The Record in Medicaid Cases

2 years ago

A record must be kept in all contested cases. 42 C.F.R. ยง 431.244 provides: (b) The record must consist only…

Advice from the Bench in Medicaid Cases

2 years ago

In preparing the original version of these materials several years ago, I spoke with one of the Administrative Law Judges…

Evidence in Medicaid Hearings

2 years ago

Same rules as non-jury civil cases The rules of evidence applicable in civil nonjury trials apply in administrative hearings. O.C.G.A.…

Hearing Rights and Responsibilities in Medicaid Cases

2 years ago

The Applicant and DFCS have the right to the following: 1. Bring and/or subpoena witnesses; 2. Establish all pertinent facts…

Issues for Hearing

2 years ago

The fair hearing or the appeal from agency review must give the applicant a de novo hearing if requested. 42…

Discovery in Medicaid Cases

2 years ago

As a general rule, discovery is not permitted in any proceeding before an ALJ, except to the extent specifically authorized…

Pre-Trial Motions in Medicaid Cases

2 years ago

Form All requests made to the Administrative Law Judge shall be made by motion. Unless made during the hearing, motions…

Summary Determination in Medicaid Cases

2 years ago

Form; timing A Motion for Summary Determination may be filed no later than thirty days prior to the date a…

Pre-Hearing Conferences in Medicaid Cases

2 years ago

An ALJ may order a prehearing conference to simplify the issues being presented. Conferences may be held in person or…

Notice, Due Process and Procedure in Medicaid Fair Hearings

2 years ago

Minimum Federal Requirements for Medicaid Fair Hearings Each State must give Medicaid applicants the right to a fair hearing when…