The first challenge to an OHFC determination is called a request for reconsideration. Minnesota Statutes, section 626.557, Subd. 9d, provides the legal framework for requesting reconsideration and subsequent appeal rights.

Individuals requesting reconsideration have 15 days after receiving notice to challenge a finding.
Individuals requesting reconsideration should identify why you disagree with the finding and provide information that supports the claim.
Mail or fax your request for reconsideration to:
Maltreatment Specialist
Office of Health Facility Complaints
Minnesota Department of Health
P.O. Box 64970
St. Paul, MN 55164-0970
Fax: 651-281-9796

Vulnerable Adult and Family Appeals

A vulnerable adult, or an interested person acting on behalf of a vulnerable adult, may ask the Office of Health Facility Complaints (OHFC) to reconsider the final disposition regardless of the determination.
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.
The request for reconsideration must be submitted in writing to OHFC within 15 calendar days after receipt of notice of final disposition.
Send requests to:
Maltreatment Specialist
Office of Health Facility Complaints
Minnesota Department of Health
P.O. Box 64970
St. Paul, MN 55164-0970
Fax: 651-281-9796
After the OHFC reconsideration, the vulnerable adult, or an interested person acting on behalf of the vulnerable adult, may request a review by the Vulnerable Adult Maltreatment Review Panel under Minnesota Statutes 256.021. The request must be in writing to OHFC and the review panel within 30 calendar days.
The review panel will make a recommendation to OHFC.
OHFC will then decide if it will change the finding of the investigation.

Facility Appeals

Maltreatment Determination

If the OHFC determines a facility is responsible for maltreatment, the facility may ask OHFC to reconsider the final disposition.
The request for reconsideration must be submitted in writing to OHFC within 15 calendar days after receiving the notice of final disposition.
A request should be sent to:
Maltreatment Specialist
Office of Health Facility Complaints
Minnesota Department of Health
P.O. Box 64970
St. Paul, MN 55164-0970
Fax: 651-281-9796
After the reconsideration, the facility may request a fair hearing at the Department of Human Services with a written request under Minnesota Statutes 256.045. The request must be in writing within 30 calendar days.
The fair hearing judge will make a recommendation to the Commissioner of Health.
The Commissioner will make a final decision.
The facility may request reconsideration to the Commissioner or appeal to a district court.

State Correction Order Dispute

A licensed home care provider may request reconsideration of state licensing orders. The written request for reconsideration must be received within 15 calendar days. MDH will respond within 60 days.
A state licensing order under Minnesota Statutes 144A.44, Subd. 1 (14) is associated with a maltreatment determination by the Office of Health Facility Complaints.
Free from Maltreatment reconsideration requests should be addressed to:
Lindsey Krueger, Interim Director
Office of Health Facility Complaints
Minnesota Department of Health
P.O. Box 64970
St. Paul, MN 55164-0970
Reconsideration requests for any other violation should be addressed to:
Renae Dressel, Health Program Rep. Sr.
Home Care Assisted Living Program
Minnesota Department of Health
P.O. Box 3879
St Paul, MN 55101

Individual Alleged Perpetrator Appeals

If the OHFC determines an individual is responsible for maltreatment, the individual may ask OHFC to reconsider the final disposition.
The request for reconsideration must be submitted in writing to OHFC within 15 calendar days after receipt of notice of final disposition.
A request should be sent to:
Maltreatment Specialist
Office of Health Facility Complaints
Minnesota Department of Health
P.O. Box 64970
St. Paul, MN 55164-0970
Fax: 651-281-9796
After the reconsideration, the individual may request a fair hearing at the Department of Human Services with a written request under Minnesota Statutes 256.045. The request must be in writing within 30 calendar days. A disqualification by the Department of Human Services will impact the process. For more information, see the Background Studes page at the Minnesota Department of Human Services
The fair hearing judge will make a recommendation to the Commissioner of Health.
The Commissioner will make a final decision.
The individual may request reconsideration to the Commissioner or appeal to a district court.