Services
Your essential DAB Tracker for effortless legal navigation.
Welcome to the Feldesman HHS Departmental Appeals Board (DAB) Tracker. Our team of federal grants attorneys are at the forefront of monitoring and dissecting DAB cases related to federal grant compliance, providing an invaluable tool for individuals navigating the intricacies of these legal matters.
Designed with user convenience in mind, our tracker is meticulously organized as a sortable list. This allows users to access information based on date, case particulars, and specific topics. Whether you are delving into insights on a specific case or exploring recurring issues before the DAB, our user-friendly interface ensures a streamlined and efficient review process.
If you have questions, please contact Phillip A. Escoriaza at pescoriaza@feldesman.com or Mindy B. Pava at mpava@feldesman.com.
| DAB Case Number | Decision Date | Appellant | Respondent Operating Division | Federal Program | Case Type | Issue & Result | Source of Questioned Costs | Year Costs Originally Incurred |
|---|---|---|---|---|---|---|---|---|
| 3066 (R) | Oct 27, 2023 | Texas Health and Human Services Commission | Centers for Medicare & Medicaid Services (CMS) | Medicaid | Disallowance $16,287,695 |
Issue: Request for reconsideration Result: Denied for failure to meet Board standard of “clear error of fact or law” Issue: Random Moment in Time Study (RMTS) adequacy Result: Declined to consider new arguments regarding accuracy and adequacy of supporting documentation | OIG | 2011 |
| 3110 | Sep 12, 2023 | Idaho Department of Health and Welfare | Administration for Children and Families (ACF) | SSA, Title IV-B and E (Child and Family Services) | Withholding $935,712 |
Issue: Funds withheld on asserted failure to accomplish certain performance improvement plan goals Result: Upheld on grounds of appellant not contesting factual or legal basis for withholding Issue: Appellant arguments based on equity Result: Denied on grounds that Board is to simply apply law and facts to determine whether Operating Division action was proper | ACF | N/A |
| 3108 | Aug 23, 2023 | Virginia Department of Medical Assistance Services | Centers for Medicare & Medicaid Services (CMS) | Medicaid | Disallowance $57,972,975 |
Issue: Validity of Medicaid claims at certain Institutions for Mental Disease (IMD) Result: Upheld based upon agreement with CMS regarding certain facility survey and certification prerequisites to payment eligibility | OIG | 2006-2010 |
| 3099 | May 31, 2023 | California Department of Health Care Services | Centers for Medicare & Medicaid Services (CMS) | Medicaid | Disallowance $30,492,805 |
Issue: Disallowance of cost-based claims for federal financial participation Result: Upheld on grounds that State’s cost-based approach using a carryforward methodology did not reflect actual costs in current year Issue: Definition of “cost-based” for Medicaid federal financial participation Result: Cost based means, and only means, actual cost in the covered period Issue: Appellant argument of prejudice caused by delay of disallowance Result: Delay in CMS making a disallowance determination, even if possibly prejudicial, does turn and unallowable cost into an allowable cost Issue: Appellant argument of prejudice caused by delay of disallowance Result: Medicaid statute and regulations contain no deadline or statute of limitations for disallowance determinations | CMS | 2003-2010 |
| 3095 | May 8, 2023 | Centro de Servicios a la Juventud, Inc. | Administration for Children and Families (ACF) | Head Start | Termination |
Issue: Termination for failure to timely correct governance “deficiencies” as defined in Head Start Act Result: Upheld termination based upon occurrence of various similar circumstances suggesting underlying governance failures after the deadline set for correction of deficiencies | N/A | N/A |
