The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

United Cerebral Palsy of Georgia, Inc., et al.v.Georgia Department of Behavioral Health and Developmental Disabilities, et al.

CourtCourt of Appeals of Georgia
Docket No.A14A1548
DecidedMarch 27, 2015
Reporter331 Ga. App. 616; 771 S.E.2d 251
JudgesCourt of Appeals of Georgia, Second Division; Presiding Judge Andrews and Judges McFadden and Ray; Judge McFadden authored the opinion
Tags
CivilAdministrative LawGovernment LawDue ProcessStatutory InterpretationConsumer ProtectionClass ActionRemand
Case Summary

In consolidated appeals A14A1548 and A14A1549, Medicaid providers, recipients, and family representatives challenged dismissal of their putative class action against the state agencies administering Georgia’s Medicaid waiver programs. They alleged that the agencies reduced provider reimbursements and limited services without required notice and procedures; the superior court dismissed for failure to exhaust administrative remedies. The Court of Appeals reversed because applicable statutes, regulations, and program manuals required written notice of adverse actions and appeal rights before administrative-review deadlines ran. The agencies had not provided that required notice, so they could not rely on the plaintiffs’ failure to pursue administrative review. The court distinguished deference to agency interpretations of statutes and regulations from the treatment of agency interpretations of their own manuals. The judgments were reversed, allowing the action to proceed; the court did not decide the merits of the underlying Medicaid claims. Presiding Judge Andrews concurred, and Judge Ray concurred in the judgment only.

Opinion

Loading published copy…

The Far Side
United Cerebral Palsy of Georgia, Inc., et al. v. Georgia Department of Behavioral Health and Developmental Disabilities, et al. — The Atlanta Gleaner