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..

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..

Resource level required for spouse to live in community must be determined using reasonable method.

Topic: Public Health, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2016-08-18 
Attachment: Click here to download the decision. 

A nursing home resident and his spouse, who resided in the community, were denied Nursing Home Medicaid because their combined resources exceeded program limits.  Federal law allowed for redetermination of the resource limit where it was necessary to allow the community spouse to generate sufficient [..] Read More..

Company did not “reproduce” WIC vendor stamp by using generic stamp to clarify store number.

Topic: Public Health, Decided by Judge Kennedy 
Docket Number: 1637592 , Decision Date: 2016-05-02 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

The parent company of several WIC-participating grocery stores used a generic four-digit rotary stamp to clarify the store numbers on vouchers that had been returned for illegible or missing vendor stamp imprints.  The Department of Public Health sought to terminate WIC participation for several of [..] Read More..

Vendor disqualified for six months for keeping expired food items in stock..

Topic: Public Health, Decided by Judge Kennedy 
Docket Number: 1619233 , Decision Date: 2016-01-04 
Attachment: Click here to download the decision. 

The Department of Public Health determined after investigation that, on three separate occasions, a WIC vendor had kept one or more WIC-approved food items that were outside of the manufacturer’s expiration date in stock, despite having received several warnings.  Accordingly, the vendor was subject to [..] Read More..

Wal-Mart store terminated from WIC participation for reproducing vendor stamp.

Topic: Public Health, Decided by Judge Kennedy 
Docket Number: 1606570 , Decision Date: 2015-12-08 
Attachment: Click here to download the decision. 

Employees of a local Wal-Mart store reproduced the store’s state-issued WIC vendor stamp in violation of its vendor agreement, and used the unapproved stamp on fifty-seven WIC vouchers.  The Department of Public Health terminated the store’s vendor agreement, resulting in a disqualification period of one [..] Read More..

Vendor terminated for failure to meet minimum square footage requirement.

Topic: Public Health, Decided by Judge Miller 
Docket Number: 1561610 , Decision Date: 2015-10-02 
Attachment: Click here to download the decision. 

The Georgia WIC Program requires vendors to maintain 3,000 square feet of continuous retail food sales space open to the public, including administrative and storage space. The store at issue only contained 2,138 square feet of continuous retail food sales space, including administrative and storage [..] Read More..

Septic tank contractor decertified for faulty repairs, questionable business practices.

Topic: Public Health, Decided by Judge Howells 
Docket Number: 1558056 , Decision Date: 2015-07-31 
Attachment: Click here to download the decision. 

Petitioner performed faulty repairs on an on-site sewage management system.  Specifically, he unnecessarily installed cleanout pipes in the system’s drainfield, treated the system with harsh chemicals, and failed to apply glue to pipe components, causing damage to the septic system.  Petitioner also failed to apply [..] 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..

Vendor disqualified from the WIC Program for three years for multiple program violations.

Topic: Public Health, Decided by Judge Baxter 
Docket Number: 1514909 , Decision Date: 2014-12-12 
Attachment: Click here to download the decision. 

The Department of Public Health sought to disqualify Petitioner, a vendor, from the Georgia Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) for program violations discovered during an audit.  Specifically, the vendor redeemed WIC vouchers in amounts that were not supported by its [..] Read More..

Personal care home cannot provide care to insulin-dependent residents without appropriate personnel.

Topic: Public Health, Decided by Judge Woodard 
Docket Number: 1501923 , Decision Date: 2014-12-30 
Attachment: Click here to download the decision. 

The Department of Community Health restricted the license of a Personal Care Home (PCH) such that it could not care for insulin-dependent residents after it discovered that the PCH did not have a licensed individual or a proxy caregiver available to monitor glucose levels and/or [..] Read More..

Narcotic Treatment Program’s certification revoked for serious violations of governing law.

Topic: Public Health, Decided by Judge Teate 
Docket Number: 1512293 , Decision Date: 2014-12-30 
Attachment: Click here to download the decision. 

The Department of Community Health (“the Department’) sought to revoke New Serenity’s certification to operate a Narcotics Treatment Program after it discovered nine violations during a site visit, including severe staffing and record-keeping deficits.  Although New Serenity submitted several plans of correction to the Department, [..] Read More..

Personal care home fined for having water temperatures that far exceeded regulatory limits.

Topic: Public Health, Decided by Judge Woodard 
Docket Number: 1456804 , Decision Date: 2014-10-24 
Attachment: Click here to download the decision. 

Petitioner, a licensed personal care home, was fined $601.00 after a routine inspection found that the facility’s bathrooms had hot water levels that were twenty degrees over the maximum limit set by the Department of Community Health.

Facility fined for failure to provide access to inspectors.

Topic: Public Health, Decided by Judge Walker 
Docket Number: 1501919 , Decision Date: 2014-09-29 
Attachment: Click here to download the decision. 

The Department of Community Health’s decision to fine a Private Home Care Provider was upheld where the facility’s owner failed on two occasions to provide the Department’s inspectors with access to the facility.

Violating WIC rules and regulations results in vendor disqualification.

Topic: Public Health, Decided by Judge Woodard 
Docket Number: 1414463 , Decision Date: 2014-04-24 
Attachment: Click here to download the decision. 

Petitioner, Zam Zam International Foods, Inc., formerly an authorized WIC vendor, was disqualified from Georgia WIC, and its vendor agreement terminated, for redeeming WIC vouchers in amounts exceeding its documented inventory of certain WIC-eligible products.  Petitioner also failed to adhere to the Georgia Department of [..] Read More..

Georgia Supreme Court dismisses appeal as moot where disqualification period had already expired.

Topic: Public Health, Decided by Judge Gatto 
Docket Number: 1114919 , Decision Date: 2011-02-03 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

In February 2011, Judge John B. Gatto modified the Department of Community Health’s one-year disqualification of Babies Right Start, Inc. (BRS) to a six months’ probationary period in the Special Supplemental Food Program for Women, Infants, and Children (WIC).  An Agency Appeals Reviewer reversed Judge [..] Read More..

Store disqualified from participation in WIC for multiple program violations.

Topic: Public Health, Decided by Judge Teate 
Docket Number: 1339978 , Decision Date: 2013-08-06 
Attachment: Click here to download the decision. 

A store was disqualified from participating in the Women, Infants, and Children (WIC) Program for three years as a result of multiple violations of WIC rules, including redeeming food for an amount exceeding the purchase price and for permitting purchases of non-WIC eligible items with [..] Read More..