Ellison v. Georgia Department of Community Health, 012121 GACA, A20A1621

• Docket Nº: A20A1621
• Party Name: RONALD ELLISON v. GEORGIA DEPARTMENT OF COMMUNITY HEALTH.
• Attorney: Appellant: Mr. Ronald Ellison Appellee: Mr. Christopher Michael Carr Appellee: Mr. Mark James Cicero
• Case Date: January 21, 2021
• Court: Court of Appeals of Georgia

RONALD ELLISON

v.

GEORGIA DEPARTMENT OF COMMUNITY HEALTH.

No. A20A1621

Court of Appeals of Georgia

January 21, 2021

Superior Court Dougherty County Case Number: 17CV558 Hon. DENISE MARSHALL, Judge Appealed Order: January 31, 2019

Appellant: Mr. Ronald Ellison

Appellee: Mr. Christopher Michael Carr

Appellee: Mr. Mark James Cicero

Following our grant of his application for discretionary appeal, appellant Ronald Ellison filed this appeal seeking review of the trial court's order affirming the termination of his participation in a Medicaid waiver program. In this appeal, as it has throughout these proceedings, appellee Georgia Department of Community Health ("DCH") relies on the Community Care Services Program Care Coordination Manual ("Care Manual") MT 2016-01 page 900-33 and Chart 970.1 - Termination Procedures- as authorizing the immediate termination of Ellison's in-home services.^[1]Although these provisions appear to have been before the administrative law judge who issued the Initial Decision since they are recited verbatim in her order, and all exhibits and files were apparently forwarded to the commissioner for agency review and to the superior court, Chart 970-1 - Termination Procedures has not been included in the record that has been forwarded to this Court from the Clerk of the Dougherty County Superior Court.² Further, while page 900-33 of the Care Manual labeled "Chapter 900 Terminations" and beginning with "other reasons. Examples:" was attached to the notice of termination sent to Ellison on April 25, 2016, the record does not appear to include the preceding page and thus the text of the provision that is included in the record is incomplete.³

Accordingly, this case must be REMANDED to the Superior Court of Dougherty County for completion of the record. We further order that the Clerk of the Superior Court of Dougherty County then transmit the supplemented record to this Court for redocketing in this Court.⁴

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Notes:

[1] Ellison specifically argues that the provisions of the Care Manual do not "trump" the federal regulations concerning notice.

[2] In its brief on appeal, DCH cites to the administrative law judge's Initial Decision in referencing this provision but not to the portions of the Care Manual which have been included in the record on appeal.

[3] DCH cites to page 539 of the record but that citation appears to be incorrect. However, this Court...