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Annual Report 2017

Topic: Articles

Staged procedures may be covered by Medicaid where shown to be medically necessary.

Topic: Medicaid Eligibility, Decided by Judge Malihi 
Docket Number: 1737794 , Decision Date: 2017-08-25 
Attachment: Click here to download the decision. 

DCH erred by denying prior Medicaid authorization for a bilateral nipple/areola reconstruction and nipple tattooing procedure incident to bilateral breast reduction surgery, the fact that both procedures were not performed simultaneously notwithstanding, where the surgeon seeking Medicaid coverage for the procedure proved, through his own testimony, that the procedure was medically necessary.

Drainage structure for airport taxiways may be constructed within fifty feet of trout stream.

Topic: Environmental Law, Decided by Judge Malihi 
Docket Number: 1740579 , Decision Date: 2017-10-11 
Attachment: Click here to download the decision. 

The Paulding County Airport Authority (PCAA) did not require a buffer variance in order to obtain coverage under a National Pollutant Discharge Elimination System permit for the purpose of piping a trout stream because the pipe constituted a roadway drainage structure and was therefore exempt from the [..] Read More..

Denial of permit for sign within 500 feet of already-permitted sign on the same side of highway upheld.

Topic: Outdoor Advertising, Decided by Judge Schroer 
Docket Number: 1726721 , Decision Date: 2017-08-25 
Attachment: Click here to download the decision. 

An applicant for an outdoor advertising sign challenged the Georgia Department of Transportation’s (“GDOT’s”) denial of his application for a permit to erect a sign alongside State Route 20 because the proposed sign would be within 500 feet of a sign permitted to Georgia 400, [..] Read More..

Exception for pickups and deliveries on county-maintained roads.

Topic: Overweight Trucks, Decided by Judge Brown 
Docket Number: 1736154 , Decision Date: 2017-07-24 
Attachment: Click here to download the decision. 

The owner of a timber hauling company who caused an overweight vehicle and load to be operated on a county-maintained road was not subject to a fine because the vehicle was picking up a load of timber, which the owner had earlier left alongside the [..] Read More..

Texas income deduction order did not preclude Georgia’s interception of obligor’s tax refund.

Topic: Child Support, Decided by Judge Brown 
Docket Number: 1736506 , Decision Date: 2017-08-24 
Attachment: Click here to download the decision. 

The Department of Human Services, Division of Child Support Services (CSS), was authorized to intercept a child support obligor’s tax refund, notwithstanding the existence of an income deduction order in Texas, where the obligor resided, because the Texas order solely intercepted the obligor’s Social Security [..] Read More..

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