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Revised OSAH Rules Are in Effect

Topic: Court News

On May 8, 2020, the Office of State Administrative Hearings announced an extensive reorganization and update of its Rules in order to make the administrative hearing process more navigable and accessible to the public.  After a notice and comment period, the Rules were adopted on June 22, 2020, and went into effect on July 12, 2020.  Click here to review the Rules on OSAH’s website.

All Hearings Cancelled for March 16-31, 2020

Topic: Court News

All administrative hearings before OSAH Judges have been cancelled for March 16 through March 31, 2020.  These cancellations are for all hearing locations in every county of the State of Georgia.  All hearings will be rescheduled.

These cancellations are out of an abundance of caution and in the best interest of the health and safety of litigants and our Court’s staff, given the prevalence of COVID-19.

For the latest updates, visit the home page of osah.ga.gov.  For questions about specific cases, contact the Judge’s Assistant assigned to your case.

Petition for Direct Appeal Granted

Topic: Direct Appeal, Decided by Judge Malihi 
Docket Number: 1933160 , Decision Date: 2019-04-30 
Attachment: Click here to download the decision. 

Petition for direct appeal to OSAH, pursuant to O.C.G.A. § 50-13-41(a)(1), was granted where petitioner had submitted a timely hearing request to the agency and more than ninety days passed without the agency referring the case to OSAH.

Petition for Direct Appeal Denied

Topic: Direct Appeal, Decided by Judge Teate 
Docket Number: 2017622 , Decision Date: 2019-12-11 
Attachment: Click here to download the decision. 

Petition for direct appeal to OSAH in two matters, pursuant to O.C.G.A. § 50-13-41(a)(1), was denied because (1) there was no contested case to be adjudicated, and (2) the petitioner did not provide the date on which he submitted a hearing request to the agency.

Medicaid Reimbursement Calculation

Topic: Health Law, Decided by Judge Barnes 
Docket Number: 1926998 , Decision Date: 2019-12-22 
Attachment: Click here to download the decision. 

Where five nursing facilities reduced their licensed bed capacities, creating semi-private rooms and increasing the square footage per bed, the agency was directed to recalculate the property component of the Medicaid reimbursement rates.

Private Home Care Provider Licensing

Topic: Health Law, Decided by Judge Schroer 
Docket Number: 2012779 , Decision Date: 2020-02-12 
Attachment: Click here to download the decision. 

After a DCH inspector twice failed to gain entry to the office of the private home care provider for unannounced inspections, DCH revoked the Petitioner’s license.  The decision to revoke the license was reversed and remanded; instead, the appropriate sanction was suspension of the license [..] Read More..

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