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DEPARTMENT OF COMMUNITY HEALTH v. FREELS

No. A02A1160.

576 S.E.2d 2 (2002)

258 Ga. App. 446

DEPARTMENT OF COMMUNITY HEALTH v. FREELS.

Court of Appeals of Georgia.

November 19, 2002.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Dennis R. Dunn, Deputy Atty. Gen., William C. Joy, Senior Asst. Atty. Gen., Charles E. Hoffecker, Asst. Atty. Gen., for appellant.

Swift, Currie, McGhee & Hiers, Michael Rosetti, Marietta, for appellee.

RUFFIN, Presiding Judge.

James Freels suffers from a severe form of cerebral palsy. On September 3, 1999, the then five-year-old Freels, through his parents and a treating physician, petitioned the Georgia Department of Community Health (the "Department") seeking reimbursement under Medicaid for his hyperbaric oxygen therapy ("HBOT"). After the Department denied his petition, Freels requested a hearing before an administrative law judge ("ALJ"). The ALJ upheld the...

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