Dominic Capraro, Author at Administrative Law Report

Home modification covered under the Independent Care Waiver Program.

Respondent, the Department of Community Health, Division of Medical Assistance incorrectly denied Petitioner’s request to have an automated door and lock installed on her home. Petitioner, an individual with spinal muscular atrophy, established that the installation met the definition of an environmental modification covered under the Independent Care Waiver Program.

Home modification covered under the Independent Care Waiver Program. Read More

Inconsistent and hearsay evidence insufficient to support finding of neglect.

Nurse Aide Registry

Respondent was not authorized to place a finding of neglect on the Nurse Aide Registry where the evidence giving rise to its proposed action was unsupported by testimony. Witness accounts of the incident were inconsistent and failed to establish that Petitioner engaged in neglectful conduct.

Inconsistent and hearsay evidence insufficient to support finding of neglect. Read More

Violating WIC rules and regulations results in vendor disqualification.

Public Health

Petitioner, Zam Zam International Foods, Inc., formerly an authorized WIC vendor, was disqualified from Georgia WIC, and its vendor agreement terminated, for redeeming WIC vouchers in amounts exceeding its documented inventory of certain WIC-eligible products. Petitioner also failed to adhere to the Georgia Department of Public Health’s guidelines regarding minimum square footage and production of

Violating WIC rules and regulations results in vendor disqualification. Read More

Therapies must meet definition of “skilled nursing services” to qualify child for Katie Beckett.

Health Law

Petitioner’s need for several different therapies, including music and social skills therapy, was insufficient to demonstrate the Katie Beckett level-of-care requirement, because such therapies are not contemplated in the regulatory definition of “skilled nursing services.”

Therapies must meet definition of “skilled nursing services” to qualify child for Katie Beckett. Read More

Physical abuse and corporal punishment justifies emergency closure of facility.

Early Care & Learning

Disciplining a child by forcing him to hold a chair above his head for an extended period of time justified the decision of the Department of Early Care and Learning (DECAL) to order the emergency closure of the child care learning facility.

Physical abuse and corporal punishment justifies emergency closure of facility. Read More

Transfer of resources penalty improper due to probate court order.

Medicaid Eligibility

The Division of Family and Children Services’ (DFCS) was not authorized to impose a transfer-of-resources penalty, because the probate court had already determined that the Medicaid applicant’s conservators had made expenditures solely for his use and benefit and had received the fair market value.

Transfer of resources penalty improper due to probate court order. Read More