The state Medicaid agency is beginning to process Katie Beckett appeals that have been pending. Some appeals have been referred to private attorneys to represent the agency in the appeals. Some families have been asked to dismiss their appeals by these attorneys.

Families are not required to dismiss appeals. A family who appeals a decision of the Medicaid agency is entitled to a hearing before the Office of State Administrative Hearings.

When a Motion for Summary Determination is filed, the family has 20 days from service of the Motion to respond in writing. Failure to respond can allow the judge to make a final decision without further hearing. A response can simply advise the Administrative Law Judge that the family believes there are factual disputes at issue. If the Judge decides that there are still factual issues in dispute, a hearing should be scheduled.

At the hearing, a family can represent themselves or can bring a representative or attorney to an administrative hearing.

The rules and procedures governing an administrative hearing at the Office of State Administrative Hearings are at: http://www.osah.ga.gov/documents/procedures/rules%20of%20procedure.pdf.

This is general legal information provided by: The Georgia Advocacy Office, Georgia Legal Services Program, and Atlanta Legal Aid. This is legal information, not legal advice. You should contact an attorney for specific legal advice. There are important deadlines you must meet. You may lose important legal rights if you do not meet these deadlines.