Lisa Boggs

Certification revocation upheld for officer who failed to secure evidence at scene of crime  

The Court concluded that a police officer’s certification should be revoked based on his failure to secure a shell casing at the scene of a shooting, and his subsequent failure to report finding the shell casing.  The Court also found that the officer’s deliberate decision to turn off his body-worn camera at the time the […]

Certification revocation upheld for officer who failed to secure evidence at scene of crime   Read More

Default on state student loan means borrower’s tax refund can be intercepted  

The Court affirmed the interception of the Petitioner’s state tax refund to offset her outstanding student loan debt with the Georgia Student Finance Authority.  The Court concluded that both the controlling law and the terms of the promissory note made clear that any tax refund owed to the Petitioner could be subject to interception in

Default on state student loan means borrower’s tax refund can be intercepted   Read More

Pharmacy’s electronic recordkeeping satisfies “original prescription records” requirement  

This case involved the Department of Community Health’s efforts to recoup payments from Walgreen Co. for an alleged failure to maintain the “original prescription records” for 91 prescription drug claims.  The Court rejected the agency’s arguments and found in favor of Walgreen Co., finding that the latter’s “Copy/Create” electronic recordkeeping system adequately met the requirement

Pharmacy’s electronic recordkeeping satisfies “original prescription records” requirement   Read More

CNA’s comments to patient about zipping up her jacket did not rise to level of verbal abuse  

The Court reversed a decision by the Department of Community Health to place a certified nurse aide (CNA) on the state’s Nurse Aide Registry.  At the hearing, conflicting accounts were presented about the CNA’s response to a patient’s request for help, with some versions stating the CNA told the patient she could zip up her

CNA’s comments to patient about zipping up her jacket did not rise to level of verbal abuse   Read More

Parents failed to prove district denied child FAPE, could not be reimbursed for private evaluation   

This case, brought under the Individuals with Disabilities Education Act (IDEA), concerned a teenage student who received special education services for autism and speech language impairment.  In denying the father’s request for relief under the IDEA, the Court concluded that (1) the father had failed to show he was denied opportunities to fully participate in

Parents failed to prove district denied child FAPE, could not be reimbursed for private evaluation    Read More

Agency did not follow proper procedures in terminating member’s NOW/COMP services  

This case involved the termination of a patient’s Medicaid benefits under the New Options Waiver and Comprehensive Supports Waiver Program (“NOW/COMP”).  The Court concluded the agency had improperly terminated the patient’s NOW/COMP benefits, despite the patient’s request to continue receiving benefits pending a hearing decision in the matter.  The Court also determined the termination letter

Agency did not follow proper procedures in terminating member’s NOW/COMP services   Read More

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