Facility Correction Order Appeals

Depending on the severity, a tag may result in a fine. A facility’s appeal options depend on whether it received a fine from the tag. The letter accompanying the statement of deficiencies will identify which tags resulted in a fine and the amount of the fine. If a tag resulted in a fine, the facility may choose to either request reconsideration or a hearing. If a tag does not result in a fine, the facility’s appeal option is limited to reconsideration.

Each tag wishing to be appealed must be specifically identified in the reconsideration or hearing request. For example, if a facility received eight different “tags” on a survey, it must identify which of the eight tags it wants reconsidered. If requesting a hearing, the facility must identify which of the tags that resulted in fines it wishes to pursue a contested case hearing on. Tags included in a hearing request that did not result in a fine will not be granted the appeal request. A separate reconsideration request must be submitted for those tags.

Reconsideration requests must be submitted within 15 calendar days. Hearing requests must be submitted within 15 business days.

If the Department changes a maltreatment determination, the revised determination will be sent to all parties required under 626.557, subd. 9c(k). The revised report will also be published on the Department’s website. A party who would ordinarily have had a reconsideration right will be afforded the next stage of appellate review. For example, if, as a result of reconsideration, a finding changes from “substantiated” to “inconclusive” or “not substantiated,” the vulnerable adult or other interested party may request review by the Vulnerable Adult Maltreatment Review Panel. Likewise, if a reconsideration changes a finding from “inconclusive” to “substantiated,” the substantiated perpetrator or facility held responsible for the maltreatment has an opportunity for a fair hearing.

A correction order reconsideration is an independent review by a Reconsideration Analyst in the division. The analyst reviews whether the correction order was correctly issued at the appropriate scope and severity. The assigned analyst had no involvement in the survey or investigation that gave rise to the tag. 

MDH aims to issue responses to requests for reconsideration within 60 days. The response letter will summarize the original basis for the correction order, the facility’s argument, and the analyst’s review of the matter.

The reconsideration decision is the final agency decision. There are no further administrative appeals.

A correction order hearing is a contested case hearing conducted by the Court of Administrative Hearings under the Minnesota Administrative Procedures Act and associated rules. (Minnesota Statutes, sections 14.57, et seq., Minnesota Rules, Part 1400.5010-1400.8400.) In such proceedings, both parties present their positions to an Administrative Law Judge under the aforementioned procedural rules and laws. In the hearing, the Department has the burden to demonstrate the correction order and fines were appropriate.

Following the hearing, the Administrative Law Judge makes a recommendation to the commissioner. Parties have a time-limited opportunity to submit exceptions and present arguments as to why they believe the commissioner should adopt or reject all or part of the judge’s recommendation. 

The commissioner has 90 days to issue the final agency order. The parties may request reconsideration of that order. 

A facility that is found responsible for substantiated maltreatment will typically also receive a corresponding correction order and fine. In such cases, both the appeals processes in the Vulnerable Adults Act and the applicable licensing statutes are available to the facility. In such cases, the facility should submit appeals for both actions to the Department. If a fine is issued, the facility may choose to request a contested case hearing on the matter. The maltreatment determination and correction order appeals will not be finalized until both appeals processes have resolved.