Urgent message from GAO

The Georgia Advocacy Office has asked for our help in getting this message out to families who have been denied the Katie Beckett Waiver. Please send this out to your networks.
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To: Katie Beckett Parents

From: Georgia Advocacy Office

Date: October 3, 2008

RE: Katie Beckett Appeals and Motions for Summary Determination


It has come to our attention that many of you are being contacted by attorneys representing the Georgia Department of Community Health (DCH) about Katie Beckett appeals that you filed back in 2006 and 2007. We are concerned that DCH is employing scare tactics to get families to withdraw their appeals. Unfortunately, the GAO does not have the resources to provide individual legal representation to the hundreds of families affected by DCH’s actions. We are, however, committed to providing technical assistance in public forums and through communications on our website and through listservs to families so that they may be able to effectively advocate on behalf of their children.

We would like to briefly clarify a couple of matters about the appeal process:

• The lawyers for DCH have been filing what is called a Motion for Summary Determination with the Office of State Administrative Hearings (OSAH). Under the OSAH rules (found at www.osah.ga.gov/documents/procedures/rules%20of%20procedure.pdf), you have twenty (20) days to respond to this motion.

• If you are going to be unable to respond within the 20 day time period, please fax a letter to OSAH staff attorney Jill Shotzberger, fax # (404)818-3716, at OSAH requesting a thirty (30) day extension to file a response to the Motion. Send a copy of your letter to the lawyer for DCH who sent the Motion for Summary Determination. Your letter should indicate your child’s name, a case number if you have one and an indication that you are appealing pro se (i.e., not represented by an attorney).

• If you have missed the twenty (20) day response time, don’t panic. You should still fax a letter to Ms. Shotzberger informing her that you have missed the filing deadline and that you wish to pursue your appeal and you request a thirty (30) day extension of time to respond. Send a copy of your letter to the lawyer for DCH who sent the Motion for Summary Determination.

• Please know that if your request for an extension is granted, it may be for less than the 30 days you have requested.

We are developing sample documents that you may wish to use in your appeal. One of those documents will be a sample Response to the Motion for Summary Determination. We will let you know when those documents are available and how to obtain them via email and listservs.

Please visit the OSAH website, http://www.osah.ga.gov/. Two helpful links are “About OSAH” and “Proceeding Pro Se: How to Present My Case.” The procedural rules for your appeal OSAH are located through the link “About OSAH” where you will click on “Procedural Rules” and then click “Administrative Rules of Procedure.”

If you are going to withdraw your appeal, we suggest that you sign a settlement agreement that clearly states that the State will not seek any reimbursement for any services or treatments paid for by DCH/Medicaid in exchange for your withdrawal of the appeal. Do not agree to give up your right to re-apply for Katie Beckett in the future.

We will be providing more information about Katie Beckett at a public forum on Tuesday, October 7th, from 1 pm to 4 pm at the State Bar Headquarters at 101 Marietta Street, 3rd Floor, Atlanta, GA 30303. (www.gabar.org/parking_deck/ - See bottom of the web page for directions, MARTA information, and parking) We are exploring other options for providing educational opportunities for families in the near future about this very important topic.



This document should not be construed as legal advice and this document does not create an attorney-client relationship.