The Record in Medicaid Cases

A record must be kept in all contested cases. 42 C.F.R. § 431.244 provides:

(b) The record must consist only of—

(1) The transcript or recording of testimony and exhibits, or an official report containing the substance of what happened at the hearing;
(2) All papers and requests filed in the proceeding; and
(3) The recommendation or decision of the hearing officer.

(c) The applicant or beneficiary must have access to the record at a convenient place and time.

O.C.G.A. § 50-13-13(a)(8) provides that the record must include: (A) All pleadings, motions, and intermediate rulings; (B) A summary of the oral testimony plus all other evidence received or considered except that oral proceedings or any part thereof shall be transcribed or recorded upon request of any party. Upon written request therefor, a transcript of the oral proceeding or any part thereof shall be furnished to any party of the proceeding. The agency shall set a uniform fee for such service; (C) A statement of matters officially noticed; (D) Questions and offers of proof and rulings thereon; (E) Proposed findings and exceptions; (F) Any decision (including any initial, recommended, or tentative decision), opinion, or report by the officer presiding at the hearing; and (G) All staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case.