[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR95.519]



[Page 487]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 95_GENERAL ADMINISTRATION_GRANT PROGRAMS (PUBLIC ASSISTANCE, MEDICAL 

ASSISTANCE AND STATE CHILDREN'S HEALTH INSURANCE PROGRAMS)--Table of 

Contents

 

                     Subpart E_Cost Allocation Plans

 

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]