admin, Author at Administrative Law Report

Department’s failure to provide Deferred Adoption Assistance Agreement upon request before adoption justified entry into agreement after adoption.

The Department of Human Services denied Petitioners, adoptive parents, entry into a Deferred Adoption Assistance Agreement, because the agreement was not entered into before the finalization of the adoption. However, the Petitioners requested the agreement before the adoption was finalized, and the Department’s failure to act constituted an extenuating circumstance, justifying entry into the agreement […]

Department’s failure to provide Deferred Adoption Assistance Agreement upon request before adoption justified entry into agreement after adoption. Read More

NCCI Manual requires refund of all excess insurance premiums.

Insurance

The Basic Manual for Workers’ Compensation and Employers’ Liability Insurance, published by the National Council on Compensation Insurance (NCCI), which is incorporated into all workers’ compensation policies in Georgia, can only reasonably be interpreted to require the refund of all excess premiums resulting from the misclassification of employees. The phrase “inception of the policy,” in

NCCI Manual requires refund of all excess insurance premiums. Read More

Reimbursement for job-related expenses not income for food stamp purposes.

Public Assistance

For purposes of determining food stamp eligibility, income does not include non-taxable per diem reimbursements for the expense of meals and lodging incurred in connection with employment.

Reimbursement for job-related expenses not income for food stamp purposes. Read More

Imminent danger to children justifies emergency closure of child care facility.

Early Care & Learning

The Georgia Department of Early Care and Learning properly ordered the emergency closure of a licensed family day care home as a result of the imminent danger posed to children. Specifically, a child in the facility’s care was admitted to the hospital for an emergency craniotomy. Available medical evidence suggested the toddler was subjected to

Imminent danger to children justifies emergency closure of child care facility. Read More

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