45 C.F.R. § 95.505

Definitions

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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 § 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 Administration for Children and Families (ACF) and the Centers for Medicare & Medicaid Services (CMS).

Public assistance programs means the programs cited in § 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 § 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 § 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 § 95.503 in accordance with all Federal requirements.

[47 FR 17509, Apr. 23, 1982, as amended at 75 FR 66336, Oct. 28, 2010]
Notes of Decisions
Cited in 6 cases, 1986–2004 · leading case: Alabama v. Shalala, 124 F. Supp. 2d 1250 (M.D. Ala. 2000).
Alabama v. Shalala, 124 F. Supp. 2d 1250 (M.D. Ala. 2000). · cites it 2× “” 45 C.F.R. § 95.505 . In essence, the CAP identifies the central support services that qualify for federal financial participation and describes how central support agencies allocate the costs.”
Nebraska, Dep't of Health & Human Svs. v. United States Dep't of Health & Human Servs., 340 F. Supp. 2d 1 (D.D.C. 2004). “” 45 C.F.R. § 95.505 . 2 . ACYF-PA-87-05 states in relevant part that: Allowable administrative costs for activities such as recruitment and licensing of foster homes, training and activities described in the previous section that are not linked directly to the eligibility of…”
State of Mo. v. Bowen, 638 F. Supp. 37 (W.D. Mo. 1986). “45 C.F.R. §§ 95.505 -.507. The Director of the DCA is required to notify the State within 60 days whether its proposed CAP or CAP amendment is approved or disapproved, or whether the DCA needs additional time or information to evaluate the proposed CAP or CAP amendment.”
Missouri v. Bowen, 813 F.2d 864 (8th Cir. 1987). “” 45 C.F.R. § 95.505 . . 45 C.F.R. § 95.517 (a) provides as follows: A State must claim FFP for costs associated with a program only in accordance with its approved cost allocation plan.”
Colorado Dep't of Soc. Servs. v. United States Dep't of Health & Human Servs., 29 F.3d 519 (10th Cir. 1994). · cites it 2× “” 45 C.F.R. § 95.505 . The CAP must [cjontain 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…”
Kansas ex rel. Sec'y of Soc. & Rehab. Servs. v. Shalala, 859 F. Supp. 484 (D. Kan. 1994). “” 45 C.F.R. § 95.505 . The CAP must 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…”
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