Home and community services
Appeals hearings and reconsiderations
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.
Your appeal and review rights
Appeal hearing
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.Conciliation conference (DD Waiver only)
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.
Reconsideration
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.
Long-Term Services and Supports Notice of Action
Notice of Action (Assessments and Reassessments) | DHS-2828A (PDF)
Notice of Action (Assessments and Reassessments) | DHS-2828A (PDF)
Notice of Action – Explanation of Changes to Your Support Plan | DHS-2828B (PDF)
Notice of Action – Explanation of Changes to Your Support Plan | DHS-2828B (PDF)
Notice of Temporary Service Suspension | DHS-2828C (PDF)
Notice of Temporary Service Suspension | DHS-2828C (PDF)Notice of Service Termination | DHS-2828D (PDF)
Notice of Service Termination | DHS-2828D (PDF)Resources
Appeals
The Appeals Division holds fair hearings when people disagree with a decision about benefits, services or other programs. Human services judges also hear cases that involve claims of program fraud.
Disability Law Center
The Minnesota Disability Law Center helps protect the rights of people with disabilities across Minnesota. It offers free legal help and checks places that serve people with disabilities to help keep people safe and make sure their rights are respected.
Ombudsman for Mental Health and Developmental Disabilities
For help with complaints about services and treatment, contact the Office of Ombudsman for Mental Health and Developmental Disabilities at 651-757-1800 or 800-657-3506. TTY/voice: Minnesota Relay Service 711. This independent state office also reviews deaths and serious injuries and offers civil commitment training.
Office of the Ombudsman for Mental Health and Developmental Disabilities
Submit a question
Submit a question on the contact form if you are unable to find information about Disability Services Division programs and services.