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Staged procedures may be covered by Medicaid where shown to be medically necessary.

Topic: Medicaid Eligibility, Decided by Judge Malihi 
Docket Number: 1737794 , Decision Date: 2017-08-25 
Attachment: Click here to download the decision. 

DCH erred by denying prior Medicaid authorization for a bilateral nipple/areola reconstruction and nipple tattooing procedure incident to bilateral breast reduction surgery, the fact that both procedures were not performed simultaneously notwithstanding, where the surgeon seeking Medicaid coverage for the procedure proved, through his own [..] Read More..

Drainage structure for airport taxiways may be constructed within fifty feet of trout stream.

Topic: Environmental Law, Decided by Judge Malihi 
Docket Number: 1740579 , Decision Date: 2017-10-11 
Attachment: Click here to download the decision. 

The Paulding County Airport Authority (PCAA) did not require a buffer variance in order to obtain coverage under a National Pollutant Discharge Elimination System permit for the purpose of piping a trout stream because the pipe constituted a roadway drainage structure and was therefore exempt from the [..] Read More..

Denial of permit for sign within 500 feet of already-permitted sign on the same side of highway upheld.

Topic: Outdoor Advertising, Decided by Judge Schroer 
Docket Number: 1726721 , Decision Date: 2017-08-25 
Attachment: Click here to download the decision. 

An applicant for an outdoor advertising sign challenged the Georgia Department of Transportation’s (“GDOT’s”) denial of his application for a permit to erect a sign alongside State Route 20 because the proposed sign would be within 500 feet of a sign permitted to Georgia 400, [..] Read More..

Exception for pickups and deliveries on county-maintained roads.

Topic: Overweight Trucks, Decided by Judge Brown 
Docket Number: 1736154 , Decision Date: 2017-07-24 
Attachment: Click here to download the decision. 

The owner of a timber hauling company who caused an overweight vehicle and load to be operated on a county-maintained road was not subject to a fine because the vehicle was picking up a load of timber, which the owner had earlier left alongside the [..] Read More..

Texas income deduction order did not preclude Georgia’s interception of obligor’s tax refund.

Topic: Child Support, Decided by Judge Brown 
Docket Number: 1736506 , Decision Date: 2017-08-24 
Attachment: Click here to download the decision. 

The Department of Human Services, Division of Child Support Services (CSS), was authorized to intercept a child support obligor’s tax refund, notwithstanding the existence of an income deduction order in Texas, where the obligor resided, because the Texas order solely intercepted the obligor’s Social Security [..] Read More..

Food stamp applicant presented sufficient evidence of recurring expenses for prescription drugs.

Topic: Public Assistance, Decided by Judge Malihi 
Docket Number: ******* , Decision Date: 2017-08-29 
Attachment: Click here to download the decision. 

Two printouts from medical insurance provider evidencing that a food stamp applicant made two payments for prescription medication in separate months and that each refill was for a 30 days’ supply, together with a note from the beneficiary’s doctor, sufficiently demonstrated that the applicant’s medical [..] Read More..

Operator of inert landfill did not have vested right to permit.

Topic: Environmental Law, Decided by Judge Malihi 
Docket Number: 1729095 , Decision Date: 2017-09-25 
Attachment: Click here to download the decision. 

Under amendments to the regulations of the Georgia Department of Natural Resources, Environmental Protections Division (“EPD”), owners and operators of inert landfills were required to either obtain a solid waste handling permit or a certification from a professional engineer stating that their facilities were in [..] Read More..

Petitioner did not receive earned income such as would disqualify him from Senior SNAP.

Topic: Public Assistance, Decided by Judge Malihi 
Docket Number: ******* , Decision Date: 2017-01-30 
Attachment: Click here to download the decision. 

Vague, second-hand testimony to the effect that a recipient of food stamp benefits under “Senior SNAP” was working as a “self-employed electrician” insufficient to disqualify him from the program.

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..

Durable power of attorney for healthcare is not equivalent to advance directive

Topic: Health Law, Decided by Judge Brown 
Docket Number: 1707847 , Decision Date: 2016-12-13 
Attachment: Click here to download the decision. 

Staff members of a personal care home (PCH) did not perform CPR on a resident upon discovering him unconscious.  The owner of the PCH argued that its staff members were not obligated to perform CPR because the resident had a durable power of attorney for [..] Read More..

Transfer penalty must be applied month of asset transfer or date of Medicaid eligibility

Topic: Health Law, Decided by Judge Teate 
Docket Number: ******* , Decision Date: 2016-12-16 
Attachment: Click here to download the decision. 

After she received a $41,000 lump-sum settlement in a lawsuit, a nursing home resident made a gift of $23,724.  She simultaneously loaned $16,000 to her daughter, who executed a promissory note obligating her to repay the sum in monthly installments for the resident’s nursing home [..] Read More..

Officer’s POST certificate revoked after she abandoned her post to have an inmate perform cosmetic services on her.

Topic: Professional Licensing, Decided by Judge Malihi 
Docket Number: 1712780 , Decision Date: 2017-01-05 
Attachment: Click here to download the decision. 

The Peace Officer Standards and Training (POST) Council appropriately revoked the POST certification of a corrections officer after she abandoned her assigned post at Hancock State Prison in order to have an inmate perform unauthorized cosmetic services on her elsewhere in the facility.

Transfer penalty inappropriate because real property was sold for current market value.

Topic: Medicaid Eligibility, Decided by Judge Malihi 
Docket Number: ******* , Decision Date: 2017-01-10 
Attachment: Click here to download the decision. 

A nursing home resident proved that his property was worth significantly less than was alleged by the Division of Family and Children Services by submitting the affidavit of a realtor and a retroactive broker’s price opinion.  Therefore, DFCS’s assessment of a transfer of assets penalty [..] Read More..

Testimony of two witnesses sufficient to overcome DUI suspect’s claim that she was not driving.

Topic: DUI, Decided by Judge Brown 
Docket Number: 1705104 , Decision Date: 2016-09-13 
Attachment: Click here to download the decision. 

The state established that a driver had been operating her vehicle while intoxicated, despite the fact that the arresting officer never actually witnessed her driving, by presenting two witnesses who testified that they had witnessed the driver operate her vehicle, become involved in a collision, [..] Read More..

Revocation of driver’s license upheld where driver susceptible to loss of consciousness.

Topic: Health Law, Decided by Judge Teate 
Docket Number: 1645561 , Decision Date: 2016-09-13 
Attachment: Click here to download the decision. 

The Department of Driver’s Services properly revoked a driver’s license because the driver suffered a loss of consciousness and his providers did not thereafter produce documentation that he had been free of episodes of unconsciousness for one year.

Receipt of Emergency Medicaid requires proof of Georgia residency.

Topic: Medicaid Eligibility, Decided by Judge Baxter 
Docket Number: ******* , Decision Date: 2016-06-08 
Attachment: Click here to download the decision. 

A citizen of Belize who was flown into Georgia to receive treatment after a butane tank explosion in Belize was not entitled to Emergency Medicaid because he did not establish Georgia residency.

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..

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..

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..

Judge ruled on value of conservation easement for tax credit purposes.

Topic: Environmental Law, Decided by Judge Baxter 
Docket Number: 1635204 , Decision Date: 2017-07-11 
Attachment: Click here to download the decision. 

The Department of Natural Resources’ (DNR) certification of a $67,500 tax credit for Petitioner River Refuge, LLC’s donation of a conservation easement was supported by a preponderance of the evidence.  DNR based the amount of the tax credit on an appraisal completed by the State [..] 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.

Officer parking behind Petitioner but not fully blocking him constituted a first-tier encounter

Topic: DUI, Decided by Judge Miller 
Docket Number: 1726445 , Decision Date: 2017-04-12 
Attachment: Click here to download the decision. 

An officer did not initiate a traffic stop requiring reasonable articulable suspicion by parking his patrol car behind another vehicle, approaching the driver, and asking about his previous and current activities.

The agency failed to support its position that blindness/hearing loss were not functional impairments.

Topic: Medicaid Eligibility, Decided by Judge Malihi 
Docket Number: ******* , Decision Date: 2017-06-08 
Attachment: Click here to download the decision. 

The Department of Community Health failed to support its argument that a SOURCE beneficiary could not show that she met the level of care requirements through evidence of blindness and partial hearing loss because such deficits did not constitute “functional impairments” covered by the Program.

Reconsideration granted where body-cam footage showed that office read implied consent prior to placing driver under arrest.

Topic: DUI, Decided by Judge Teate 
Docket Number: 1715842 , Decision Date: 2017-05-31 
Attachment: Click here to download the decision. 

The Department of Driver Services was not authorized to suspend a driver’s license because, as shown on bodycam footage, the driver was read the implied consent notice prior to being placed under arrest.

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.

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