Public Health

Applicants’ monthly income exceeded limit for WIC benefits

Judge Kennedy

February 15, 2022

In affirming a decision by the Department of Public Health, the Court concluded that two applicants for benefits under Georgia’s Special Supplemental and Nutrition Program for Women, Infants and Children... Read More

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

Judge Schroer

August 29, 2016

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... Read More

Resource level required for spouse to live in community must be determined using reasonable method.

Judge Miller

August 18, 2016

A nursing home resident and his spouse, who resided in the community, were denied Nursing Home Medicaid because their combined resources exceeded program limits.  Federal law allowed for redetermination of... Read More

Care management organization failed to demonstrate authority to recover reimbursements.

Judge Schroer

August 4, 2016

Peach State Health Plan (Peach State), a care management organization (CMO) sought to recover payments made to JLD, a speech therapy provider, based primarily on its determination that JLD failed... Read More

Company did not “reproduce” WIC vendor stamp by using generic stamp to clarify store number.

Judge Kennedy

May 2, 2016

The parent company of several WIC-participating grocery stores used a generic four-digit rotary stamp to clarify the store numbers on vouchers that had been returned for illegible or missing vendor... Read More

Vendor disqualified for six months for keeping expired food items in stock..

Judge Kennedy

January 4, 2016

The Department of Public Health determined after investigation that, on three separate occasions, a WIC vendor had kept one or more WIC-approved food items that were outside of the manufacturer’s... Read More

Wal-Mart store terminated from WIC participation for reproducing vendor stamp.

Judge Kennedy

December 8, 2015

Employees of a local Wal-Mart store reproduced the store’s state-issued WIC vendor stamp in violation of its vendor agreement, and used the unapproved stamp on fifty-seven WIC vouchers.  The Department... Read More

Vendor terminated for failure to meet minimum square footage requirement.

Judge Miller

October 2, 2015

The Georgia WIC Program requires vendors to maintain 3,000 square feet of continuous retail food sales space open to the public, including administrative and storage space. The store at issue... Read More

Septic tank contractor decertified for faulty repairs, questionable business practices.

Judge Howells

July 31, 2015

Petitioner performed faulty repairs on an on-site sewage management system.  Specifically, he unnecessarily installed cleanout pipes in the system’s drainfield, treated the system with harsh chemicals, and failed to apply... Read More

Personal care home fined $36,400 for operating without a license.

Judge Schroer

March 20, 2015

Petitioner was required to obtain a license for her facility, which fit the definition of a personal care home because it provided housing, food, and supervised the self-administration of medicine.... Read More

Narcotic Treatment Program’s certification revoked for serious violations of governing law.

Judge Teate

December 30, 2014

The Department of Community Health (“the Department’) sought to revoke New Serenity’s certification to operate a Narcotics Treatment Program after it discovered nine violations during a site visit, including severe... Read More

Personal care home cannot provide care to insulin-dependent residents without appropriate personnel.

Judge Woodard

December 30, 2014

The Department of Community Health restricted the license of a Personal Care Home (PCH) such that it could not care for insulin-dependent residents after it discovered that the PCH did... Read More

Vendor disqualified from the WIC Program for three years for multiple program violations.

Judge Baxter

December 12, 2014

The Department of Public Health sought to disqualify Petitioner, a vendor, from the Georgia Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) for program violations discovered during an... Read More

Personal care home fined for having water temperatures that far exceeded regulatory limits.

Judge Woodard

October 24, 2014

Petitioner, a licensed personal care home, was fined $601.00 after a routine inspection found that the facility’s bathrooms had hot water levels that were twenty degrees over the maximum limit... Read More

Facility fined for failure to provide access to inspectors.

Judge Walker

September 29, 2014

The Department of Community Health’s decision to fine a Private Home Care Provider was upheld where the facility’s owner failed on two occasions to provide the Department’s inspectors with access... Read More

Violating WIC rules and regulations results in vendor disqualification.

Judge Woodard

April 24, 2014

Petitioner, Zam Zam International Foods, Inc., formerly an authorized WIC vendor, was disqualified from Georgia WIC, and its vendor agreement terminated, for redeeming WIC vouchers in amounts exceeding its documented... Read More

Store disqualified from participation in WIC for multiple program violations.

Judge Teate

August 6, 2013

A store was disqualified from participating in the Women, Infants, and Children (WIC) Program for three years as a result of multiple violations of WIC rules, including redeeming food for... Read More

Georgia Supreme Court dismisses appeal as moot where disqualification period had already expired.

Judge Gatto

February 3, 2011

In February 2011, Judge John B. Gatto modified the Department of Community Health’s one-year disqualification of Babies Right Start, Inc. (BRS) to a six months’ probationary period in the Special... Read More