Milk Programs

60-Day Claim Deadline

Timeline for Submission of Claims

U.S. Department of Agriculture (USDA) program regulations require monthly claims for reimbursement, and any upward adjustments to monthly claims, to be submitted in a timely manner and no later than 60 days after the claiming month.

Regulatory citations for the 60-day deadline for program claims:

National School Lunch Program (NSLP) – 7 CFR § 210.8(5)(b)(1)

Child and Adult Care Food Program (CACFP) – 7 CFR § 226.10(4)(e)

Summer Food Service Program (SFSP) – 7 CFR § 225.9(d)(6)

Special Milk Program (SMP) – 7 CFR § 215.10(b)

Refer to the document Claim for Reimbursement Due Dates, which is available on the Claims and Reimbursement page of the Minnesota Department of Education (MDE)-Food and Nutrition Service (FNS) website. View Claim for Reimbursement Due Dates.

Limited Exceptions

Federal regulations provide for these limited exceptions to the 60-day claiming period.

Downward Adjustments

The 60-day time limit does not apply to downward adjustments. Federal regulations require that downward adjustments shall be made regardless of when it is determined that adjustments are necessary. Send revised downward claims to FNS at any time.

Circumstances Outside of Sponsor Control

If the original claim or upward adjustment is late due to circumstances outside of the sponsor’s control, the sponsor may request an exception to the 60-day deadline. Examples of circumstances outside of the sponsor’s control include flood, fire, natural disasters, etc.

To request this type of exception from FNS, send a written description of the outside events or circumstances that prevented the claims from being submitted on time.

Circumstances Within Sponsor Control

If an original claim or upward adjustment is late due to circumstances within the sponsor’s control, the sponsor may request an exception to the 60-day deadline. This exception may be granted only for one claim or claim adjustment.

This type of exception may be requested once within a 36-month period for a given program – NSLP, School Breakfast Program (SBP), CACFP, SFSP or SMP. This exception may not be requested for if the sponsor has already used this type of exception for the same program within the previous 36 months. A sponsor should evaluate whether the claim or claim adjustment is large enough to justify “using up” the exception, or whether the exception should be “saved” for possible use during the next 36 months.

To request an exception from FNS, send signed documentation, including an outline of the procedures/actions taken by sponsor to avoid repetition of the situation that caused the error in claiming.

Review or Audit Findings

FNS may grant an exception for a late claim or adjustment that is found as a result of an FNS program review or an audit.

- If the adjustment results from a program review, FNS review staff will initiate the required claim adjustments.

- If the adjustment results from an audit, submit (1) letter from the auditor, or copy of audit finding, specifying the necessary adjustments, and (2) signed documentation of the procedures/actions taken by sponsor to avoid repetition of the situation that caused the error.

Procedures Applicable to All Requests for Exceptions

• Send documents to FNS by faxing to 651-582-8501, or mailing to Minnesota Department of Education, Food and Nutrition Service, 1500 Highway 36 West, Roseville MN 55113-4266.
• Include copies of claim forms with all information entered for each site and signature. To obtain the claim form, print a blank claim from the Cyber-Linked Interactive Child Nutrition System (CLiCS) claim screen for each site.
• If the exception is approved, claim(s)/adjustment(s) will be entered into CLiCS by FNS staff for payment processing. If the exception is denied, formal correspondence including appeal rights will be sent to the sponsoring authority.

If you have any questions about this information, contact MDE – FNS at 651-582-8526, 800-366-8922, or e-mail to mde.fns@state.mn.us.