Any time a change is made to services, the county or state is required by law to provide notice. The change can be an increase, decrease or termination of services. The county uses the Notice of Action DHS-2828 (PDF) to notify a person of changes to waiver services. When a person and/or their legal representative do not agree with a county or state agency action, they have the right to ask for the following.
A person has the right to appeal any time they do not agree with a county or state decision. An appeal hearing must be requested in writing within 30 days after you get a written notice about a county or state decision. The Appeals Unit at DHS will schedule a hearing for anyone who asks for a hearing.
If a person receives case management services through the DD Waiver, they may ask for a conciliation conference before, or at the same time, they request an appeal hearing. The conference takes place in an informal setting. The persons may be able to settle the disagreements with the help of a mediator. For more information on how and when to request a conciliation conference, contact your local county agency (PDF).
A person who does not agree with the results of an appeal hearing may appeal to the district court or ask the state to reconsider the decision. Reconsideration must be asked for in writing, within 30 days of the date on the appeal decision. State in the request why reconsideration is asked for. When able, state a factual or legal error.
Reconsideration will be given only if it appears that the appeal decision does have one or more errors. Information that was heard during the appeal will not change the outcome on reconsideration. An appeal decision cannot be reconsidered once it has been appealed in the district court.
Appeals, regulations, bulletins and contracts (brochures, fair hearings decision database, frequently asked questions and more)
Office of the Ombudsman for Mental Health and Developmental Disabilities,
Phone: 651-757-1800, 800-657-3506
TTY/VOICE - MN Relay Service 711
Let us know if you are unable to find information about disability programs and services. E-mail the DHS DSD Response Center.