« Previous Page

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..

Cognitively alert applicant eligible for the Independent Care Waiver Program.

Topic: Medicaid Eligibility, Decided by Judge Schroer 
Docket Number: ***** , Decision Date: 2013-10-25 
Attachment: Click here to download the decision. 

Judge reversed and remanded the denial of Petitioner’s application for the Independent Care Waiver Program (ICWP), because he meets both the eligibility criteria for entry and the service specifications for his requested services.  Specifically, he qualifies for Personal Support Services Level III as he is [..] Read More..

Addiction recovery and rehabilitation outweighs unsatisfactory criminal history.

Topic: Early Care & Learning, Decided by Judge Schroer 
Docket Number: ***** , Decision Date: 2013-08-14 
Attachment: Click here to download the decision. 

Petitioner may work at a daycare facility because his unsatisfactory criminal history was mitigated by subsequent addiction recovery and rehabilitation, lack of evidence of physical harm to a victim, and no propensity for cruel behavior or behavior involving moral turpitude.

Insurance fraud conviction precludes approval of an application to be a foster care parent.

Topic: Foster Care, Decided by Judge Schroer 
Docket Number: ***** , Decision Date: 2013-08-15 
Attachment: Click here to download the decision. 

A foster care applicant’s recent insurance fraud conviction precluded her from becoming a foster parent.  The applicant failed to show that she had no propensity for behavior involving moral turpitude.

Contract provisions prevail when terms are clear for recoupment.

Topic: Care Management Organization, Decided by Judge Schroer 
Docket Number: 1325889 , Decision Date: 2013-07-29 
Attachment: Click here to download the decision. 

Where a contract provides for two methods of payment, the Care Management Organization is permitted to compensate the hospital at the lower rate and recoup payments made at the higher rate as erroneous.

Sterling reputation as an educator weighed against seriousness of violations.

Topic: Educators, Decided by Judge Schroer 
Docket Number: 1332647 , Decision Date: 2013-07-19 
Attachment: Click here to download the decision. 

Petitioner owned and operated a daycare. Because Petitioner knew she was in violation of a maximum capacity requirement, she hid four children outside during a Georgia Department of Early Care and Learning (DECAL) inspection of the facility. When the children were discovered, she denied that [..] Read More..

Testimony by two-way video permitted for good cause.

Topic: Technology, Decided by Judge Schroer 
Docket Number: 1238062 , Decision Date: 2013-06-28 
Attachment: Click here to download the decision. 

Testimony by two-way video is permitted where the witnesses are non-parties, are otherwise unavailable, and live out of state.

Interloctory order in insurance case.

Topic: Insurance, Decided by Judge Schroer 
Docket Number: 1238062 , Decision Date: 2013-04-01 
Attachment: Click here to download the decision. 

The Commissioner of Insurance filed a show cause order against several respondents relating to the sale of limited medical insurance benefits as part of expanded membership in the National Better Living Association (NBLA).  On cross motions for summary determination, Judge Schroer ruled on four issues.  [..] Read More..

Medicaid “outlier” claim was timely filed due to mutual action amending terms of contract.

Topic: Care Management Organization, Decided by Judge Schroer 
Docket Number: 1227794 , Decision Date: 2012-08-20 
Attachment: Click here to download the decision. 

Peach State Health Plan, a private Care Management Organization, acting as agent of the Department of Community Health, denied the Medical Center of Central Georgia’s (“MCCG”) request for “outlier” payments (i.e., payments for unusually expensive services) for untimeliness.  By contract, outlier claims must be made [..] Read More..

Non-custodial parent’s state licenses suspended for failure to pay $21,417.08 in child support.

Topic: Human Services, Decided by Judge Schroer 
Docket Number: ******* , Decision Date: 2013-02-08 
Attachment: Click here to download the decision. 

Petitioner, who has only been sporadically employed since 2007, has consistently failed to meet his child support obligations, despite multiple contempt orders. Even in light of his financial struggles, Petitioner did not show he is unable to pay child support. The judge thus affirmed the [..] Read More..

Judge rejects suspension of a principal’s teaching certificate after principal resigns.

Topic: Educators, Decided by Judge Schroer 
Docket Number: 1311693 , Decision Date: 2012-12-21 
Attachment: Click here to download the decision. 

The Professional Standards Commission sought to suspend Petitioner’s teaching certificate for 90 days after she resigned as principal at the Ivy Preparatory Academy at Kirkwood for Boys after providing only five days’ notice. Petitioner became principal shortly after the school was granted its charter. The [..] Read More..

Real estate license not revoked in light of reputation for honesty.

Topic: Professional Licensing, Decided by Judge Schroer 
Docket Number: 1316939 , Decision Date: 2013-01-14 
Attachment: Click here to download the decision. 

Respondent ran for mayor of Covington in 2011. During his campaign, a young man offered to sell Respondent his opponent’s yard signs that were taken from yards. Respondent took the signs, but stated that he intended to return them to his opponent. Respondent pled guilty [..] Read More..

« Previous Page