June 2014

Recoupment of Medicaid payments only justified by clear violations of policy.

Health Law

The Georgia Department of Community Health (DCH) was authorized to recoup payments made to a Medicaid provider for one of three alleged violations.  Specifically, it could recoup payments where the provider did not comply with the Provider Manual’s requirement to include Body Mass Index (BMI) calculations as part of nursing assessments.  However, it could not […]

Recoupment of Medicaid payments only justified by clear violations of policy. Read More

Repeated pattern of poor attention to detail demonstrates lack of competence.

Professional Licensing

Petitioner was appropriately denied a resident insurance agent’s license.  Her actions in relation to incurring a criminal charge, taking a plea deal, and misreporting her criminal history all demonstrate poor attention to detail and, therefore, a lack of trustworthiness and competence to act as a licensee.

Repeated pattern of poor attention to detail demonstrates lack of competence. Read More

Failure to file necessary pleading results in default order and dismissal of appeal.

Procedure

Petitioner was found to be in default for failure to file an answer within thirty days of the date a hearing notice was sent by certified mail to her home address.  Petitioner was sent two notices—the second after she refused service of the first. However, the date for purposes of calculating the period for filing

Failure to file necessary pleading results in default order and dismissal of appeal. Read More

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