Vulnerable Adult Act Maltreatment Appeals

A request for reconsideration may be submitted by:

• Alleged/Substantiated Perpetrators: An individual found responsible for substantiated maltreatment may request reconsideration.
• Facilities: A facility found responsible for substantiated maltreatment may request reconsideration.
• Vulnerable Adults: The vulnerable adult who was alleged to have been maltreated may request reconsideration, regardless of the outcome
• Other Interested Persons: An interested person acting on behalf of the vulnerable adult has the same appeal rights as the vulnerable adult. Interested person(s) include the following:
  • a person designated in writing by the vulnerable adult to act on behalf of the vulnerable adult;
  • a legal guardian, conservator, or other legal representative;
  • an appointed proxy or health care agent; or
  • an individual who is related to the vulnerable adult. Individuals who are related include spouses, parents or stepparents, children or stepchildren, siblings or stepsiblings, grandparents, nieces, nephews, aunts, and uncles.

To submit a request for reconsideration, visit the online HRD Appeals Submission Form:

• Enter all contact information for the appellant. If you are an attorney or have an attorney, choose “Yes” to the question “Are you represented by an attorney?” and enter the attorney’s contact information in the fields that appear. 
• Choose “Maltreatment Reconsideration” in the “Type of Appeal” dropdown.
• Enter all required information, including facility name, the health facility ID number, and project number. This information should be on the maltreatment public report included with your notice. 
• In the “Description of Your Appeal” field, identify why you disagree with the finding and provide information that supports the claim.
• You may add up to two attachments to your submission. These may be a more expansive description of your appeal or documents or other files supporting your appeal. If you have many documents to submit, it helps to combine them into a single document and upload. If your supporting materials are too large to attach, please contact the Reconsideration Unit at health.hrd.appeals@state.mn.us.  

You may also mail or fax your request for reconsideration to:
Reconsideration Unit
Health Regulation Division
Minnesota Department of Health
P.O. Box 64970
St. Paul, MN 55164-0970
Fax: 651-281-9796

After receiving a request for reconsideration, a Reconsideration Analyst from the Department of Health reviews your request and supporting materials, the Department’s determination, and all records collected by the Department during the investigation. The reviewing analyst took no part in the underlying investigation and so are looking at the materials with an objective perspective. 

The analyst then decides whether the Department’s determination was correct or whether the determination should be changed. A letter is issued to the requestor informing them of the decision. If the report has been modified, a modified report is distributed to all necessary individuals and entities.

The Department aims to have reconsideration requests responded to within 15 business days. However, if the Department fails to issue a determination after 15 business days, you may pursue the next step of the appeals process.

The next step of the appeals process for maltreatment findings depends on the appellant’s identity. 

Individuals and Facilities found responsible for substantiated maltreatment

If the Department upholds a substantiated finding on reconsideration, an individual or facility found responsible for the maltreatment may request a fair hearing on the matter. To submit a fair hearing request, please visit the HRD Appeals Submission Form similar to when you submitted your request for reconsideration, but choose “Maltreatment Hearing” in the “Type of Appeal” dropdown.

Fair hearings are conducted by the Minnesota Department of Human Services Appeals Division pursuant to Minnesota Statutes, sections 256.045 and 256.0451. Following the hearing, a Human Services Judge will issue a recommended order to the Department. The Department will afford both HRD and the appellant a time-limited opportunity to submit arguments for why the commissioner should adopt or modify the recommended order. Following the exhaustion of the time to submit further arguments, the commissioner will submit a final agency decision.

Following the final agency decision, there is an opportunity to request reconsideration of that decision.

Vulnerable Adult and Other Interested Parties

Following the reconsideration determination upholding the original findings, or if the Department fails to issue a response within 15 business days of the request for reconsideration, a vulnerable adult or other interested party may pursue further review by the Vulnerable Adult Maltreatment Review Panel. Requests for review by the Panel must be submitted within 30 days of receiving the Department’s reconsideration decision.

The Vulnerable Adult Maltreatment Review Panel is a group of state agency and organization designees and experts who meet quarterly to review maltreatment determinations as requested by vulnerable adults or interested parties. Within 30 days after the quarterly meeting, the Panel issues a recommendation to the Department of Health and identifies specific rationale supporting the recommendation.  

The Department then issues a final determination, stating the rationale for its decision.

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.