Home and community services
Residential service termination information
If you received a service termination notice from your residential service provider, you might be wondering what to do next or whether you have any options. Below is helpful information that applies to you if you use one of the following waivers:
Brain Injury (BI)
Community Access for Disability Inclusion (CADI)
Community Access for Disability Inclusion (CADI)Community Access for Disability Inclusion (CADI)
Community Alternative Care (CAC)Developmental Disabilities (DD)
Developmental Disabilities (DD)Provider responsibilities
It is important to know that your residential service provider is required to give you a copy of their service suspension and service termination policy and procedures within five days after you started to receive services. Did this occur? Did you keep the copies? Did they explain their policies and procedures and give you the opportunity to ask questions? These are questions to consider when talking to your residential service provider and your support team. It is also important to know that before a residential service provider may issue a service termination notice, they must take actions to avoid it, including:
- A consultation with your support team or expanded support team to identify and resolve issues that led to the termination notice.
- A request to your case manager to add intervention services (intervention services have a legal definition in Minn. Stat. 245D.091) to support you.
Minn. Stat. 245D.091
Frequently asked questions about residential service termination
What are my rights?
You have the right to receive advance notice
Your residential service provider is required to give you and/or your guardian (if you have a guardian) a written notice of a service termination at least 60 days in advance. The provider must also give a written notice to your tribal or county case manager and the commissioner of the Department of Human Services at least 60 days in advance.You have the right to appeal or request a stay of the service termination
You and/or your guardian have the right to appeal the service termination notice. Your tribal or county case manager can help you with the appeal process. If you choose not to appeal the service termination notice, talk to your tribal or county case manager immediately about your service and support options and preferences. You and/or your guardian have the right to request a stay of the service termination notice. DHS may issue a temporary stay of termination, up to 30 days beyond the 60-day effective date of the service termination notice. This means that you and/or your guardian may request an additional 30 days (total of 90 days), to allow more time to move. If granted, you must move by the end of the 90 days.You have the right to move
You have the right to move to a new location. Your waiver has a service option called Family Training and Counseling which covers the cost of a professional, person-centered planner to help you and your support team develop a plan to move. You can use the Disability Hub's person-centered planning guidebook to talk about your preferences with your support team and develop a plan just for you. If you are interested in this service option, ask your tribal or county case manager for assistance.
You have the right to seek out an ombudsman for help
An ombudsman is someone who advocates for adults who receive services. An ombudsman works with you and your support team to ensure your health, safety, well-being and rights. Ombudsman services are free, confidential and available statewide.
Ombudsmen services include:
- Information and assistance about rights, facility regulations, long-term care (LTC) options and supports and services in LTC facilities and in the community.
- Education and empowerment to people to resolve issues on their own behalf.
- Investigation and resolution of complaints related to quality of care or services, quality of life, rights violations, access to services, discharge or eviction concerns and public benefit programs.
Contact the Office of Ombudsman for Long-Term Care
Office of Ombudsman for Long-Term Care
Phone: toll free 1-800-657-3591 or 651-431-2555E
Mail: Office of Ombudsman for Long-Term Care, P.O. Box 64971, St. Paul, MN 55164-0971.
How do I appeal or request a stay of the service termination?
Appeals process
DHS must receive the appeal request within 30 days after you receive the service termination notice. However, if you can show a valid reason for not appealing within the time limit, you may appeal up to 90 days after you receive the notice. You and/or your guardian may appeal by completing the Appeal to State Agency form online or by printing and completing a copy and sending it to:
Department of Human Services, Appeals Division
P.O. Box 64941
St. Paul, MN 55164-0941
Phone: 651-431-3600
Fax: 651-431-7523
Appeal to State Agency, DHS-0033
Request a stay
The department must receive the request to stay the service termination notice within 30 days after you receive the service termination notice. You and/or your guardian may request a stay by sending a short letter to your county of financial responsibility (CFR). Then, the CFR will submit your letter and the CFR’s recommendations to Appeals Division at the address above.
Where can I find more information about residential service terminations?
The Guide to support a person with a residential service termination notice provides additional information and guidance to tribal or county case managers to assist you with a service termination notice.
What about other service terminations?
If you received a service termination for other home and community-based services, including basic and intensive support services identified in Minn. Stat. 245D.03, you also have rights and appeal options available to you. The provider is required to give you, your guardian and your tribal or county case manager a written notice of a service termination at least 30 days in advance for basic services, and 60 days in advance for intensive services. For information related to service terminations related to both basic and intensive services, see Minn. Stat. 245D.10, subd. 3(a) or ask your tribal or county case manager for assistance.
Why did I receive a residential service termination notice from my provider?
Residential service providers may issue a service termination for the following six reasons:
- The termination is necessary for the person’s welfare, and a facility cannot meet the person’s needs.
- The safety of the person or others who receive services is endangered, and the provider attempted to use positive support strategies but has not achieved and effectively maintained safety.
- The health of the person or others who receive services is endangered.
- The program has not received payment for services.
- The program stopped operating.
- The lead agency terminated the person’s waiver eligibility.
Note: There is an additional reason that applies if you receive services from a state-operated community-based service. You can find further information in Minn. Stat. 245D.10, subd. 3(a). If you received a service termination notice for any other reason, ask your tribal or county case manager for assistance.
Additional questions?
If you have questions about DHS work related to service terminations or program closures, or if you would like a resource added to this webpage, email the positive supports email address.