Minn. R. 9505.5105 - FAIR HEARINGS AND APPEALS
A recipient may appeal any of the following department actions:
The right to appeal shall not apply to the list of surgical procedures established according to Minnesota Statutes, section 256B.0625, subdivisions 1, 4a, and 24.
When a recipient requests assistance from a local agency in filing an appeal with the department, the local agency shall provide the assistance.
The request for a hearing must be submitted in writing by the recipient to the appeals unit of the department. The request must be filed either:
A referee shall conduct the hearing according to Minnesota Statutes, section 256.045, subdivision 4.
Within 90 days of the date of receipt of the recipient's request for a hearing, the commissioner shall make a ruling to uphold, reverse, or modify the action or decision of the department or the medical review agent. The commissioner's ruling shall be binding upon the department and the recipient unless a request for judicial review is filed pursuant to Minnesota Statutes, section 256.045, subdivision 7.
Notes
Statutory Authority: MS s 256.0625; 256.9352; 256.991; 256B.04; 256D.03; 256L.02
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