Lisa Boggs

Reduction in NOW/COMP hours was justified by change in medication administrations

Medicaid Eligibility

This case involved an appeal by a patient receiving nursing services from Medicaid’s New Options Waiver/Comprehensive Supports Waiver Program (NOW/COMP).  The Department of Community Health contended that it reduced the nursing hours because several of the patient’s medications were administered on or around the same time as nurse-performed feedings.   Hence, the patient did not need …

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Superior court upholds driver’s license suspension based on suspected impairment involving marijuana

DUI

A judge with the Superior Court of Chatham County upheld an OSAH Judge’s decision affirming a driver’s administrative license suspension. The superior court ruled, in part, that the underlying evidence supported the OSAH Judge’s finding, including “documented existence of indicia of impairment, and that [the driver] herself admitted that [she] had smoked marijuana twenty (20) …

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Court upholds permit for stream buffer variance at site of electric-vehicle plant for Rivian Automotive, Inc.

Environmental Law

This matter involved a challenge brought against the Board of Natural Resources’ decision to issue a stream buffer variance to the site of a proposed electric-vehicle facility located in Morgan and Walton counties.  The Court affirmed the permit’s issuance, concluding that the application had been complete and met all regulatory requirements.  The Court also concluded …

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Superior court upholds OSAH Judge’s rulings on evidentiary issues in EBT fraud cases

Procedure

A judge with the Superior Court of Toombs County upheld two decisions by an OSAH Judge disqualifying individuals from the Food Stamp Program due to EBT fraud. In affirming the OSAH decisions, the superior court concluded that the OSAH Judge did not err in admitting into the record certain contents within an investigation binder created …

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Superior courts weigh in on OSAH decision regarding Brantley County solid-waste permit

Environmental Law

The Board of Commissioners of Brantley County appealed a decision by the state’s Environmental Protection Division (EPD) to grant a permit to Brantley County Development Partners, LLC. The permit would allow the company to operate a municipal solid-waste disposal facility in Brantley County. An OSAH Judge concluded the permit had been wrongfully issued, because the …

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Food-stamp recipient failed to show that agency had to conduct interview for renewal application

Public Assistance

In affirming the state agency’s calculation of food-stamp benefits, the Court rejected the recipient’s argument that a food-stamp renewal request required the agency to conduct an interview.  The Court instead concluded that the agency’s food-stamp policies only require an interview for an initial application, whereas renewal applications can be completed without an interview.               …

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