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Worsening of medical condition warrants increase in GAPP nursing hours.

Topic: Health Law, Decided by Judge Baxter 
Docket Number: ******* , Decision Date: 2013-11-05 
Attachment: Click here to download the decision. 

The State was not permitted to deny a medically necessary increase in the number of skilled nursing hours Petitioner receives under the Georgia Pediatric Program (GAPP). Petitioner needs daily monitoring by a skilled nurse or trained caregiver to assist with deep suctioning, breathing, monitoring, and administering narcotic medication.  [..] Read More..

Must meet institutional level of care for admission into the TERFA/Katie Beckett Program.

Topic: Health Law, Decided by Judge Baxter 
Docket Number: ***** , Decision Date: 2013-09-11 
Attachment: Click here to download the decision. 

Petitioner was correctly denied admission into the TERFA/Katie Beckett Program because he does not meet the institutional level-of-care eligibility criterion, as his treating physician stated that his skilled-care needs are limited to “[Intravenous immunoglobulin] every three weeks.”

Air quality permit complies with the federal Clean Air Act and Georgia Air Quality Act.

Topic: Environmental Law, Decided by Judge Baxter 
Docket Number: 1342676 , Decision Date: 2013-07-29 
Attachment: Click here to download the decision. 

The Environmental Protection Division (EPD) of the Georgia Department of Natural Resources correctly granted Green Energy Partners an air quality permit that authorizes it to build an 11.5 Megawatt biomass fuel electric generating facility. Citizens for a Healthy and Safe Environment challenged the issuance on [..] Read More..

Delinquent child support obligor permitted passport.

Topic: Child Support, Decided by Judge Baxter 
Docket Number: 1341067 , Decision Date: 2013-06-11 
Attachment: Click here to download the decision. 

While Federal regulations prohibit the issuance of a passport to an applicant who is in arrears on child support obligations by more than $2,500, there is an exemption where the passport is indispensable for generating income needed to pay current support or arrearage.  Petitioner is [..] Read More..

Personal care facility fined for failure to prevent patient elopement.

Topic: Health Law, Decided by Judge Baxter 
Docket Number: 1333619 , Decision Date: 2013-06-04 
Attachment: Click here to download the decision. 

The Department of Community Health (DCH) imposed a fine of $601 on Petitioner for failure to provide proper supervision and oversight of a patient.  Petitioner’s lapse led to the elopement of a schizophrenic patient on four separate occasions.  Petitioner failed to contact DCH on three [..] Read More..

No recoupment of funds where Department coordinator failed to amend ISP.

Topic: Health Law, Decided by Judge Baxter 
Docket Number: 1328859 , Decision Date: 2013-05-03 
Attachment: Click here to download the decision. 

Petitioner, a personal care home, appealed the decision of the Department of Community Health to recoup a year of payments for services to a Medicaid recipient.  The Department’s decision was based upon Petitioner’s failure to adhere to the recipient’s individual service plan (“ISP”).  Judge Baxter [..] Read More..

DECAL limits Food Service Program sites for inadequate record keeping.

Topic: Early Care & Learning, Decided by Judge Baxter 
Docket Number: 1331868 , Decision Date: 2013-03-14 
Attachment: Click here to download the decision. 

The Department of Early Care and Learning (DECAL) limited the number of summer Food Service Program sites that Petitioner may operate because Petitioner had a serious record keeping deficiency.

Minor’s failure to adhere to conditions of DJJ community placement resulted in revocation.

Topic: Juvenile Justice, Decided by Judge Baxter 
Docket Number: ******* , Decision Date: 2013-04-17 
Attachment: Click here to download the decision. 

Petitioner is a youth committed to the Department of Juvenile Justice. The Department revoked Petitioner’s community placement for failure to comply with the conditions of his placement. Petitioner has been sanctioned for a total of five placement violations, including his failure to provide a urine [..] Read More..

Judge denies insurance license to Petitioner who pled guilty to felony possession of marijuana and was arrested for nonsupport of a child.

Topic: Professional Licensing, Decided by Judge Baxter 
Docket Number: 1321117 , Decision Date: 2013-01-16 
Attachment: Click here to download the decision. 

Petitioner appeals Respondent’s denial of his application for a resident insurance agent license. Petitioner was convicted of misdemeanor criminal charges of harassment and disorderly conduct in 2002. In 2008, Petitioner pled guilty to a felony possession of marijuana charge. In 2010, Petitioner was charged with [..] Read More..

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