Petitioner, a school counselor, received information that a student had attempted suicide because her stepfather was sexually abusing her. The student acknowledged the suicide attempt and later made comments during a conference that gave rise to reasonable cause for the counselor to believe that the student had been the victim of sexual abuse. The counselor’s […]
Petitioner, an individual with significant care needs owing to a brain injury, applied for in-home services through the independent care waiver program (“ICWP”). Because Petitioner required care twenty-four hours per day due to her mental and physical deficits, and she received no informal support from her family and friends, the cost of providing her with
Cost of in-home services must be within program guidelines. Read More
After the school district’s speech language pathologist determined after evaluation that a student may not benefit from continued speech therapy, the student’s parent requested an independent evaluation to be conducted at public expense. However, the parent was not entitled to a second publicly-funded evaluation because the school district’s evaluation was appropriate and comported with federal
Parent not entitled to independent educational evaluation at public expense. Read More
Petitioner was properly denied Medicaid under the “Qualified Medicare Beneficiary” class of assistance, as her total net income exceeded the income limit for that Medicaid category. Petitioner is eligible for, and will continue to receive, “Specified Low-Income Medicare Beneficiary” Medicaid. The Court has no authority to deviate from the formula for determining the financial eligibility
Deviation from financial eligibility formula set forth in Medicaid Manual improper. Read More
A candidate for State House affirmatively established that he resided in the district for which he sought office approximately eleven months prior to the date of the election. However, the only evidence the candidate presented to support his contention that he resided in the district during the preceding month, and thus the entirety of the
The Department of Human Services’ Division of Family and Children Services (“DFCS”) assessed a penalty of 3.43 months against Petitioner for transferring $20,020.46 of her assets without receiving fair market value in return. This meant that she was ineligible for a nursing home vendor payment for three full months, and entitled to only a partial
DFCS cannot toll the transfer of assets penalty period. Read More
