Initial Decisions in Medicaid Cases

2 years ago

The ALJ is a representative of the Department throughout the hearing process. As such, the ALJ makes a written recommendation…

Standards Used in Determining Eligibility

2 years ago

Medicaid eligibility determinations must be based on “ascertainable standards.” See J. Perkins, Issue brief: Appeal Rights and Medicaid Benefits citing…

The Record in Medicaid Cases

2 years ago

A record must be kept in all contested cases. 42 C.F.R. § 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…