The Georgia Court of Appeals upheld the decision of the Georgia Tax Tribunal, concurring with Judge Beaudrot’s holding that a government contractor that purchased materials within Georgia was a retail consumer, and therefore liable for sales tax on the materials.
Court of Appeals upholds Tax Tribunal decision on sales tax liability. Read More
Financial eligibility for the Service Options Using Resources in Community Environments (SOURCE) Program is not dependent upon whether the individual is categorically eligible for Medicaid due to his or her receipt of Supplemental Security Income. Rather, under the terms of the Waiver, eligibility extends to individuals whose incomes are less than three times the SSI
SOURCE participation not limited to SSI recipients. Read More
Pursuant to its policy manual, the Division of Family and Children Services determined the income limit for Q-track Medicaid programs according to the federal poverty level for an individual where the applicant had a Medicaid-ineligible spouse. This policy contradicted the plain language of the Medicaid Act, which required that eligibility be determined based on “the
The Georgia Board of Nursing was authorized to impose a sanction against a licensee due to her violation of a consent order wherein she agreed to abstain from alcohol and controlled substances, attend aftercare treatment, and ensure that the Board received quarterly aftercare reports. However, the Board could not base its proposed sanction on allegations
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 income. However, federal authority only instructed the state to use
The Department of Community Health’s letter denying the Petitioner’s request for an increase in occupational therapy was “so lacking in grammar and syntax that it [was] largely incomprehensible,” and thus denied the Petitioner the adequate notice required under Georgia law and the principles of due process.
Agency’s adverse action letter failed to comport with standards of due process. Read More
