Liliana Yearns, Author at Administrative Law Report

CCSP applicant should not be penalized when agency worker misplaces medical records

The OSAH Judge reversed the Department of Community Health’s denial of a Community Care Services Program (CCSP) application because it was “incomplete.” The applicant’s daughter had provided a binder of medical records to a review nurse during the application process, but that review nurse left employment before completing her review and without returning the binder. […]

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Court rules that developmental disabilities do not preclude physical impairment when evaluating eligibility for EDWP services

Medicaid Eligibility

The Department of Community Health (DCH) denied an application for Medicaid’s Elderly and Disabled Waiver Program (EDWP) because the 30-year-old applicant’s primary diagnosis was cerebral palsy, which is categorized as a developmental rather than a physical disability. Accordingly, per DCH, the applicant’s diagnosis did not fall squarely within the waiver’s SOURCE criteria for those aged

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Court sides with district, finds that school provided student with “reasonably calculated” education plan

Special Education

This IDEA case was initiated in response to several due process complaints filed by a 16-year-old student and his mother against the student’s school district. The student and mother alleged that the district violated the student’s right to a free appropriate public education (FAPE) by failing to abide by her Individualized Education Plan (IEP). The

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Senior SNAP’s extended certification period should not adversely impact eligibility calculations

Public Assistance

This case concerned an individual’s eligibility for Senior SNAP benefits, which differ from ordinary SNAP (or food stamp) benefits in that the certification period is 36 months rather than 12. In this instance, DFCS denied the individual’s Senior SNAP application after finding she was above the income limit for eligibility. However, the Court reversed this

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Certificate sanctions upheld due to paraprofessional’s criminal history and failure to report

Educators

The Professional Standards Commission (PSC) sought to revoke a paraprofessional’s certificate due to his criminal history, failure to report that history to the PSC, and failure to provide the PSC with documentation of the criminal violations throughout the application process. Although the Court acknowledged that the paraprofessional violated the PSC’s Code of Ethics and reporting

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Medical license sanctioned in response to previous consent order in another state

Professional Licensing

A physician appealed the proposed revocation of his Georgia medical license, claiming that he had been wrongly accused of excessively prescribing controlled substances when practicing in Alabama. The Court concluded the physician’s license should be sanctioned because, despite his denial of the allegations, the physician had willingly entered into a settlement agreement that restricted his

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