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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.

Physician cannot waive requirement of in camera review and nondisclosure to the public.

Topic: Professional Licensing, Decided by Judge Walker 
Docket Number: ******* , Decision Date: 2017-02-15 
Attachment: Click here to download the decision. 

Because the governing statute provided that the results of physical and mental examinations at issue in actions against physicians’ licenses “shall be” received in camera and not disclosed to the public, the physician could not exercise any privilege to waive disclosure of the record.

Former party chair falsely claimed to reside in Third Congressional District.

Topic: Elections, Decided by Judge Walker 
Docket Number: 1652126 , Decision Date: 2017-02-06 
Attachment: Click here to download the decision. 

After his home was redistricted from the Third to the Thirteenth Congressional District, the Respondent, the former chair of the Fayette County Republican Party, submitted a voter registration change of address to his rental property, which remained in the Third District after redistricting. However, a [..] Read More..

Facility not entitled to hearing to contest plan of correction.

Topic: Procedure, Decided by Judge Walker 
Docket Number: 1701961 , Decision Date: 2016-09-27 
Attachment: Click here to download the decision. 

The Department of Community Health was required to provide notice and an opportunity for a hearing prior to only certain administrative actions specified by statute.  Therefore, as requiring a facility to submit a plan of correction was not among the administrative actions for which prior [..] Read More..

Suspension inappropriate where educator complied with mandatory reporting requirements.

Topic: Educators, Decided by Judge Teate 
Docket Number: 1642834 , Decision Date: 2016-08-26 
Attachment: Click here to download the decision. 

A high school assistant principal was directed by the principal to investigate an incident involving two students circulating a naked photograph of one of their peers. The assistant principal complied, and later reported her findings to the principal, but did not directly report the incident [..] Read More..

Summer Food Service Program participants must repay disallowances using non-SFSP funds.

Topic: Early Care & Learning, Decided by Judge Walker-Russell 
Docket Number: 1653326 , Decision Date: 2016-07-25 
Attachment: Click here to download the decision. 

The Petitioner, a participant in the Summer Food Service Program (SFSP), was required to repay a debt to SFSP after the Department of Early Care and Learning (DECAL) discovered that it exceeded its state-approved budget for store purchases.  DECAL subsequently sought to disqualify the Petitioner [..] Read More..

Peace officer certification revoked for unprofessional conduct, improper dealings with inmates.

Topic: Professional Licensing, Decided by Judge Howells 
Docket Number: 1707311 , Decision Date: 2016-11-08 
Attachment: Click here to download the decision. 

The Georgia Peace Officer Standards and Training (POST) Council properly revoked the POST certification of a former corrections officer based on evidence that the officer possessed an unauthorized weapon (a shank) around violent inmates, gave special treatment to homosexual inmates, and allowed an inmate with [..] Read More..

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..

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