July 2013

Petitioner erroneously denied Medicaid as “over income” need not reapply but DFCS can deny application on other grounds.

Respondent, the Division of Family and Children Services (DFCS), stipulated that its denial of Petitioner’s application for Nursing Home Medicaid was erroneous.  The error was due to a failure to exclude Aid and Attendance Department of Veterans’ Affairs (VA) benefits, which are not counted as income for Medicaid eligibility purposes.  Judge Woodard held that Petitioner […]

Petitioner erroneously denied Medicaid as “over income” need not reapply but DFCS can deny application on other grounds. Read More

Teaching certificate revoked after educator failed to report daughter’s sexual abuse.

Judge Miller affirmed the revocation of Petitioner’s certificate to teach in the State of Georgia.  As a certified teacher, Petitioner was a mandated reporter of suspected child abuse, including suspected abuse of her own child.  Petitioner knew that her daughter had been sexually abused by her husband but failed to report it to the police

Teaching certificate revoked after educator failed to report daughter’s sexual abuse. Read More

GAPP Medically Fragile Daycare not appropriate in light of surgical correction and absence of skilled care needs.

Petitioner, an applicant for Medically Fragile Daycare services within the Georgia Pediatric Program, was appropriately denied entry into the program.  First, her heart condition had been corrected by surgery.  Second, her requested services (medication administration, G-tube feedings, and vital sign monitoring) could be competently performed by her caregiver.  She had, therefore, no need for skilled

GAPP Medically Fragile Daycare not appropriate in light of surgical correction and absence of skilled care needs. Read More

License suspended after driver refused state-administered chemical test.

Judge affirmed the administrative suspension of Petitioner’s driver’s license.  After being pulled over for an inoperative taillight, the officer noted a strong odor of alcohol and physical manifestations of intoxication.  The officer read Petitioner the implied consent notice; Petitioner refused to consent and suspension was, therefore, proper.

License suspended after driver refused state-administered chemical test. Read More

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