Pursuant to its policy manual, the Division of Family and Children Services determined the income limit for Q-track Medicaid programs according to the federal poverty level for an individual where the applicant had a Medicaid-ineligible spouse. This policy contradicted the plain language of the Medicaid Act, which required that eligibility be determined based on “the […]
The Georgia Board of Nursing was authorized to impose a sanction against a licensee due to her violation of a consent order wherein she agreed to abstain from alcohol and controlled substances, attend aftercare treatment, and ensure that the Board received quarterly aftercare reports. However, the Board could not base its proposed sanction on allegations
A nursing home resident and his spouse, who resided in the community, were denied Nursing Home Medicaid because their combined resources exceeded program limits. Federal law allowed for redetermination of the resource limit where it was necessary to allow the community spouse to generate sufficient income. However, federal authority only instructed the state to use
The Department of Community Health’s letter denying the Petitioner’s request for an increase in occupational therapy was “so lacking in grammar and syntax that it [was] largely incomprehensible,” and thus denied the Petitioner the adequate notice required under Georgia law and the principles of due process.
Agency’s adverse action letter failed to comport with standards of due process. Read More
A TANF applicant’s failure to attend a meeting due to her mistake in recording the date and time of the appointment constituted a material violation of program rules. However, as the applicant’s failure to keep the appointment was the first material violation she had committed, the Division of Family and Children Services erred in closing
TANF applicant entitled to conciliation following first material violation. Read More
The fact that the owner of a personal care home accepted partial payments from a resident did not alter the terms of the Admission Agreement where the resident assured the owner he would make up for the difference in payment at a later date. Therefore, the facility was not required to provide the resident with
Acceptance of partial payment insufficient to show alteration of Admission Agreement. Read More
