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Medically Fragile Daycare benefits cannot be terminated where required to prevent regression.

Petitioner, a child in the Medically Fragile Daycare (MFDC) program, was granted six additional months in the program because she (1) meets the Skilled Nursing Level of Care, (2) receives 100% of her daily calories via a G-tube, (3) has services ordered by a physician, and (4) requires services that are so inherently complex that […]

Medically Fragile Daycare benefits cannot be terminated where required to prevent regression. Read More

Manager of group homes dismissed because of financial irregularities and security breaches.

Petitioner was appropriately dismissed under the State Personnel Board Rule that permits a classified employee to be terminated for “negligence or inefficiency in performing assigned duties.”  Petitioner’s duties included managing and supervising the operation of two group homes. Her incompetence and negligence were demonstrated by, first, a strong pattern of financial irregularities at the facilities,

Manager of group homes dismissed because of financial irregularities and security breaches. Read More

Need for supplemental oxygen insufficient to participate in Medically Fragile Daycare.

State was permitted to terminate Petitioner’s participation in the Medically Fragile Daycare (MFD) component of the Georgia Pediatric Program (GAPP).  While Petitioner may need supplemental oxygen on occasion, he has an established regimen of therapy.  In such a case, the administration of oxygen is not considered a skilled nursing service under the federal regulations, rendering

Need for supplemental oxygen insufficient to participate in Medically Fragile Daycare. Read More

Must inform public assistance applicants of unavailability of application website.

The Division of Family and Children Services (DFCS) violated the due process rights of Petitioner, a Medicaid recipient, when it informed her that she had until November 30, 2013, to file a renewal application on its website, COMPASS, but did not inform her that the website would be down for maintenance from November 27 to

Must inform public assistance applicants of unavailability of application website. Read More

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