Upon receiving the appeal, MDH will coordinate with the facility and appellant on potential prehearing and/or hearing dates. MDH will then submit a docket request to the Court of Administrative Hearings. Upon receiving either a prehearing or hearing date from the Court, MDH will issue a notice providing the details of the hearing, including time, date, location, and how to attend remotely; a summary of the matter being contested; and additional information about the process.
The hearing must be held at the facility where the appellant lives unless it would be impractical, the parties agree otherwise, or the judge approves a request to appear at another location or virtually.
The hearing is conducted in a manner to allow the parties to expeditiously present the facts about the proposed termination and the issues under contest. It is not a formal contested case hearing.
The assigned administrative law judge will issue a recommendation within five or 10 business days of the hearing, depending on the nature of the termination. The parties have seven calendar days to submit exceptions to the judge’s recommendation. Parties should submit exceptions to health.hrd.appeals@state.mn.us. The Department has 14 calendar days to issue a final agency order. If the Department does not issue an order within 14 calendar days, the judge’s recommendation is adopted as the final agency order.
The resident’s housing or services cannot be terminated while the appeal pends. Similarly, a resident who is not at the facility for any reason, including an emergency relocation, must be allowed to return until the appeal is resolved.
If the resident requires additional services during the time the termination is under appeal, the resident is responsible for contracting for those additional services from the facility or another provider.
For additional statutes and rules related to assisted living contract termination appeals, please see:
