Reforming case appeals process

The House voted 76-50 on May 10 to pass a bill that would modify the case management appeals process involving county agencies and recipients of waiver services. The legislation would also extend the process to individuals who receive any case management services under Medical Assistance or who receive personal care assistance services.

Rep. Jim Abeler (R-Anoka), who sponsors HF1138, said the bill aims to reduce the adversarial nature of the relationship between the recipients of waiver services and the county and court system by minimizing the resources spent in the appeals process.

The bill would require that any recipient of case management or personal care assistance services who contests a county’s action, reduction, suspension, denial or termination of services to submit a written request for an informal conference with the recipient’s case worker and county social service director or designee. It would also require the county to notify the recipient of the county’s action within 15 days of the conference and the county to notify the recipient at the time of application and at the time of any change in services of the recipient’s right to request an informal conference.

Abeler said he plans to continue to work with the Department of Human Services and the counties on development of the bill as it moves to its next step in the legislative process. The bill now awaits action by the Senate where Sen. David Hann (R-Eden Prairie) is the Senate sponsor.

Rep. Tina Liebling (DFL-Rochester) criticized the timing of the bill being heard on the House floor when it does not yet have support from the department and the counties.

“I don’t think it’s appropriate to say, ‘Yes, it’s OK to move something through to conference committee,’ that is still in a pretty rough form and then say we will work it out there and then just kick the can down the road in the legislative process,” Liebling said.

Rep. Steve Gottwalt (R-St. Cloud) praised Abeler’s efforts to include the counties in the development of the bill that could save money in the appeals process.

“When it comes to reforms, sometimes this is the process you follow. I want to give Rep. Abeler an ‘A’ for effort for having the courage to bring forward real reform that can actually make a difference.”