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Transfer penalty must be applied month of asset transfer or date of Medicaid eligibility

Topic: Health Law, Decided by Judge Teate 
Docket Number: ******* , Decision Date: 2016-12-16 
Attachment: Click here to download the decision. 

After she received a $41,000 lump-sum settlement in a lawsuit, a nursing home resident made a gift of $23,724.  She simultaneously loaned $16,000 to her daughter, who executed a promissory note obligating her to repay the sum in monthly installments for the resident’s nursing home [..] Read More..

Revocation of driver’s license upheld where driver susceptible to loss of consciousness.

Topic: Health Law, Decided by Judge Teate 
Docket Number: 1645561 , Decision Date: 2016-09-13 
Attachment: Click here to download the decision. 

The Department of Driver’s Services properly revoked a driver’s license because the driver suffered a loss of consciousness and his providers did not thereafter produce documentation that he had been free of episodes of unconsciousness for one year.

Reconsideration granted where body-cam footage showed that office read implied consent prior to placing driver under arrest.

Topic: DUI, Decided by Judge Teate 
Docket Number: 1715842 , Decision Date: 2017-05-31 
Attachment: Click here to download the decision. 

The Department of Driver Services was not authorized to suspend a driver’s license because, as shown on bodycam footage, the driver was read the implied consent notice prior to being placed under arrest.

Suspension inappropriate where educator complied with mandatory reporting requirements.

Topic: Educators, Decided by Judge Teate 
Docket Number: 1642834 , Decision Date: 2016-08-26 
Attachment: Click here to download the decision. 

A high school assistant principal was directed by the principal to investigate an incident involving two students circulating a naked photograph of one of their peers. The assistant principal complied, and later reported her findings to the principal, but did not directly report the incident [..] Read More..

Reflex action is not “willful.”

Topic: Nurse Aide Registry, Decided by Judge Teate 
Docket Number: 1627980 , Decision Date: 2016-03-17 
Attachment: Click here to download the decision. 

A nurse aide was not shown to have abused a resident where the evidence on record showed that she slapped the resident “reflexively” in response to being struck in the face, as “abuse” under the governing regulation requires a showing of willfulness.

Employee was not provided with adequate notice of grounds for demotion.

Topic: Employment, Decided by Judge Teate 
Docket Number: 1634698 , Decision Date: 2016-04-13 
Attachment: Click here to download the decision. 

A community service board was not authorized to demote a classified employee for alleged “misconduct,” “inefficiency in performing assigned duties” and “conduct reflecting discredit” on the board where the notice of the proposed demotion provided only that the board had received complaints from six employees, [..] Read More..

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