and an explanation of why such a transfer is not
feasible if another alternative is identified;
(iv) A cost benefit analysis;
(v) A personnel resource statement indicating availability of
qualified and adequate staff, including a project director to accomplish
the project objectives;
(vi) A detailed description of the nature and scope of the
activities to be undertaken and the methods to be used to accomplish the
project;
(vii) The proposed activity schedule for the project;
(viii) A proposed budget (including a consideration of all possible
Implementation APD activity costs, e.g., system conversion, computer
capacity planning, supplies, training, and miscellaneous ADP expenses)
for the project;
(ix) A statement indicating the period of time the State expects to
use the equipment or system;
(x) An estimate of prospective cost distribution to the various
State and Federal funding sources and the proposed procedures for
distributing costs; and
[[Page 451]]
(xi) A statement setting forth the security and interface
requirements to be employed and the system failure and disaster recovery
procedures available.
Additional requirements, for acquisitions for which the State is
requesting enhanced funding, are contained at 45 CFR 205.37(a)(1)-(8),
45 CFR 307.15 and 42 CFR part 433 subpart C.
(3) Advance Planning Document Update (APDU) means a document
submitted annually (Annual APDU) to report project status and/or post
implementation cost-savings, or on an as needed (As Needed APDU) basis
to request funding approval for project continuation when significant
project changes are anticipated; for incremental funding authority and
project continuation when approval is being granted by phase; or to
provide detailed information on project and/or budget activities.
(a) The Annual APDU is due 60 days from the Planning APD or
Implementation APD approved anniversary and includes:
(i) A reference to the approved APD and all approved changes;
(ii) A project activity status which reports the status of the past
year's major project tasks and milestones, addressing the degree of
completion and tasks/milestones remaining to be completed and discusses
past and anticipated problems or delays in meeting target dates in the
approved APD and approved changes to it;
(iii) A report of all project deliverables completed in the past
year and degree of completion for unfinished products;
(iv) A project activity schedule for the remainder of the project;
(v) A project expenditures status which consists of a detailed
accounting of all expenditures for project development over the past
year and an explanation of the differences between projected expenses in
the approved APD and actual expenditures for the past year;
(vi) A report of any approved or anticipated changes to the
allocation basis in the APD's approved cost methodology;
(vii) A report which compares the estimated cost-savings from the
State's approved APD to actual cost-benefits to date (in the development
phase of a project, this may be reported as non-applicable). The
proportion of costs to savings must remain as projected in the APD. Once
the State begins operation, either on a pilot basis or under a phased
approval, the cost-savings shall be submitted 2-5 years after statewide
operation until the Department determines projected cost savings have
been achieved.
(b) The As Needed APDU is defined as a document which requests
approval for additional funding and/or authority for project
continuation when significant changes are anticipated; when the project
is being funded on a phased implementation basis; to clarify project
information requested as an approval condition of the Planning APD or
Implementation APD. The As Needed APDU may be submitted anytime as a
stand-alone funding or project continuation request, or may be submitted
with the Annual APDU:
(i) When the State anticipates incremental project expenditures
(exceeding specified thresholds);
(ii) When the State anticipates a schedule extension of more than 60
days for major milestones. For Aid to Families with Dependent Children
(AFDC) Family Assistance Management Information System (FAMIS)-type
projects, in accordance with section 402(e)(2)(C) of the Social Security
Act, any schedule change which affects the State's implementation date
as specified in the approved APD requires that the Department recover 40
percent of the amount expended. The Secretary may extend the
implementation date, if the implementation date is not met because of
circumstances beyond the State's control. Examples of circumstances
beyond the State's control are:
(1) Equipment failure due to physical damage or destruction; or,
(2) Change imposed by Federal judicial decisions, or by Federal
legislation or regulations;
(iii) When the State anticipates major changes in the scope of its
project, e.g., a change in its procurement plan, procurement activities,
system concept or development approach;
[[Page 452]]
(iv) When the State anticipates significant changes to its cost
distribution methodology or distribution of costs among Federal
programs; and/or,
(v) When the State anticipates significant changes to its cost-
benefit projections.
The As needed APDU shall provide supporting documentation to justify the
need for a change to the approved budget.
Approving component means an organization within the Department that
is authorized to approve requests for the acquisition of ADP equipment
or ADP services. Family Support Administration (FAS) for cash assistance
for Titles I, IV-A, X, XIV, and XVI(AABD); Office of Human Development
Services (OHDS) for social services for Titles IV-B (child welfare
services) and IV-E (foster care and adoption assistance); Family Support
Administration (FSA) for Title IV-D; and Health Care Financing
Administration (HCFA) for Title XIX of the Social Security Act.
Automatic data processing or ADP means data processing performed by
a system of electronic or electrical machines so interconnected and
interacting as to minimize the need for human assistance or
intervention.
Automatic data processing equipment or ADP equipment or Hardware
means automatic equipment that accepts and stores data, performs
calculations and other processing steps, and produces information. This
includes:
(a) Electronic digital computers;
(b) Peripheral or auxiliary equipment used in support of electronic
computers;
(c) Data transmission or communications equipment, and
(d) Data input equipment.
Automatic Data Processing Services or ADP Services means:
(a) Services to operate ADP equipment, either by agency, or by State
or local organizations other than the State agency; and/or
(b) Services provided by private sources or by employees of the
State agency or by State and local organizations other than the State
agency to perform such tasks as feasibility studies, system studies,
system design efforts, development of system specifications, system
analysis, programming, system conversion and system implementation and
include, for example, the following:
(1) Systems Training,
(2) Systems Development,
(3) Site Preparation,
(4) Data Entry, and
(5) Personal services related to automated systems development and
operations that are specifically identified as part of a Planning ADP or
Implementation ADP. As an example, a personal service would be the
service of an expert individual to provide advice on the use of ADP
software or hardware in developing a State automated management
information system.
Data processing means the preparation of source media containing
data or basic elements of information and the use of such source media
according to precise rules or procedures to accomplish such operations
as classifying, sorting, calculating, summarizing, recording and
transmitting.
Department means the Department of Health and Human Service.
Design or system design means a combination of narrative and
diagrams describing the structure of a new or more efficient automatic
data processing system. This includes the use of hardware to the extent
necessary for the design phase.
Development means the definition of system requirements, detailing
of system and program specifications, programming and testing. This
includes the use of hardware to the extent necessary for the development
phase.
Emergency situation is defined as a situation where:
(a) A State can demonstrate to the Department an immediate need to
acquire ADP equipment or services in order to continue the operation of
one or more of the Social Security Act programs covered by Subpart F,
and
(b) The State can clearly document that the need could not have been
anticipated or planned for and the State was prevented from following
the prior approval requirements of Sec. 95.611.
Enhanced matching rate means the higher than regular rate of FFP
authorized by Title IV-D, IV-E, and XIX of the Social Security Act for
acquisition of services and equipment that
[[Page 453]]
conform to specific requirements designed to improve administration of
the Child Support Enforcement, Foster Care and Adoption Assistance, and
Medicaid programs.
Enhancement means modifications which change the functions of
software and hardware beyond their original purposes, not just to
correct errors or deficiencies which may have been present in the
software or hardware, or to improve the operational performance of the
software or hardware.
Feasibility study means a preliminary study to determine whether it
is sufficiently probable that effective and efficient use of ADP
equipment or systems can be made to warrant a substantial investment of
staff, time, and money being requested and whether the plan is capable
of being accomplished successfully.
FFP means Federal financial participation.
Functional Requirements Specification is defined as an initial
definition of the proposed system, which documents the goals,
objectives, user or programmatic requirements, management requirements,
the operating environment, and the proposed design methodology, e.g.,
centralized or distributed. This document details what the new system
and or hardware should do, not how it is to do it. The Specifications
document shall be based upon a clear and accurate description of the
functional requirements for the project, and shall not, in competitive
procurements, lead to requirements which unduly restrict competition.
The Specification document is the user's definition of the requirements
the system must meet.
General Systems Design means a combination of narrative and graphic
description of the generic architecture of a system as opposed to the
detailed architecture of the system. A general systems design would
include a systems diagram and narrative identifying overall logic flow
and systems functions; a description of equipment needed (including
processing data transmission and storage requirements); a description of
other resource requirements which will be necessary to operate the
system; a description of system performance requirements; and a
description of the physical and organizational environment in which the
system will operate including how the system will function within that
environment (e.g. how workers will interface with the system).
Project means an automated systems effort undertaken by the State to
improve the administration and/or operation of one or more of its public
assistance programs. For example, a State may undertake a comprehensive,
integrated initiative in support of its AFDC and Medicaid programs'
intake, eligibility and case management functions. A project may also be
a less comprehensive activity such as, office automation, enhancements
to an existing system or an upgrade of computer hardware.
Implementation means design, development and installation and does
not include operation.
Medicaid Management Information System (MMIS) is a commonly accepted
term for Mechanized Claim Processing and Information Retrieval System as
provided by Section 1903(a)(3) and 1903(r) of the Social Security Act
and at 42 CFR 433.110 et seq.
Total Acquisition Cost means all anticipated expenditures (including
State staff costs) for planning and implementation for the project. For
purposes of this regulation total acquisition cost and project cost are
synonymous.
Installation means the integrated testing of programs and
subsystems, system conversion, and turnover to operation status. This
includes the use of hardware to the extent necessary for the
installation phase.
Operation means the automated processing of data used in the
administration of State plans for Title I, IV-A, IV-B, IV-D, IV-E, X,
XIV, XVI(AABD) of XIX of the Social Security Act. Operation includes the
use of supplies, software, hardware, and personnel directly associated
with the functioning of the mechanized system. See 45 CFR 205.38 and
307.10 for specific requirements for Title IV-A and IV-D, and 42 CFR
433.112 and 42 CFR 433.113 for specific requirements for Title XIX.
Regular matching rate means the normal rate of FFP authorized by
Titles IV-A, IV-B, IV-D, IV-E, X, XIV, XVI(AABD) and XIX of the Social
Security Act of State and local agency
[[Page 454]]
administration of programs authorized by those titles.
Requirements Analysis means determining and documenting the
information needs and the functional and technical requirements the
proposed computerized system must meet.
Service agreement means the document signed by the State or local
agency and the State or local Central Data Processing facility whenever
the latter provides data processing services to the former and:
(a) Identifies those ADP services the Central Data Processing
facility will provide;
(b) Includes, preferably as an amendable attachment, a schedule of
charges for each identified ADP service, and a certification that these
charges apply equally to all users;
(c) Includes a description of the method(s) of accounting for the
services rendered under the agreement and computing services charges;
(d) Includes assurances that services provided will be timely and
satisfactory;
(e) Includes assurances that information in the computer system as
well as access, use and disposal of ADP data will be safeguarded in
accordance with provisions of 45 CFR 205.50 and 303.21;
(f) Requires the provider to obtain prior approval pursuant to 45
CFR 95.611(a) from the Department for ADP equipment and ADP services
that are acquired from commercial sources primarily to support the
titles covered by this subpart and requires the provider to comply with
45 CFR Part 74, Subpart P for procurements related to the service
agreement. ADP equipment and services are considered to be primarily
acquired to support the titles covered by this subpart when these titles
may reasonably be expected to either: Be billed for more than 50 percent
of the total charges made to all users of the ADP equipment and services
during the time period covered by the service agreement, or directly
charged for the total cost of the purchase or lease of ADP equipment or
services;
(g) Includes the beginning and ending dates of the period of time
covered by the service agreement; and
(h) Includes a schedule of expected total charges to the title
covered by this subpart for the period of the service agreement.
Software means a set of computer programs, procedures, and
associated documentation used to operate the hardware.
State agency means the State agency administering or supervising the
administration of the State plan under Titles I, IV, X, XIV, XVI (AABD)
or XIX of the Social Security Act.
System specifications means information about the new ADP system--
such as workload descriptions, input data, information to be maintained
and processed, data processing techniques, and output data--which is
required to determine the ADP equipment and software necessary to
implement the system design.
System study means the examination of existing information flow and
operational procedures within an organization. The study essentially
consists of three basic phases: Data gathering investigation of the
present system and new information requirements; analysis of the data
gathered in the investigation; and synthesis, or refitting of the parts
and relationships uncovered through the analysis into an efficient
system.
[51 FR 45326, Dec. 18, 1986, as amended at 55 FR 4375, Feb. 7, 1990, 59
FR 30708, June 15, 1994]
Specific Conditions for FFP
Sec. 95.611 Prior approval conditions.
(a) General acquisition requirements. (1) A State shall obtain prior
written approval from the Department as specified in paragraph (b) of
this section, when the State plans to acquire ADP equipment or services
with proposed FFP at the regular matching rate that it anticipates will
have total acquisition costs of $5,000,000 or more in Federal and State
funds.
(2) A State shall obtain prior written approval from the Department
as specified in paragraph (b) of this section, when the State plans to
acquire ADP equipment or services with proposed FFP at the enhanced
matching rate authorized by 45 CFR 205.35, 45 CFR part 307 or 42 CFR
part 433, subpart C, regardless of the acquisition cost.
[[Page 455]]
(3) A State shall obtain prior written approval from the Department
of its justification for a sole source acquisition, when it plans to
acquire noncompetitively from a nongovernmental source ADP equipment or
services, with proposed FFP at the regular matching rate, that has a
total State and Federal acquisition cost of more than $1,000,000 but no
more than $5,000,000. Noncompetitive acquisitions of more than
$5,000,000 are subject to the provisions of paragraph (b) of this
section.
(4) Except as provided for in paragraph (a)(5) of this section, the
State shall submit requests for Department approval, signed by the
appropriate State official, to the Director, Administration for Children
and Families, Office of State Systems. The State shall send to ACF one
copy of the request for each HHS component, from which the State is
requesting funding, and one for the State Systems Policy Staff, the
coordinating staff for these requests. The State must also send one copy
of the request directly to each Regional program component and one copy
to the Regional Director.
(5) States shall submit requests for approval which involve solely
Title XIX funding (i.e., State Medicaid Systems), to HCFA for action.
(6) The Department will not approve any Planning or Implementation
APD that does not include all information required as defined in
Sec. 95.605.
(b) Specific prior approval requirements. The State agency shall
obtain written approval of the Department prior to the initiation of
project activity.
(1) For regular FFP requests.
(i) For the Planning APD subject to the dollar thresholds specified
in paragraph (a) of this section.
(ii) For the Implementation APD subject to the dollar thresholds
specified in paragraph (a) of this section.
(iii) For the Request for Proposal and Contract, unless specifically
exempted by the Department, prior to release of the RFP or prior to the
execution of the contract when the contract is anticipated to or will
exceed $5,000,000 for competitive procurement and $1,000,000 for
noncompetitive acquisitions from nongovernmental sources. States will be
required to submit RFPs and contracts under these threshold amounts on
an exception basis or if the procurement strategy is not adequately
described and justified in an APD.
(iv) For contract amendments, unless specifically exempted by the
Department, prior to execution of the contract amendment involving
contract cost increases exceeding $1,000,000 or contract time extensions
of more than 120 days. States will be required to submit contract
amendments under these threshold amounts on an exception basis or if the
contract amendment is not adequately described and justified in an APD.
(2) For enhanced FFP requests.
(i) For the Planning APD.
(ii) For the Implementation APD.
(iii) For the Request for Proposal and contract, unless specifically
exempted by the Department, prior to release of the RFP or prior to
execution of the contract when the contract is anticipated to or will
exceed $100,000.
(iv) For contract amendments, unless specifically exempted by the
Department, prior to execution of the contract amendment, involving
contract cost increases exceeding $100,000 or contract time extensions
of more than 60 days.
(3) Failure to submit any of the above to the satisfaction of the
Department may result in disapproval or suspension of project funding.
(c) Specific approval requirements. The State agency shall obtain
written approval from the Department:
(1) For regular FFP requests.
(i) For an annual APDU for projects with a total acquisition cost of
more than $5,000,000, when specifically required by the Department.
(ii) For an ``As Needed APDU'' when changes cause any of the
following:
(A) A projected cost increase of $1,000,000 or more.
(B) A schedule extension of more than 60 days for major milestones;
(C) A significant change in procurement approach, and/or scope of
procurement activities beyond that approved in the APD;
(D) A change in system concept, or a change to the scope of the
project;
(E) A change to the approved cost allocation methodology.
[[Page 456]]
The State shall submit the ``As Needed APDU'' to the Department, no
later than 60 days after the occurrence of the project changes to be
reported in the ``As Needed APDU''.
(2) For enhanced FFP requests.
(i) For an Annual APDU.
(ii) For an ``As needed'' APDU when changes cause any of the
following:
(A) A projected cost increase of $100,000 or 10 percent of the
project cost, whichever is less;
(B) A schedule extension of more than 60 days for major milestones.
For Aid to Families with Dependent Children (AFDC) Family Assistance
Management Information System (FAMIS)-type projects, in accordance with
section 402(e)(2)(C) of the Social Security Act, any schedule change
which affects the State's implementation date as specified in the
approved APD requires that the Department recover 40 percent of the
amount expended. The Secretary may extend the implementation date, if
the implementation date is not met because of circumstances beyond the
State's control. Examples of circumstances beyond the State's control
are:
(1) Equipment failure due to physical damage or destruction; or,
(2) Change imposed by Federal judicial decisions, or by Federal
legislation or regulations;
(C) A significant change in procurement approach, and/or a scope of
procurement activities beyond that approved in the APD;
(D) A change in system concept or scope of the project;
(E) A change to the approved cost methodology;
(F) A change of more than 10% of estimated cost benefits.
The State shall submit the ``As Needed APDU'' to the Department, no
later than 60 days after the occurrence of the project changes to be
reported in the ``As Needed APDU''.
(3) Failure to submit any of the above to the satisfaction of the
Department may result in disapproval or suspension of project funding.
(d) Prompt action on requests for prior approval. The ACF will
promptly send to the approving components the items specified in
paragraph (b) of this section. If the Department has not provided
written approval, disapproval, or a request for information within 60
days of the date of the Departmental letter acknowledging receipt of a
State's request, the request will automatically be deemed to have
provisionally met the prior approval conditions of paragraph (b) of this
section.
[51 FR 45326, Dec. 18, 1986, as amended at 55 FR 4377, Feb. 7, 1990; 56
FR 12356, Mar. 25, 1991; 59 FR 30708, June 15, 1994; 61 FR 39897, July
31, 1996]
Sec. 95.612 Disallowance of Federal Financial Participation (FFP).
If the Department finds that any ADP acquisition approved or
modified under the provisions of Sec. 95.611 fails to comply with the
criteria, requirements, and other undertakings described in the approved
advance planning document to the detriment of the proper and efficient
operation of the affected program, payment of FFP may be disallowed. In
the case of a suspension of approval of an APD for enhanced funding, see
45 CFR 205.37(c), 307.40(a) and 307.35(d).
[55 FR 4378, Feb. 7, 1990]
Sec. 95.613 Procurement standards.
(a) Procurements of ADP equipment and services are subject to the
procurement standards prescribed by subpart P of 45 CFR part 74
regardless of any conditions for prior approval. Those standards include
a requirement for maximum practical open and free competition regardless
of whether the procurement is formally advertised or negotiated.
(b) Those standards, as well as the requirement for prior approval,
apply to ADP services and equipment acquired by a State or local agency,
and the ADP services and equipment acquired by a State or local Central
Data Processing facility primarily to support the Social Security Act
programs covered by this subpart. Service agreements are exempt from
these procurement standards.
Sec. 95.615 Access to systems and records.
In accordance with 45 CFR part 74, the State agency must allow the
Department access to the system in all of
[[Page 457]]
its aspects, including design developments, operation, and cost records
of contractors and subcontractors at such intervals as are deemed
necessary by the Department to determine whether the conditions for
approval are being met and to determine the efficiency, economy and
effectiveness of the system.
[43 FR 44853, Sept. 29, 1978, as amended at 45 FR 10794, Feb. 19, 1980]
Sec. 95.617 Software and ownership rights.
(a) General. The State or local government must include a clause in
all procurement instruments that provides that the State or local
government will have all ownership rights in software or modifications
thereof and associated documentation designed, developed or installed
with Federal financial participation under this subpart.
(b) Federal license. The Department reserves a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish, or
otherwise use and to authorize others to use for Federal Government
purposes, such software, modifications, and documentation.
(c) Proprietary software. Proprietary operating/vendor software
packages (e.g., ADABAS or TOTAL) which are provided at established
catalog or market prices and sold or leased to the general public shall
not be subject to the ownership provisions in paragraphs (a) and (b) of
this section. FFP is not available for proprietary applications software
developed specifically for the public assistance programs covered under
this subpart.
Sec. 95.619 Use of ADP systems.
ADP systems designed, developed, or installed with FFP shall be used
for a period of time specified in the advance planning document, unless
the Department determines that a shorter period is justified.
Sec. 95.621 ADP reviews.
The Department will conduct periodic onsite surveys and reviews of
State and local agency ADP methods and practices to determine the
adequacy of such methods and practices and to assure that ADP equipment
and services are utilized for the purposes consistent with proper and
efficient administration under the Act. Where practical, the Department
will develop a mutually acceptable schedule between the Department and
State or local agencies prior to conducting such surveys or reviews,
which may include but are not limited to:
(a) Pre-installation readiness. A pre-installation survey including
an onsite evaluation of the physical site and the agency's readiness to
productively use the proposed ADP services, equipment or system when
installed and operational.
(b) Post-installation. A review conducted after installation of ADP
equipment or systems to assure that the objectives for which FFP was
approved are being accomplished.
(c) Utilization. A continuing review of ADP facilities to determine
whether or not the ADP equipment or services are being efficiently
utilized in support of approved programs or projects.
(d) Acquisitions not subject to prior approval. Reviews will be
conducted on an audit basis to assure that system and equipment
acquisitions costing less the $200,000 were made in accordance with 45
CFR part 74 and the conditions of this subpart and to determine the
efficiency, economy and effectiveness of the equipment or system.
(e) State Agency Maintenance of Service Agreements. (1) The State
agency will maintain a copy of each service agreement in its files for
Federal review.
(2) A State agency that did not obtain prior approval of a service
agreement, as required by Sec. 95.611(b)(2) as it was in effect from
December 28, 1978 (unless a State chose to exercise the option to make
it effective as early as September 29, 1978) through January 19, 1987,
is eligible for FFP claimed for services furnished by other State or
local agencies under that agreement if:
(i) The State agency has a copy of it in its files for Federal
review;
(ii) It meets the definition of a service agreement as it was
defined in section 95.605 from December 28, 1978 through January 19,
1987;
(iii) The claim conforms to the timely claim provisions of 45 CFR
part 95, subpart A; and
[[Page 458]]
(iv) The service agreement was not previously disapproved by HHS.
(f) ADP System Security Requirements and Review Process--(1) ADP
System Security Requirement. State agencies are responsible for the
security of all ADP projects under development, and operational systems
involved in the administration of HHS programs. State agencies shall
determine the appropriate ADP security requirements based on recognized
industry standards or standards governing security of Federal ADP
systems and information processing.
(2) ADP Security Program. State ADP Security requirements shall
include the following components:
(i) Determination and implementation of appropriate security
requirements as specified in paragraph (f)(1) of this section.
(ii) Establishment of a security plan and, as appropriate, policies
and procedures to address the following area of ADP security:
(A) Physical security of ADP resources;
(B) Equipment security to protect equipment from theft and
unauthorized use;
(C) Software and data security;
(D) Telecommunications security;
(E) Personnel security;
(F) Contingency plans to meet critical processing needs in the event
of short or long-term interruption of service;
(G) Emergency preparedness; and,
(H) Designation of an Agency ADP Security Manager.
(iii) Periodic risk analyses. State agencies must establish and
maintain a program for conducting periodic risk analyses to ensure that
appropriate, cost effective safeguards are incorporated into new and
existing systems. State agencies must perform risk analyses whenever
significant system changes occur.
(3) ADP System Security Reviews. State agencies shall review the ADP
system security of installations involved in the administration of HHS
programs on a biennial basis. At a minimum, the reviews shall include an
evaluation of physical and data security operating procedures, and
personnel practices.
(4) Costs incurred in complying with provisions of paragraphs
(f)(1)-(3) of this section are considered regular administrative costs
which are funded at the regular match rate.
(5) The security requirements of this section apply to all ADP
systems used by State and local governments to administer programs
covered under 45 CFR part 95, subpart F.
(6) The State agency shall maintain reports of their biennial ADP
system security reviews, together with pertinent supporting
documentation, for HHS on-site review.
[43 FR 44853, Sept. 29, 1978, as amended at 51 FR 45329, Dec. 18, 1986;
53 FR 27, Jan. 4, 1988; 55 FR 4378, Feb. 7, 1990; 61 FR 39898, July 31,
1996]
Sec. 95.623 Waiver of prior approval requirements.
For ADP equipment and services acquired by a State without prior
written approval, the Department may waive the prior approval
requirement if prior to December 1, 1985:
(a) The State submitted to the Department all information required
under Sec. 95.611, satisfactorily responded to all concerns raised by
the Department and received a final letter of approval from the
Department; or,
(b) The State has a request pending with the Department for
retroactive approval, which the Department received before December 1,
1985 and the Department determines that the request would have received
prior approval had a timely request for such approval been made by the
State agency.
[51 FR 3339, Jan. 27, 1986, as amended at 55 FR 4378, Feb. 7, 1990]
Sec. 95.624 Consideration for FFP in emergency situations.
For ADP equipment and services acquired by a State after December 1,
1985 to meet emergency situations, which preclude the State from
following the requirements of Sec. 95.611, the Department will consider
providing FFP upon receipt of a written request from the State. In order
for the Department to consider providing FFP in emergency situations,
the following conditions must be met:
(a) The State must submit a written request to the Department, prior
to the acquisition of any ADP equipment or
[[Page 459]]
services. The written request must be sent by registered mail and
include:
(1) A brief description of the ADP equipment and/or services to be
acquired and an estimate of their costs;
(2) A brief description of the circumstances which result in the
State's need to proceed prior to obtaining approval from the Department;
and
(3) A description of the harm which will be caused if the State does
not acquire immediately the ADP equipment and services.
(b) Upon receipt of the information, the Department will within 14
days take one of the following actions:
(1) Inform the State in writing that the request has been
disapproved and the reason for disapproval; or
(2) Inform the State in writing that the Department recognizes that
an emergency exists and that within 90 days from the date of the State's
initial written request, the State must submit a formal request for
approval which includes the information specified at Sec. 95.611 in
order for the ADP equipment or services acquisition to be considered for
the Department's approval.
(c) If the Department approves the request submitted under paragraph
(b) of this section, FFP will be available from the date the State
acquires the ADP equipment and services.
[51 FR 3339, Jan. 27, 1986, as amended at 55 FR 4378, Feb. 7, 1990]
Sec. 95.625 Increased FFP for certain ADP systems.
(a) General. FFP is available at enhanced matching rates for the
development of individual or integrated systems and the associated
computer equipment that support the administration of State plans for
Titles IV-D, IV-E, and/or XIX provided the systems meet the specifically
applicable provisions referenced in paragraph (b) of the section.
(b) Specific reference to other regulations. The applicable
regulations for the Title IV-D program are contained in 45 CFR Part 307.
The applicable regulations for the Title IV-E program are contained in
45 CFR 1355.55. The applicable regulations for the Title XIX program are
contained in 42 CFR Part 433, Subpart C.
[59 FR 30708, June 15, 1994]
Federal Financial Participation in Costs of ADP Acquisitions
Sec. 95.631 Cost identification for purpose of FFP claims.
The conditions of this subpart apply notwithstanding the existence
of an approved cost allocation plan. State agencies shall assign and
claim the costs incurred under an approved APD in accordance with the
following criteria:
(a) Development costs. (1) Using its normal departmental accounting
system, the State agency shall specifically identify what items of costs
constitute development costs, assign these costs to specific project
cost centers, and distribute these costs to funding sources based on the
specific identification, assignment and distribution outlined in the
approved APD; (2) the methods for distributing costs set forth in the
APD should provide for assigning identifiable costs, to the extent
practicable, directly to program/functions. The State agency shall amend
the cost allocation plan required by Subpart E of this part to include
the approved APD methodology for the identification, assignment and
distribution of the development costs.
(b) Operational costs. Costs incurred for the operation of an ADP
system shall be identified and assigned by the State agency to funding
sources in accordance with the approved cost allocation plan required by
Subpart E of this part.
(c) Service agreement costs. States that operate a central data
processing facility shall use their approved central service cost
allocation plan required by OMB Circular A-87 to identify and assign
costs incurred under service agreements with the State agency. The State
agency will then distribute these costs to funding sources in accordance
with paragraphs (a) and (b) of this section.
Sec. 95.633 Nondiscrimination requirements.
State agencies that acquire ADP equipment and services are subject
to
[[Page 460]]
the nondiscrimination requirements in Parts 80, 84, and 90.
[45 FR 10794, Feb. 19, 1980]
Exemptions
Sec. 95.641 Applicability of rules for charging equipment in Subpart G
of this part.
ADP equipment, as well as other equipment acquired under public
assistance programs, is subject to Subpart G of this part. Among other
things, Subpart G provides that a State may charge only depreciation or
use allowances for equipment with unit acquisition cost of over $25,000.
However, for ADP equipment HHS will consider requests for waivers of
that restriction. If the acquisition of the equipment is part of an APD
that is subject to the prior approval requirements of Subpart F, the
State may submit the request for a waiver as part of the APD.
Subpart G--Equipment Acquired Under Public Assistance Programs
Source: 47 FR 41576, Sept. 21, 1982, unless otherwise noted.
Sec. 95.701 Purpose and scope of subpart.
(a) This subpart prescribes requirements concerning the computation
of claims for Federal financial participation in the cost of equipment
under public assistance programs. This subpart also prescribes
requirements for the management and disposition of equipment whose costs
are claimed for Federal financial participation under these programs.
(b) This subpart applies to equipment purchased by State agencies
(as defined in Sec. 95.703) and to equipment purchased under service
agreements with other State agencies and under cost-type contracts.
Sec. 95.703 Definitions.
As used in this subpart:
Acquisition cost of an item of purchased equipment means the net
invoice price of the equipment, including the cost of modifications,
attachments, accessories, or auxiliary apparatus necessary to make the
equipment usable for the purpose for which it was acquired. Other
charges such as the cost of installation, transportation, taxes, duty or
protective intransit insurance shall be included in or excluded from the
unit acquisition cost in accordance with the regular accounting
practices of the organization purchasing the equipment. If the item is
acquired by trading in another item and paying an additional amount,
acquisition cost means the amount received for trade-in plus the
additional outlay.
Equipment means an article of tangible personal property that has a
useful life of more than two years and an acquisition cost of $500 or
more. Any recipient may use its own definition of equipment, if its
definition would at least include all items of equipment as defined
here.
Public Assistance Programs means programs authorized by Titles I,
IV-A, IV-B, IV-C, IV-D, IV-E, X, XIV, XVI (AABD) and XIX of the Social
Security Act, and programs authorized by the Immigration and Nationality
Act as amended by the Refugee Act of 1980 (Pub. L. 96-212).
State means the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, the Northern Mariana
Islands and Guam.
State Agency means the State agency administering a public
assistance program(s). This term includes local government public
assistance agencies which administer public assistance programs under a
State supervised system and the State agencies which supervise the local
agencies.
Sec. 95.705 Equipment costs--Federal financial participation.
(a) General rule. In computing claims for Federal financial
participation, equipment having a unit acquisition cost of $25,000 or
less may be claimed in the period acquired or depreciated, at the option
of the State agency. Equipment having a unit acquisition cost of more
than $25,000 shall be depreciated. For purposes of this section, the
term depreciate also includes use allowances computed in accordance with
the cost principles precribed in subpart Q of 45 CFR part 74.
(b) Exceptions. (1) Equipment purchased under service agreements
with other State agencies and under cost-
[[Page 461]]
type contracts shall be depreciated. However, equipment having a unit
acquisition cost of $25,000 or less may be claimed in the period
acquired if (a) the State agency approved the specific purchase and the
claiming of the cost of the item, and (b) the contract or service
agreement requires that the equipment or its residual value be
transferred to the State agency when the equipment is no longer needed
to carry out the work under the contract or service agreement.
(2) Reimbursement for ADP equipment having an acquisition cost in
excess of $25,000 and subject to subpart F of this part must be
depreciated over its useful life unless otherwise specifically provided
for by the Department. ADP equipment not subject to subpart F is subject
to the requirements of this subpart.
Sec. 95.707 Equipment management and disposition.
(a) An item of equipment is subject to the property rules in subpart
O of 45 CFR part 74 if the total cost of the item was claimed in the
period acquired and if the item was accepted for Federal financial
participation as a direct cost under a single program or program
activity. These rules also apply to ADP equipment where the State agency
was permitted under Subpart F of this part to claim the total cost of
the equipment in the period acquired.
(b) Other items of equipment whose costs are claimed for Federal
financial participation (i.e., equipment that is capitalized and
depreciated or is claimed in the period acquired and charged to more
than one program) are not subject to the specific requirements in
subpart O of 45 CFR part 74. However, the State agency is responsible
for adequately managing the equipment, maintaining records on the
equipment, and taking periodic physical inventories. Physical
inventories may be made on the basis of statistical sampling. The
following requirements apply to the disposition of this equipment:
(1) If the cost of the equipment was claimed in the period acquired
and the equipment is later sold, the proceeds of the sale shall be
credited to current expenditures in approximate proportion to the
distribution of the equipment's cost.
(2) If the cost of the equipment was claimed in the period acquired
and the equipment is later transferred to an activity which is not
involved in the performance of programs currently or previously funded
by the Federal Government, an amount equal to the fair market value of
the equipment on the date of the transfer shall be credited to current
expenditures in approximate proportion to the distribution of the
equipment's costs.
(3) If the cost of the equipment was claimed in the period acquired
and the equipment is later traded in on other equipment claims for
Federal financial participation in the costs of replacement equipment
shall be limited to the additional outlay.
(4) If the equipment was depreciated, any gain or loss on the
disposition of the equipment shall be treated as a decrease or an
increase to the depreciation expense of the period in which the
disposition takes place. This provision does not apply to equipment
whose costs were claimed for Federal financial participation through use
allowances.