Children's Hospital v. Georgia Department of Medical Assistance

Pope, Presiding Judge.

The dispositive question in this appeal is whether there are genuine issues of material fact as to whether an out-of-state hospital provided emergency medical services to a Georgia resident. The answer is that there are indeed genuine issues of material fact. Consequently, the judgment of the superior court affirming an administrative law judge’s summary determination that there are no genuine issues of material fact is erroneous and must be reversed.

Preston Puckett was born in 1992 with a bowel disease which prevented his intestines from absorbing sufficient nutrients…