admin, Author at Administrative Law Report

Proxy caregiver law cannot substitute for skilled nursing under GAPP.

The Department of Community Health (DCH) cannot terminate a participant in the Georgia Pediatric Program (GAPP) where the participant is medically fragile, requires nursing facility level of care, and whose need for skilled nursing care is medically necessary. DCH cannot replace GAPP skilled nursing care with proxy caregiver services through other Medicaid programs. Where a

Proxy caregiver law cannot substitute for skilled nursing under GAPP. Read More

Voluntary payment doctrine does not apply to tax indebtedness.

Tax Court

The Georgia Supreme Court reversed and remanded the decision of the Superior Court, which had determined that settlement with one responsible party for unpaid taxes precludes collecting from a second responsible party under the voluntary payment doctrine. The Supreme Court held that the voluntary payment doctrine applies to contracts and not tax indebtedness. The case,

Voluntary payment doctrine does not apply to tax indebtedness. Read More

Revocation of teaching certificate for failure to report felony theft-by-taking conviction.

Educators

The Professional Standards Commission (PSC) revoked Petitioner’s teaching certificate after he failed to report a felony theft-by-taking conviction. The revocation was justified, especially in light of Petitioner’s lack of remorse, by the violation of four Commission rules related to (1) criminal acts, (2) dishonesty, (3) the requirement to report criminal acts, and (4) unprofessional conduct.

Revocation of teaching certificate for failure to report felony theft-by-taking conviction. Read More

Incorrect processing of Medicaid application results in remand to DFCS.

Health Law

The Division of Family and Children Services (DFCS) failed to determine Petitioner’s eligibility for the Independent Care Waiver Program (ICWP), the Medicaid class of assistance for which she applied. Instead, DFCS erroneously processed a QI-1 Medicaid application on her behalf, before issuing a denial. DFCS must process Petitioner’s original application under the correct class of

Incorrect processing of Medicaid application results in remand to DFCS. Read More

Reduction of monthly food stamp allotment authorized due to recipient’s increased income.

Public Assistance

Respondent, the Division of Family and Children Services (DFCS), was authorized to reduce Petitioner’s monthly allotment under the Food Stamp Program because Petitioner’s monthly income had increased.

Reduction of monthly food stamp allotment authorized due to recipient’s increased income. Read More

Driver’s license suspension reversed due to insufficient evidence of the legality of roadblock.

DUI

Suspension of Petitioner’s driver’s license reversed where the arresting officer did not sufficiently establish the legality of the roadblock at which Petitioner was stopped.

Driver’s license suspension reversed due to insufficient evidence of the legality of roadblock. Read More