Dominic Capraro

Functional limitations must be attributable to intellectual disability, not age, to meet ICF/ID level of care.

The Department of Community Health denied Petitioner’s application for coverage under the Katie Beckett deeming waiver because her caregivers did not demonstrate that she met any institutional level of care. The Court upheld the denial, finding that, although Petitioner appeared to exhibit the requisite functional limitations to require care in an Intermediate Care Facility for […]

Functional limitations must be attributable to intellectual disability, not age, to meet ICF/ID level of care. Read More

Agency authorized to revoke teaching certificate based on out-of-state disciplinary action.

Facing disciplinary action for misconduct, an educator resigned from his position in Florida and moved to Georgia, where he applied for a teaching certificate.  On his application, the educator failed to disclose that he was at that time under an investigation by the Florida disciplinary authority.  Nor did he disclose, on his application or thereafter,

Agency authorized to revoke teaching certificate based on out-of-state disciplinary action. Read More

Review is limited to allegations described in the notification of adverse action.

The principles of due process require that an individual receive meaningful notice of the allegations of misconduct.  Accordingly, where the notification of adverse action indicated that a certified nurse aide’s name would be placed on the nurse aide registry for abuse, the Court would not consider allegations of neglect.

Review is limited to allegations described in the notification of adverse action. Read More

Board authorized to revoke physician’s license for inappropriately prescribing opioids.

The Georgia Composite Medical Board (“the Board”) sought to revoke a physician’s license for failing to adhere to minimum standard of acceptable practice with regard to his treatment of ten patients, and for allegedly operating an unlicensed pain clinic.  The physician prescribed Xanax and oxycodone to the patients in excessive dosages and quantities, and failed

Board authorized to revoke physician’s license for inappropriately prescribing opioids. Read More

Vendor disqualified for six months for keeping expired food items in stock..

The Department of Public Health determined after investigation that, on three separate occasions, a WIC vendor had kept one or more WIC-approved food items that were outside of the manufacturer’s expiration date in stock, despite having received several warnings.  Accordingly, the vendor was subject to a six-month disqualification for violating Georgia WIC Program policies and

Vendor disqualified for six months for keeping expired food items in stock.. Read More

School district ordered to hire consultant to develop, oversee child’s educational program.

Petitioner, an autistic child receiving special education services, was not offered a free appropriate public education (FAPE), as guaranteed under the Individuals with Disabilities Education Improvement Act (IDEA).  First, the school district’s staff improperly relied upon the results of invalid functional behavioral assessments, failed to implement an appropriate behavior intervention plan, and ignored an outside

School district ordered to hire consultant to develop, oversee child’s educational program. Read More

Scroll to Top