Liliana Yearns

Judge grants motion for involuntary dismissal in favor of Medicaid provider in overpayments case

The Judge granted a physical therapist’s motion for involuntary dismissal in a case alleging Medicaid overpayments.  The Judge determined that the Department of Community Health (DCH) failed to establish that the therapist diverged from the accepted standards of practice for the claims in question.

Judge grants motion for involuntary dismissal in favor of Medicaid provider in overpayments case Read More

Recoupment of Medicaid overpayments affirmed for optometrist’s services

In this case, an optometrist failed to prove that the services underlying his Medicaid claims were medically necessary and within the accepted professional standards of practice. Although the optometrist did offer testimony in defense of his claims, he failed to provide corroborating documentation. As such, the Court affirmed the agency’s recoupment of the overpayments received

Recoupment of Medicaid overpayments affirmed for optometrist’s services Read More

Judge grants motion to exclude evidence from food stamp fraud case

Because the Court granted a food stamp recipient’s prehearing motion—which excluded from consideration the evidence collected through an alleged fraud operation’s transaction terminal—the investigator in this case had no independent knowledge or evidence regarding the purported food stamp fraud. As such, the agency’s proposed suspension of the recipient’s food stamps was reversed.

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Case dismissed because parental rights under IDEA transferred to 18-year-old student

This case concerned a due process complaint that was filed by a student’s mother under the Individuals with Disabilities Education Act (IDEA). Because the student had reached the age of majority when the complaint was filed, all parental rights under the IDEA had transferred to him. As such, the Court dismissed the case because the

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Superior court upholds OSAH Judge’s hearsay ruling in case involving EBT trafficking scheme

The Superior Court of Fulton County upheld an OSAH Judge’s decision to disqualify a food stamp participant from receiving benefits for 12 months.  The participant was found to have engaged in a trafficking scheme that involved exchanging EBT benefits for cash. In reaching his decision, the OSAH Judge had overruled objections from the participant that

Superior court upholds OSAH Judge’s hearsay ruling in case involving EBT trafficking scheme Read More

Medicaid applicant found eligible for SLMB, but not eligible for any other Q Track benefits

An applicant for Medicaid benefits was found eligible for benefits under the Specified Low-Income Beneficiary class of assistance (SLMB), which is a Q Track class of assistance.  However, he appealed this determination, seeking more benefits.  The Court concluded the applicant’s income was too high for him to receive any other Q Track benefits, and he

Medicaid applicant found eligible for SLMB, but not eligible for any other Q Track benefits Read More

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