Public Benefits

Medicaid Appeals to Superior Court

After exhausting all administrative remedies, the Applicant may file a Petition for Review in Superior Court. See O.C.G.A. § 49-4-153(c);…

2 years ago

Medicaid Appeals to the Agency

After entry of an initial decision, the Clerk must certify the record, including the Initial Decision and any tapes or…

2 years ago

Standards Used in Determining Eligibility

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

2 years ago

The Record in Medicaid Cases

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

2 years ago

Advice from the Bench in Medicaid Cases

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

2 years ago

Evidence in Medicaid Hearings

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

2 years ago

Hearing Rights and Responsibilities in Medicaid Cases

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

2 years ago

Issues for Hearing

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

2 years ago

Discovery in Medicaid Cases

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

2 years ago

Pre-Trial Motions in Medicaid Cases

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

2 years ago