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