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Hospice services sufficient evidence that child met institutional level of care criteria

Topic: Medicaid Eligibility, Decided by Judge Woodard 
Docket Number: ******* , Decision Date: 2017-02-08 
Attachment: Click here to download the decision. 

Evidence that a child born with a terminal condition received hospice services from a skilled professional at home during the one month he was alive was sufficient to show that he received skilled nursing services of the requisite amount and duration for him to qualify [..] Read More..

City of Alpharetta officer did not have jurisdiction to arrest driver at her home in Roswell.

Topic: DUI, Decided by Judge Woodard 
Docket Number: 1704376 , Decision Date: 2016-11-03 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

A driver who was involved in a collision in Alpharetta left the scene of the accident and returned to her home in Roswell.  The Alpharetta officer who investigated the collision subsequently arrested the driver for DUI at her home in Roswell.  This arrest was improper [..] Read More..

DCH may recoup reimbursements paid to provider due to agency error.

Topic: Health Law, Decided by Judge Woodard 
Docket Number: 1732250 , Decision Date: 2017-06-26 
Attachment: Click here to download the decision. 

Mobile Med, Inc. sought and obtained reimbursement for supplying Medicaid members with two ventilators each—one primary, and one “back-up” ventilator—over the course of two years, despite a provision in the Department of Community Health’s (DCH) provider manual that allowed for reimbursement for only one ventilator [..] Read More..

Hearsay concerning sexual contact with students sufficient to give cause to report

Topic: Educators, Decided by Judge Woodard 
Docket Number: 1718869 , Decision Date: 2017-05-31 
Attachment: Click here to download the decision. 

A student’s report concerning what another student had told him about a teacher molesting him was sufficient to give rise to a duty to report.

Vocational Rehabilitation member not entitled to reimbursement for uncertified post-secondary education program.

Topic: Vocational Rehabilitation, Decided by Judge Woodard 
Docket Number: ******* , Decision Date: 2017-06-02 
Attachment: Click here to download the decision. 

The recipient of vocational rehabilitation services could not obtain reimbursement for his attendance in a post-secondary education program, as the Georgia Vocational Rehabilitation Agency’s rules authorized reimbursement for such a program only where it was nationally certified as a comprehensive transition program.

Used motor vehicle dealer license revoked.

Topic: Professional Licensing, Decided by Judge Woodard 
Docket Number: 1705373 , Decision Date: 2016-10-25 
Attachment: Click here to download the decision. 

The Court upheld the decision of the Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers to revoke a dealer’s license to operate as a used motor vehicle dealer based on evidence that the dealer failed to apply for a [..] Read More..

Duplicate food stamp benefits must be recouped from the ineligible household.

Topic: Health Law, Decided by Judge Woodard 
Docket Number: 1649344 , Decision Date: 2016-08-09 
Attachment: Click here to download the decision. 

Where two households claimed the same child as a household member for the purpose of obtaining food stamp benefits, resulting in the issuance of duplicate benefits, the correct action was to recoup benefits from the head of household that falsely claimed that the child continued [..] Read More..

SOURCE participation not limited to SSI recipients.

Topic: Health Law, Decided by Judge Woodard 
Docket Number: ***** , Decision Date: 2016-08-25 
Attachment: Click here to download the decision. 

Financial eligibility for the Service Options Using Resources in Community Environments (SOURCE) Program is not dependent upon whether the individual is categorically eligible for Medicaid due to his or her receipt of Supplemental Security Income.  Rather, under the terms of the Waiver, eligibility extends to [..] Read More..

Former superintendent not shown to have knowledge of alleged child abuse.

Topic: Educators, Decided by Judge Woodard 
Docket Number: 1617619 , Decision Date: 2016-03-03 
Attachment: Click here to download the decision. 

The Professional Standards Commission (“the Commission”) was not authorized to revoke the teaching certificate of the former superintendent of McIntosh County School District because it failed to demonstrate that the superintendent knew of allegations of a sexual relationship between a student and a high school [..] Read More..

Driver did not refuse test where he provided one adequate breath sample.

Topic: DUI, Decided by Judge Woodard 
Docket Number: 1635913 , Decision Date: 2016-03-24 
Attachment: Click here to download the decision. 

A driver agreed to submit to a state-administered breath test after he was arrested for DUI and read the implied consent notice.  During the test, the driver provided one adequate breath sample, but failed to provide a second sample.  The officer thereafter indicated on the [..] Read More..

Facility’s failure to provide adequate supervision during outing resulted in resident’s death.

Topic: Health Law, Decided by Judge Woodard 
Docket Number: 1630927 , Decision Date: 2016-04-20 
Attachment: Click here to download the decision. 

The owner of a personal care home organized a river tubing outing for four of its residents, all of whom had some level of cognitive impairment.  The owner was the only staff member on hand to supervise the residents during the outing, and was unable [..] Read More..

Must affirmatively request chemical test to rescind refusal.

Topic: DUI, Decided by Judge Woodard 
Docket Number: 1620749 , Decision Date: 2016-02-18 
Attachment: Click here to download the decision. 

A DUI suspect was not shown to have rescinded his initial refusal to submit to a state-administered chemical test by virtue of the fact that he did not refuse to cooperate with a breath test after the arresting officer presented a search warrant and advised [..] Read More..

Functional limitations must be attributable to intellectual disability, not age, to meet ICF/ID level of care.

Topic: Health Law, Decided by Judge Woodard 
Docket Number: ******* , Decision Date: 2016-01-05 
Attachment: Click here to download the decision. 

The Department of Community Health denied Petitioner’s application for coverage under the Katie Beckett deeming waiver because her caregivers did not demonstrate that she met any institutional level of care. The Court upheld the denial, finding that, although Petitioner appeared to exhibit the requisite functional [..] Read More..

DOT employee dismissed for making personal use of government vehicle.

Topic: Employment, Decided by Judge Woodard 
Docket Number: 1548536 , Decision Date: 2015-08-03 
Attachment: Click here to download the decision. 

The Georgia Department of Transportation (GDOT) launched an investigation into one of its employees in response to a report that the employee frequented a pool hall during work hours using his state-issued vehicle.  Using a GPS tracking device, the GDOT determined that the employee used [..] Read More..

Nurse aide misappropriated resident’s anti-anxiety medication for her boyfriend.

Topic: Nurse Aide Registry, Decided by Judge Woodard 
Docket Number: 1551508 , Decision Date: 2015-07-01 
Attachment: Click here to download the decision. 

A certified nurse aide was fired from a nursing facility after her boyfriend reported to the facility that she had provided him with an anti-anxiety drug that had been prescribed to one of the nursing facility’s residents.  The boyfriend subsequently returned the resident’s medication to [..] Read More..

Storing residents’ medications does not constitute operation of personal care home.

Topic: Health Law, Decided by Judge Woodard 
Docket Number: 1537427  , Decision Date: 2015-07-08 
Attachment: Click here to download the decision. 

The Department of Community Health sought to fine the owners of an informal “halfway house” $104,000 for allegedly operating an unlicensed personal care home.  However, the “assistance” provided by the owners – storing the residents’ medications in a personal vault and taking them out of [..] Read More..

DFCS cannot toll the transfer of assets penalty period.

Topic: Medicaid Eligibility, Decided by Judge Woodard 
Docket Number: ***** , Decision Date: 2015-06-29 
Attachment: Click here to download the decision. 

The Department of Human Services’ Division of Family and Children Services (“DFCS”) assessed a penalty of 3.43 months against Petitioner for transferring $20,020.46 of her assets without receiving fair market value in return.  This meant that she was ineligible for a nursing home vendor payment [..] Read More..

Agency authorized to remove food stamps balance after twelve months of inactivity.

Topic: Public Assistance, Decided by Judge Woodard 
Docket Number: ******* , Decision Date: 2015-01-22 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (“DFCS”) removed, or “expunged” the balance of Petitioner’s food stamps benefits after he failed to access those benefits for a period exceeding twelve months. DFCS continued to expunge monthly benefit amounts from Petitioner’s account as each benefit amount [..] Read More..

Nursing Home Medicaid resource limit must be raised to allow for maintenance of community spouse.

Topic: Public Assistance, Decided by Judge Woodard 
Docket Number: ***** , Decision Date: 2015-06-15 
Attachment: Click here to download the decision. 

The State is required pursuant to the Medicare Catastrophic Coverage Act to increase the resource limit for nursing home Medicaid where doing so would enable a nursing home resident’s non-institutionalized (or “community”) spouse to meet a monthly maintenance needs allowance, the amount of income necessary [..] Read More..

Boarding house fined for temporarily operating as an unlicensed personal care home.

Topic: Health Law, Decided by Judge Woodard 
Docket Number: 1545013 , Decision Date: 2015-05-12 
Attachment: Click here to download the decision. 

A boarding house was subject to a fine for providing services that could only be performed by a licensed personal care home.  During a site visit, the facility was found to have kept the residents’ medications in lockers, and investigators discovered that the facility’s owner [..] Read More..

Personal care home fined for retaining non-ambulatory residents.

Topic: Health Law, Decided by Judge Woodard 
Docket Number: 1541315 , Decision Date: 2015-04-15 
Attachment: Click here to download the decision. 

The Department of Community Health’s imposition of a fine against a personal care home was upheld due to the personal care home’s retention of two residents who were unable to ambulate independently, a serious safety violation.

Mortgage payments not an allowable deduction from patient liability.

Topic: Health Law, Decided by Judge Woodard 
Docket Number: ******* , Decision Date: 2015-04-15 
Attachment: Click here to download the decision. 

A recipient of Medicaid under the Nursing Home class of assistance is not entitled to deduct the amount of her mortgage payments from the amount she was required to contribute to the cost of her care pursuant to Federal regulations or the State Medicaid Plan.

Voluntariness inquiry is outside the scope of administrative license suspension proceedings.

Topic: DUI, Decided by Judge Woodard 
Docket Number: 1516390 , Decision Date: 2015-04-29 
Attachment: Click here to download the decision. 

A DUI suspect contended that his agreement to submit to a breath test after having been read the implied consent notice did not amount to “actual consent” such as to obviate the need for obtaining a warrant before procuring and testing a sample of his [..] Read More..

Personal care home cannot provide care to insulin-dependent residents without appropriate personnel.

Topic: Public Health, Decided by Judge Woodard 
Docket Number: 1501923 , Decision Date: 2014-12-30 
Attachment: Click here to download the decision. 

The Department of Community Health restricted the license of a Personal Care Home (PCH) such that it could not care for insulin-dependent residents after it discovered that the PCH did not have a licensed individual or a proxy caregiver available to monitor glucose levels and/or [..] Read More..

Personal care home fined for having water temperatures that far exceeded regulatory limits.

Topic: Public Health, Decided by Judge Woodard 
Docket Number: 1456804 , Decision Date: 2014-10-24 
Attachment: Click here to download the decision. 

Petitioner, a licensed personal care home, was fined $601.00 after a routine inspection found that the facility’s bathrooms had hot water levels that were twenty degrees over the maximum limit set by the Department of Community Health.

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