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United Cerebral Palsy of GA Inc. v. Georgia Dep't of Behavioral Health Developmental Disabilities

Defendants were not entitled to dismissal for plaintiffs' failure to exhaust administrative remedies because defendants failed to give the required written notice of the adverse action at issue.

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United Cerebral Palsy of Georgia, Inc. and others filed a putative class action lawsuit against the Georgia Department of Behavioral Health and Developmental Disabilities, the Georgia Department of Community Health, and those agencies’ commissioners, alleging that the defendants erred in administering the state Medicaid program. The superior court granted the defendants’ motion to dismiss on the ground that the plaintiffs had not exhausted their administrative remedies. The plaintiffs appeal, arguing that they were excused from the exhaustion requirement because the defendants did not give them required notice of the adverse action at issue. We agree and therefore reverse.

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