45 C.F.R. § 95.511

Approval of the cost allocation plan or plan amendment

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(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 § 95.509(a).

Notes of Decisions

Cited in 3 cases, 1986–2004 · leading case: Missouri v. Bowen, 813 F.2d 864 (8th Cir. 1987).

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Missouri v. Bowen, 813 F.2d 864 (8th Cir. 1987). · cites it 12× “2 In granting the Secretary’s motion, the court thus denied Missouri’s claim that the DHHS’ noncompliance with its own regulations — failing to act within the 60-day time period in 45 C.F.R. § 95.511 on a cost allocation plan amendment submitted by Missouri — constituted…”

State of Mo. v. Bowen, 638 F. Supp. 37 (W.D. Mo. 1986). · cites it 5× “45 C.F.R. § 95.511 . If a State is dissatisfied with the DCA’s disposition of a proposed CAP or CAP amendment, it is entitled to two rounds of administrative review.”

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). “Transmittals that “merely describe the position ACF will take when DCA consults with ACF about allocation of costs to title IV-E” amount to binding rules, because DCA must consult with ACF every time they process a CAP proposal that calls for an allocation of costs to Title IV-E.”

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