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Applicant attempted to falsify test results

Topic: Insurance, Decided by Judge Schroer 
Docket Number: 1833442 , Decision Date: 2018-05-21 
Attachment: Click here to download the decision. 

Affirming denial of insurance license to applicant who attempted to submit falsified copy of her test results.

No jurisdiction under Pharmacy Audit Bill of Rights

Topic: Procedure, Decided by Judge Schroer 
Docket Number: 1835380 , Decision Date: 2018-07-31 
Attachment: Click here to download the decision. 

OSAH does not have jurisdiction under the Pharmacy Audit Bill of Rights to adjudicate investigative audit of pharmacy conducted by pharmacy benefit manager.

Evidence insufficient to show “alter ego”

Topic: Health Law, Decided by Judge Schroer 
Docket Number: 1847952 , Decision Date: 2018-10-04 
Attachment: Click here to download the decision. 

Text messages and statement in lease regarding payment of security deposit insufficient to show “alter ego.”

Denial of permit for sign within 500 feet of already-permitted sign on the same side of highway upheld.

Topic: Outdoor Advertising, Decided by Judge Schroer 
Docket Number: 1726721 , Decision Date: 2017-08-25 
Attachment: Click here to download the decision. 

An applicant for an outdoor advertising sign challenged the Georgia Department of Transportation’s (“GDOT’s”) denial of his application for a permit to erect a sign alongside State Route 20 because the proposed sign would be within 500 feet of a sign permitted to Georgia 400, [..] Read More..

Where a valid court order of support exists, Respondent must increase a nursing home community spouse’s monthly income allowance by the amount of the ordered support.

Topic: Medicaid Eligibility, Decided by Judge Schroer 
Docket Number: ******* , Decision Date: 2017-03-13 
Attachment: Click here to download the decision. 

When determining the amount a nursing home resident must pay each month toward the costs of care in a nursing facility, if the resident has a community spouse and a valid court order of support against the resident exists, DFCS must first deduct the amount [..] Read More..

Hearsay within hearsay was not admissible under the business/public records exception.

Topic: Public Health, Decided by Judge Schroer 
Docket Number: 1642575 , Decision Date: 2016-08-29 
Attachment: Click here to download the decision. 

Although inspection reports and a sheriff’s report could be admissible under the business and/or public records exceptions to the hearsay rule, the statements from third parties within those reports did not fall under those exceptions and, as they did not fit under other exceptions to [..] Read More..

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