admin, Author at Administrative Law Report

Fine appropriate where violations established and no hardship waiver shown.

The Department imposed a fine of $600 for various violations, including the failure to test a resident’s blood sugar prior to administering medication and storing, instead of disposing of, expired medications. Petitioner argued for a waiver of the fine because the facility has since hired a new director who has improved conditions. Despite this and

Fine appropriate where violations established and no hardship waiver shown. Read More

Real estate brokers reprimanded and fined for failure to use correct name and license number.

Real Estate

Respondents are Mr. Voss, a real estate broker, and Lakeshore Estate Marketing and Services (“Lakeshore”), a real estate broker firm. The Georgia Real Estate Commission sought to sanction both for actions by Voss, acting as an agent for Lakeshore, in (1) using the name “Lakeshore Real Estate Broker” and “Lakeshore Real Estate Brokerage” in signing

Real estate brokers reprimanded and fined for failure to use correct name and license number. Read More

Self-employment rehabilitation services unavailable for pre-existing businesses.

Vocational Rehabilitation

Judge upheld the Georgia Vocational Rehabilitation Agency’s (“GVRA”) decision to deny Petitioner services to enable her to open a business and thereby become self-employed. The decision was based on a finding that Petitioner had established the business approximately two years prior to the GVRA’s review of her application and had incurred expenses each of those

Self-employment rehabilitation services unavailable for pre-existing businesses. Read More

Medicaid “outlier” claim was timely filed due to mutual action amending terms of contract.

Care Management Organization

Peach State Health Plan, a private Care Management Organization, acting as agent of the Department of Community Health, denied the Medical Center of Central Georgia’s (“MCCG”) request for “outlier” payments (i.e., payments for unusually expensive services) for untimeliness. By contract, outlier claims must be made within three months of payments on “inlier” claims. The confusion

Medicaid “outlier” claim was timely filed due to mutual action amending terms of contract. Read More

Teacher is warned to avoid further unethical conduct.

Educators

The Professional Standards Commission’s decision to sanction Petitioner’s teaching license was modified from a two-year suspension to a warning. The basis for the sanction was Petitioner’s plea under the First Offender Act that resulted from her failure to return a rental vehicle. Petitioner admitted the wrongdoing and expressed remorse. Under the circumstances, a two-year suspension

Teacher is warned to avoid further unethical conduct. Read More

State must provide medical services to eligible children to improve or maintain a child’s health in the best condition possible.

Health Law

DCH could not reduce a GAPP recipient’s skilled nursing hours beyond what is medically necessary to ameliorate his condition. The Court gave great weight to the testimony of Petitioner’s personal physicians, who testified that a reduction in skilled nursing care would be hazardous to the child’s tenuous health. The Georgia Medical Care Foundation misconstrued the

State must provide medical services to eligible children to improve or maintain a child’s health in the best condition possible. Read More