March 2016

OSAH’s Staff Attorneys 2016

Dominic Capraro, Lisa Boggs, Jennifer Williams and Laurin McDonald By Judge Michael Malihi With the remarkable influx of cases that OSAH receives, and the myriad of complex legal issues presented, we are very fortunate to have four highly-qualified and accomplished staff attorneys, Laurin McDonald, Dominic Capraro, Jennifer Williams, and Lisa Boggs. OSAH’s staff attorneys provide […]

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Roadblock documentation may be admitted without testimony of supervising officer

The state need not produce the testimony of the supervising officer who implemented an administrative roadblock in order for documentation authorizing the roadblock to be admissible.  Testimony of a trooper who was involved in executing the roadblock at issue was sufficient to lay the foundation for admission of the documents and to establish that they

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Doctor subject only to sanctions that are supported with evidence.

The Georgia Composite Medical Board (“the Board”) sought to fine a doctor for failing to employ adequate diagnostic, examination, treatment, and recordkeeping procedures in his treatment of one patient.  Additionally, the Board requested that the doctor pay $265.00 as reimbursement for the peer review, and attend forty hours of continuing medical education.  Finding that the

Doctor subject only to sanctions that are supported with evidence. Read More

Functional limitations must be attributable to intellectual disability, not age, to meet ICF/ID level of care.

The Department of Community Health denied Petitioner’s application for coverage under the Katie Beckett deeming waiver because her caregivers did not demonstrate that she met any institutional level of care. The Court upheld the denial, finding that, although Petitioner appeared to exhibit the requisite functional limitations to require care in an Intermediate Care Facility for

Functional limitations must be attributable to intellectual disability, not age, to meet ICF/ID level of care. Read More

Agency authorized to revoke teaching certificate based on out-of-state disciplinary action.

Facing disciplinary action for misconduct, an educator resigned from his position in Florida and moved to Georgia, where he applied for a teaching certificate.  On his application, the educator failed to disclose that he was at that time under an investigation by the Florida disciplinary authority.  Nor did he disclose, on his application or thereafter,

Agency authorized to revoke teaching certificate based on out-of-state disciplinary action. Read More

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