Administrative Law

Verification for Medicaid Applications

All applications for ABD Medicaid require that the applicant's basic eligibility be verified. See ABD Manual Section 2201-4. Applications for…

2 years ago

Requesting a Medicaid Fair Hearing

Right to a Hearing The right to a hearing is a property right and belongs to the applicant. See Bd.…

2 years ago

Correcting the Damage Done Before You Got the Medicaid File

Taking over a case started by someone else is never my preference. It's far easier to do something correctly the…

2 years ago

Medicaid decisions should be available to the public

Both O.C.G.A. § 49-4-153(b)(1) and 42 C.F.R. § 431.244(g) require that all Medicaid agency decisions be accessible to the public,…

2 years ago

Medicaid Applicants Have a Right to a hearing if eligibility is denied, improperly determined, delayed or terminated

Right to Hearing, Generally Medicaid applicants and beneficiaries are entitled to adequate notice of state agency actions and a meaningful…

2 years ago

How to Communicate with Courts, Parties in Litigation and Others

There are times when formal "legal" communication is necessary. This post addresses several instances regarding how that can be done.…

2 years ago

Conservatorship litigation made life insurance policy inaccessible

In a recent case (Dep't of Tenncare 4/20/2022), Appellant's application for nursing home Medicaid was denied due to ownership of…

3 years ago

Nursing home lacks standing to request fair hearing unless it is authorized representative

In Weeks v. DHS, Division of Family and Children Services, Office of State Administrative Hearings, Docket 2117014 (April 28, 2021),…

3 years ago

Administrative Law: Who Decides What the Law Means?

In 1984, the U.S. Supreme Court decided Chevron v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Chevron concerned…

3 years ago

Appeal Route From Article 6 Probate Court is to Court of Appeals

In Spence v. Dep't of Behavioral Health and Developmental Disabilities, 359 Ga. App. 603 (2021), Jermaine Spense was involuntarily committed…

3 years ago