C.F.R. » Title 45 » CHAPTER II—OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 201—GRANTS TO STATES FOR PUBLIC ASSISTANCE PROGRAMS › Subpart A—Approval of State Plans and Certification of Grants

45 C.F.R. § 201.6

Withholding of payment; reduction of Federal financial participation in the costs of social services and training

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(a) When withheld. Further payments to a State are withheld in whole or in part if the Administrator, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of an approved plan, finds:

(1) That the plan no longer complies with the provisions of section 2, 402, 1002, 1402, or 1602 of the Act; or

(2) That in the administration of the plan there is failure to comply substantially with any such provision.

A question of noncompliance of a State plan may arise from an unapprovable change in the approved State plan, the failure of the State to change its approved plan to conform to a new Federal requirement for approval of State plans, or the failure of the State in practice to comply with a Federal requirement, whether or not its State plan has been amended to conform to such requirement.

(b) When the rate of Federal financial participation is reduced. Under title I, X, XIV, or XVI (AABD) of the Act, Federal financial participation in the costs of social services and training approved at the rate of 75 per centum is reduced to 50 per centum if the Administrator, after reasonable notice and opportunity for a hearing to the State agency, finds:

(1) That the plan provision under such title for prescribed services no longer complies with the Federal requirements with respect to such prescribed services; or

(2) That in the administration of the plan there is a failure to comply substantially with such plan provision.

(c) Information discussions. Hearings with respect to matters under paragraph (a) or (b) of this section are generally not called, however, until after reasonable effort has been made by the Administration to resolve the questions involved by conference and discussion with State officials. Formal notification of the date and place of hearing does not foreclose further negotiations with State officials.

(d) Conduct of hearings. For hearing procedures, see part 213 of this chapter.

(e) Notification of withholding. If the Administrator makes a finding of noncompliance with respect to a matter under paragraph (a) of this section, the State agency is notified that further payments will not be made to the State (or, in his discretion, that payments will be limited to categories under or parts of the plan not affected by such failure), until the Administrator is satisfied that there will no longer be any such failure to comply. Until he is so satisfied, no further payments will be made to the State (or will be limited to categories under or parts of the plan not affected by such failure).

(f) Notification of reduction in the rate of Federal financial participation. If the Administrator makes a finding of noncompliance with respect to a matter under paragraph (b) of this section, the State agency is notified that further payments will be made to the State at the rate of 50 per centum of the costs of services and training, until the Administrator is satisfied that there will no longer be any failure to comply.

[35 FR 12180, July 29, 1970, as amended at 39 FR 34542, Sept. 26, 1974; 53 FR 36579, Sept. 21, 1988]
Notes of Decisions
Cited in 31 cases, 1973–2019 · leading case: Solomon v. Califano, 464 F. Supp. 1203 (D. Maryland 1979).
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Solomon v. Califano, 464 F. Supp. 1203 (D. Maryland 1979). · cites it 8× “In arguing that any funds forwarded to the state of Maryland above “verified audited costs” represent overpayments, HEW necessarily has argued that the State’s failure to calculate the “additional sum” is a non-conformity with the state plan that removes the “additional sum”…”
State of New Jersey v. Dep't of Health & Human Servs., 670 F.2d 1262 (3rd Cir. 1981). · cites it 3× “” 45 C.F.R. § 201.6 (a). If the Secretary ascertains for whatever reasons, that a state’s AFDC plan, either on its face or in its administration, does not conform to federal standards, the Secretary is obligated to terminate the payment of federal funds for the offending plan…”
Morabito v. Blum, 528 F. Supp. 252 (S.D.N.Y. 1981). “Defendant Blum interprets this statement to hold that a failure to consult with a medical care advisory committee may only be redressed through a compliance proceeding brought by DHHS under 45 C.F.R. § 201.6 (a)(2). In fact, Judge Lasker clearly recognized that a failure to…”
United States v. Aloi, 449 F. Supp. 698 (E.D.N.Y 1977). “§ 1396c (1970); 45 C.F.R. § 201.6 (1976). Any revision of or amendment to a state plan must be reviewed by HEW and approved by the Secretary.”
Bracco v. Lackner, 462 F. Supp. 436 (N.D. Cal. 1978). “45 C.F.R. § 201.6 . Thus plaintiffs are clearly entitled to preliminary relief.”
California Ass'n of Bioanalysts v. Rank, 577 F. Supp. 1342 (C.D. Cal. 1983). “§ 1396c (1974); 45 C.F.R. 201.6(a) (1982). 45 C.F.R. § 205.”
Gale Coker v. Dr. Louis W. Sullivan, Sec'y, U.S. Dep't of Health & Human Servs., 902 F.2d 84 (D.C. Cir. 1990). “See 45 C.F.R. § 201.6 . And the regulations governing HHS’ reviews and audits do not impose any specific schedule or time frame on the Department.”
State v. Chalice Renee Zeitner, 436 P.3d 484 (Ariz. 2019). “See 45 C.F.R. § 201.6 (a). Arizona's AHCCCS program administers this state's Medicaid plan.”
Kozera v. Spirito, 723 F.2d 1003 (1st Cir. 1983). · cites it 2× “§ 604 (a)(2); 45 C.F.R. § 201.6 (a), (e) (1982). The Secretary’s action would deprive the state of funds to which it would, but for the court ruling, have been entitled and would diminish Massachusetts’ ability to provide welfare assistance to families of its needy children.”
In Re Grand Jury Investigation, 441 A.2d 525 (R.I. 1982). “45 C.F.R. § 201.6 . See also Arthur C. Logan Memorial Hospital v.”
Cnty. of Alameda v. Caspar W. Weinberger, Etc., 520 F.2d 344 (9th Cir. 1975). “45 C.F.R. § 201.6 ; cf. 45 C.F.R. § 201.3 (e) & (f); Columbia Heights Nursing Home & Hospital, Inc.”
Delaware Div. of Health & Soc. Servs. v. United States Dep't of Health & Human Servs., 665 F. Supp. 1104 (D. Del. 1987). “§ 604 (a) (1976); 45 C.F.R. § 201.6 (a) (1982). 7 . A "disallowance” proceeding is considerably less formal and affords the Secretary a more limited arsenal of sanctions.”
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— 45 C.F.R. § 201.6(a) — 3 cases
California Ass'n of Bioanalysts v. Rank, 577 F. Supp. 1342 (C.D. Cal. 1983). “§ 1396c (1974); 45 C.F.R. 201.6(a) (1982). 45 C.F.R. § 205.”
Erie Cnty. Geriatric Ctr. v. Sullivan, 952 F.2d 71 (3rd Cir. 1991).
Erie Cnty. Geriatric Ctr. v. Sullivan, 952 F.2d 71 (3rd Cir. 1991).
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