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Food stamp applicant presented sufficient evidence of recurring expenses for prescription drugs.

Two printouts from medical insurance provider evidencing that a food stamp applicant made two payments for prescription medication in separate months and that each refill was for a 30 days’ supply, together with a note from the beneficiary’s doctor, sufficiently demonstrated that the applicant’s medical expenses were recurring.

Food stamp applicant presented sufficient evidence of recurring expenses for prescription drugs. Read More

Operator of inert landfill did not have vested right to permit.

Under amendments to the regulations of the Georgia Department of Natural Resources, Environmental Protections Division (“EPD”), owners and operators of inert landfills were required to either obtain a solid waste handling permit or a certification from a professional engineer stating that their facilities were in full compliance with “Permit by Rule” requirements as they existed

Operator of inert landfill did not have vested right to permit. Read More

Hospice services sufficient evidence that child met institutional level of care criteria

Evidence that a child born with a terminal condition received hospice services from a skilled professional at home during the one month he was alive was sufficient to show that he received skilled nursing services of the requisite amount and duration for him to qualify for Medicaid under Katie Beckett.

Hospice services sufficient evidence that child met institutional level of care criteria Read More

Durable power of attorney for healthcare is not equivalent to advance directive

Staff members of a personal care home (PCH) did not perform CPR on a resident upon discovering him unconscious.  The owner of the PCH argued that its staff members were not obligated to perform CPR because the resident had a durable power of attorney for healthcare appointing his son, and the applicable rules did not

Durable power of attorney for healthcare is not equivalent to advance directive Read More

Transfer penalty must be applied month of asset transfer or date of Medicaid eligibility

After she received a $41,000 lump-sum settlement in a lawsuit, a nursing home resident made a gift of $23,724.  She simultaneously loaned $16,000 to her daughter, who executed a promissory note obligating her to repay the sum in monthly installments for the resident’s nursing home care. When the resident notified the Division of Family and

Transfer penalty must be applied month of asset transfer or date of Medicaid eligibility Read More

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