Judge Miller - Administrative Law Report

Permit for Sea Island’s groin project did not violate Shore Protection Act.

Environmental Law

August 26, 2016

The Shore Protection Committee issued a permit to Sea Island Acquisition, LLC, for the construction and maintenance of a rock groin near the southern end of Sea Island in Glynn... Read More

Resource level required for spouse to live in community must be determined using reasonable method.

Public Health

August 18, 2016

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... Read More

Agency’s adverse action letter failed to comport with standards of due process.

Procedure

August 3, 2016

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... Read More

Medicaid-ineligible spouse must be included to determine income limit for Medicare Savings Programs.

Health Law

July 27, 2016

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... Read More

Allegations not included in Statement of Matters Asserted cannot serve as a basis for sanction.

Professional Licensing

July 21, 2016

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... Read More

Acceptance of partial payment insufficient to show alteration of Admission Agreement.

Health Law

June 6, 2016

The fact that the owner of a personal care home accepted partial payments from a resident did not alter the terms of the Admission Agreement where the resident assured the... Read More