45 C.F.R. § 95.509

Cost allocation plan amendments and certifications

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(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(1) The procedures shown in the existing cost allocation plan become outdated because of organizational changes, changes in Federal law or regulations, or significant changes in program levels, affecting the validity of the approved cost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an annual statement shall be submitted to the Director, DCA certifying that its approved cost allocation plan is not outdated.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.

Notes of Decisions

Cited in 4 cases, 1991–2004 · leading case: 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).

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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). · cites it 2× “’ 45 C.F.R. § 95.509 (a)(2).” Here, the DAB found that the defect was that the plan was inconsistent with ACF policy.”

Kansas ex rel. Sec'y of Soc. & Rehab. Servs. v. Shalala, 859 F. Supp. 484 (D. Kan. 1994). · cites it 3× “45 C.F.R. § 95.509 . A CAP amendment is effective on the first day of the calendar quarter after that event, unless “an earlier date is needed to avoid a significant inequity to either the State or the Federal Government.”

Colvin v. Sullivan, 939 F.2d 153 (4th Cir. 1991). “45 C.F.R. § 95.509 (a). This regulation gives states an incentive to carefully examine their CAPs at all times, to discover any defects that might exist as early as possible.”

Colorado Dep't of Soc. Servs. v. United States Dep't of Health & Human Servs., 29 F.3d 519 (10th Cir. 1994). “45 C.F.R. § 95.509 . A CAP amendment is effective on the first day of the calendar quarter after that event, unless “[ajn earlier date is needed to avoid a significant inequity to either the State or the Federal Government.”

— 45 C.F.R. § 95.509(a) — 1 case

Kansas ex rel. Sec'y of Soc. & Rehab. Servs. v. Shalala, 859 F. Supp. 484 (D. Kan. 1994). “45 C.F.R. § 95.509 . A CAP amendment is effective on the first day of the calendar quarter after that event, unless “an earlier date is needed to avoid a significant inequity to either the State or the Federal Government.”

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