Liliana Yearns

DBHDD properly utilized standard methodology in determining reduction of skilled nursing hours

In upholding the reduction of a NOWCOMP recipient’s skilled nursing service hours, the Court concluded that the Department of Behavioral Health and Developmental Disabilities (DBHDD) abided by its standardized methodology for calculating the hours.  Moreover, there was insufficient evidence that more hours were medically necessary. Update as of 5/16/2024:  Judicial review remains pending before the […]

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Validity of debt thrown into question in Medicaid transfer-of-assets case

The central question of this case was whether a $60,000 transfer that a Nursing Home Medicaid recipient allegedly made to her daughter as payment toward a debt was exempt from the transfer-of-assets penalty. The Court ultimately sided with the Department of Family and Children Services (DFCS) and affirmed the penalty.  The Court could not conclude

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Cease-and-desist order issued against unlicensed private security guard and his security agency

In this case, the Board of Private Detectives and Security Agencies sought a cease-and-desist order to enjoin an individual from practicing private security without a valid Georgia license. The licensing board also sought to revoke the license of the individual’s private security agency because it employed security guards with lapsed licenses.  The Court granted the

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Contractor license denied because applicant could not provide evidence of prior project experience

A contractor appealed the denial of his application for a residential-light commercial qualifying agent license. The licensing board’s reasoning for the denial was the contractor’s failure to list two projects where he played a “significant role for their successful completion,” as required in the application. Even after three application attempts, the contractor could not provide

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Sale of non-homeplace real property is not excluded from calculation of transfer-of-assets penalty

In this case, the Court affirmed the transfer-of-assets penalty assessed against a Medicaid recipient following the sale of his non-homeplace real property at a rate below market value. The Court clarified that, while the bona fide sale of real property is not counted as a resource in determining eligibility for Medicaid, that exclusion does not

Sale of non-homeplace real property is not excluded from calculation of transfer-of-assets penalty Read More

DFCS must give sufficient prior notice before food stamp benefits expire

The Court reversed the Department of Family and Children Services’ (DFCS) decision to close a food stamp recipient’s case because there was no evidence that the agency provided sufficient prior notice that the benefits were going to expire. Further, DFCS’ claims that the recipient failed to cooperate with the reapplication process were not supported, because

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