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Where a valid court order of support exists, Respondent must increase a nursing home community spouse’s monthly income allowance by the amount of the ordered support.

Topic: Medicaid Eligibility, Decided by Judge Schroer 
Docket Number: ******* , Decision Date: 2017-03-13 
Attachment: Click here to download the decision. 

When determining the amount a nursing home resident must pay each month toward the costs of care in a nursing facility, if the resident has a community spouse and a valid court order of support against the resident exists, DFCS must first deduct the amount [..] Read More..

Hearsay within hearsay was not admissible under the business/public records exception.

Topic: Public Health, Decided by Judge Schroer 
Docket Number: 1642575 , Decision Date: 2016-08-29 
Attachment: Click here to download the decision. 

Although inspection reports and a sheriff’s report could be admissible under the business and/or public records exceptions to the hearsay rule, the statements from third parties within those reports did not fall under those exceptions and, as they did not fit under other exceptions to [..] Read More..

Educator suspended for showing up to school intoxicated.

Topic: Educators, Decided by Judge Schroer 
Docket Number: 1636724 , Decision Date: 2016-07-14 
Attachment: Click here to download the decision. 

The results of a preliminary breath test performed on a portable device were entitled to no evidentiary weight absent evidence that the device was approved for use as an initial alcohol screening device, and could not support the Professional Standards Commission’s finding that a teacher [..] Read More..

Care management organization failed to demonstrate authority to recover reimbursements.

Topic: Public Health, Decided by Judge Schroer 
Docket Number: 1638270 , Decision Date: 2016-08-04 
Attachment: Click here to download the decision. 

Peach State Health Plan (Peach State), a care management organization (CMO) sought to recover payments made to JLD, a speech therapy provider, based primarily on its determination that JLD failed to document the duration of speech therapy sessions.  However, in the absence of a contract [..] Read More..

Weight of vehicle obtained on uncalibrated scale insufficient to establish violation.

Topic: Overweight Trucks, Decided by Judge Schroer 
Docket Number: 1556276 , Decision Date: 2015-08-21 
Attachment: Click here to download the decision. 

The Department of Public Safety failed to demonstrate that the weight of a tractor-trailer’s axles exceeded permitted limits because the static scale used to measure the axle weights had not been calibrated and the trucking company presented credible evidence to refute the accuracy of the [..] Read More..

Deviation from financial eligibility formula set forth in Medicaid Manual improper.

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

Petitioner was properly denied Medicaid under the “Qualified Medicare Beneficiary” class of assistance, as her total net income exceeded the income limit for that Medicaid category.  Petitioner is eligible for, and will continue to receive, “Specified Low-Income Medicare Beneficiary” Medicaid.  The Court has no authority [..] Read More..

Out-of-court statements admissible to show reasonable grounds to believe suspect had been lawfully arrested for DUI.

Topic: DUI, Decided by Judge Schroer 
Docket Number: 1551512 , Decision Date: 2015-06-29 
Attachment: Click here to download the decision. 

Petitioner challenged the suspension of his driver’s license because the stop of his vehicle was unsupported by in-court testimony.  The arresting officer’s testimony regarding the statements of the stopping officer, Petitioner argued, was hearsay, and therefore inadmissible to support the validity of the stop.   However, [..] Read More..

Nursing facility resident discharged following sexual assault on roommate.

Topic: Bill of Rights, Decided by Judge Schroer 
Docket Number: ******* , Decision Date: 2015-05-01 
Attachment: Click here to download the decision. 

A skilled nursing and rehabilitation facility sought to discharge one of its residents following an incident in which the resident made inappropriate sexual contact with his roommate, who suffered mental anguish as a result of the incident.  The Court upheld the discharge, finding that the [..] Read More..

Personal care home fined $36,400 for operating without a license.

Topic: Public Health, Decided by Judge Schroer 
Docket Number: 1531201 , Decision Date: 2015-03-20 
Attachment: Click here to download the decision. 

Petitioner was required to obtain a license for her facility, which fit the definition of a personal care home because it provided housing, food, and supervised the self-administration of medicine. When she neglected to obtain a license, even after receiving notice of the violation, she [..] Read More..

State may recoup reimbursements for child care services that were unsupported by facility’s records.

Topic: Early Care & Learning, Decided by Judge Schroer 
Docket Number: 1450652 , Decision Date: 2014-10-14 
Attachment: Click here to download the decision. 

Inspiration Station Academy (“the Center”), a daycare, received subsidies from the Department of Early Care and Learning (DECAL) through the Childcare and Parent Services (CAPS) Program.   Pursuant to an agreement with DECAL, the Center was required to keep attendance records for each child for whom [..] Read More..

No ethics violation where possible abuse reported within twenty-four hours.

Topic: Educators, Decided by Judge Schroer 
Docket Number: 1452071 , Decision Date: 2014-10-18 
Attachment: Click here to download the decision. 

Petitioner, a kindergarten teacher, did not alert her superiors after she noticed redness on a student’s arm and the student reported being spanked by her mother.  However, Petitioner reported to a counselor that there was a small bruise on the student’s arm the following morning.  [..] Read More..

School District proved its school is the appropriate setting for a child taking immunosuppressive medication.

Topic: Special Education, Decided by Judge Schroer 
Docket Number: 1450305 , Decision Date: 2014-09-10 
Attachment: Click here to download the decision. 

Petitioner, a severely disabled eleven-year-old on immunosuppressive medication, argued that attending public school would be hazardous to his health because of his compromised immune system.  However, the School District demonstrated that the school where Petitioner would attend had a small student population and a highly-trained [..] Read More..

Insured must pay retroactive workers’ compensation insurance premiums for failing to include family employees’ wages.

Topic: Insurance, Decided by Judge Schroer 
Docket Number: 1449855 , Decision Date: 2014-09-03 
Attachment: Click here to download the decision. 

Petitioner did not report the annual wages he paid to his sons, who were employees in his carpentry business, on his applications for workers’ compensation insurance coverage, relying on erroneous advice that he was not required to include family employees under his workers’ compensation coverage.  [..] Read More..

Mitigating factors and evidence of good character support issuance of probationary license.

Topic: Insurance, Decided by Judge Schroer 
Docket Number: 1459122 , Decision Date: 2014-09-30 
Attachment: Click here to download the decision. 

The Georgia Department of Insurance denied Petitioner’s Resident Insurance Agent License Application due to Petitioner’s non-disclosure two separate criminal convictions in 2009 – one a misdemeanor shoplifting offense, and the other an attempted armed robbery – on his license application and because he received a [..] Read More..

Egregiousness of child care center’s conduct and continued violation of transportation rules justify revocation of its license.

Topic: Early Care & Learning, Decided by Judge Schroer 
Docket Number: 1454585 , Decision Date: 2014-09-04 
Attachment: Click here to download the decision. 

Charlotte’s Webb Learning Center’s (the Center’s) rule violations led to a child being left in one of its vehicle for hours.  This incident, as well as the lack of cooperation and candor the Center’s owner and staff members exhibited during an investigation into the incident [..] Read More..

Must show harm in order to obtain relief for a deviation from an individualized education program.

Topic: Educators, Decided by Judge Schroer 
Docket Number: ***** , Decision Date: 2014-07-14 
Attachment: Click here to download the decision. 

Although a School District violated procedural safeguards under the Individuals with Disabilities Education Improvement Act (IDEA) by providing services different from those specified in Petitioner’s Individualized Education Program (IEP), Petitioner was not entitled to relief inasmuch as Petitioner could not show that the changes actually [..] Read More..

Viewpoint one: Constitutionality of roadblock is outside the scope of Administrative License Suspension hearing.

Topic: DUI, Decided by Judge Schroer 
Docket Number: 1101047 , Decision Date: 2010-08-31 
Attachment: Click here to download the decision. 

In Sankeralli v. the Department of Drivers’ Services, Judge Schroer held that the constitutionality of the roadblock that lead to the driver’s arrest for driving under the influence (DUI) is outside the scope of an Administrative License Suspension hearing, because the exclusionary rule, the remedy [..] Read More..

Driver did not meet burden of demonstrating rescission of refusal to take test.

Topic: DUI, Decided by Judge Schroer 
Docket Number: 1412425 , Decision Date: 2013-12-26 
Attachment: Click here to download the decision. 

The driver could not prove that she had properly rescinded her initial refusal to take the state-administered chemical test, because the arresting officer was unable to observe her for the entire duration of her arrest, a factor the courts must consider in determining whether a [..] Read More..

Crime lab report proved blood alcohol test properly administered.

Topic: DUI, Decided by Judge Schroer 
Docket Number: 0913635 , Decision Date: 2009-01-29 
Attachment: Click here to download the decision. 

For the purposes of a license suspension hearing, an arresting officer need only submit a copy of the crime lab report to prove that a blood alcohol test was properly administered by an individual possessing a valid permit on an instrument in good working order. [..] Read More..

Administration of Diastat on bus a necessary supportive service.

Topic: Special Education, Decided by Judge Schroer 
Docket Number: ***** , Decision Date: 2014-04-30 
Attachment: Click here to download the decision. 

Plaintiffs were denied procedural and substantive rights guaranteed under the Individuals with Disabilities Education Improvement Act (IDEA).  The parent was denied procedural rights when: (1) the school district did not have a knowledgeable agency representative with the authority to commit agency resources at an IEP [..] Read More..

NCCI Manual requires refund of all excess insurance premiums.

Topic: Insurance, Decided by Judge Schroer 
Docket Number: 1416562 , Decision Date: 2014-05-07 
Attachment: Click here to download the decision. 

The Basic Manual for Workers’ Compensation and Employers’ Liability Insurance, published by the National Council on Compensation Insurance (NCCI), which is incorporated into all workers’ compensation policies in Georgia, can only reasonably be interpreted to require the refund of all excess premiums resulting from the [..] Read More..

Superior Court affirms Judge Schroer’s decision to terminate Petitioner from the Child and Adult Care Food Program.

Topic: Early Care & Learning, Decided by Judge Schroer 
Docket Number: 1408966 , Decision Date: 2013-11-01 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

The Superior Court of Cobb County affirmed Judge Schroer’s decision to terminate and disqualify Petitioner, the operator of a child care center, from participation in the Child and Adult Care Food Program (CACFP). The Department disqualified Petitioner from the CACFP program after finding that the owner [..] Read More..

A conditional discharge is not a criminal conviction for purposes of food stamp benefits.

Topic: Public Assistance, Decided by Judge Schroer 
Docket Number: ***** , Decision Date: 2014-01-10 
Attachment: Click here to download the decision. 

The Office of Inspector General (OIS) was not permitted to administratively disqualify Petitioner, a food stamp recipient, from receiving benefits, nor could it collect an overissuance of food stamps.  OIS asserted that Petitioner had committed food stamp fraud by failing to report a felony drug [..] Read More..

The Department may not reduce skilled nursing hours when it jeopardizes the child’s health.

Topic: Health Law, Decided by Judge Schroer 
Docket Number: ******* , Decision Date: 2013-11-25 
Attachment: Click here to download the decision. 

Reducing a child’s skilled nursing hours did not meet the state’s obligation to provide early and periodic screening, diagnostic, and treatment (EPSDT) through the Georgia Pediatric Program (GAPP), because the child’s condition was extremely fragile and there was a high risk of rapid deterioration and [..] Read More..

Dismissal of a due process complaint is with prejudice unless Petitioner shows good cause.

Topic: Educators, Decided by Judge Schroer 
Docket Number: ******* , Decision Date: 2013-10-29 
Attachment: Click here to download the decision. 

Petitioner sought to withdraw her request for a due process hearing without prejudice, meaning she wished to retain the ability to re-file the complaint at a later date.  However, Petitioner must show good cause in order to obtain a dismissal without prejudice and provide the [..] Read More..

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