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Manitoba Health

Manitoba Health Appeal Board

Home Care Appeals

The Manitoba Health Appeal Board (MHAB) hears appeals from individuals who have applied to or are receiving Home Care services. Individuals who disagree with certain decisions made regarding Home Care services can appeal to the MHAB.

The MHAB has been established independent of Manitoba Health and has three important goals in Home Care matters:

  1. Home care recipients and potential recipients are assured a fair and independent hearing of their concerns.
  2. The Minister of Health will receive impartial advice and recommendations.
  3. Uniform criteria and policies will be applied throughout the province.

When Can I Appeal a Decision?

You can file an appeal if:

  • your request for Home Care service was denied;
  • you disagree with the level of service you receive; or
  • you disagree with the type of service provided.

Who Can File An Appeal?

  • Manitobans who are currently using or have applied for Home Care services may file an appeal at any time.
  • Family members, friends, primary care-givers or other providers may file an appeal when they have the home care user's written consent.

How Do I File My Appeal?

The MHAB encourages you to contact your Home Care office first to discuss and try to resolve your concerns. The Administrator of the MHAB will also provide assistance to you in trying to resolve your concerns with the Home Care office. The Administrator can be reached at the Board office.

If you are unable to resolve your concerns with the Home Care office, you can proceed to file an appeal with the MHAB.

Steps to Filing an Appeal:

  1. Contact the MHAB office to request a Notice of Appeal form, or download the form in Adobe Acrobat format.
  2. Fill out this form and return it to the MHAB office. If you have any questions about how to fill out the form, please call the MHAB office at 945-5408 or toll free at 1-866-744-3257 or by e-mail.
  3. If you are unable to fill out the form on your own or attend your appeal hearing, you may have a designate submit the form on your behalf and/or represent you at the appeal hearing. You must provide written authorization for another person to assist or represent you. You can obtain an Agent Authorization form from the MHAB office or download the form in Adobe Acrobat format.

How Does the Appeal Process Work?

Appeals are reviewed and processed on a timely basis. When your appeal form is received, the Board office will contact the Home Care office to obtain their written response to the appeal. Thereafter, you will be sent a Notice of Hearing telling you the date, time and location of your hearing and you or your counsel/agent will be sent a copy of the Home Care response. Appeal hearings are informal and confidential but follow established Rules of Procedure. For copy of Rules, please click here.

Who Attends the Appeal Hearing?

You have several options:

  • You have a right to attend your hearing;
  • You have a right to be represented by legal counsel;
  • If you are unable to attend the hearing and do not have legal counsel, you may be represented by another person who has been designated in writing as your agent (see Steps to Filing an Appeal for form);
  • You may bring witnesses with you but they must be individuals who can provide relevant information regarding the issues involved in your appeal;
  • You may request to participate at the hearing by telephone or by videoconference (where available) if the first three options are not possible;
  • You must advise the Board office in advance of the name of the legal counsel, designated agent or support person and witnesses who will be attending your hearing.

    Note: The Board will not be responsible for any costs associated to your attendance at and/or representation by others at your hearing nor for the attendance of any witnesses.

The hearing will also be attended by:

  • a minimum of three MHAB members and the Board’s Administrator;
  • representative(s) from the regional health authority Home Care program. You will be advised in advance of the hearing as to the names of these representatives.

How Will I Know the Result of the Hearing?

When a decision is reached on your appeal, you and the regional health authority Home Care Program will receive notice of the decision in the mail. The decision of the Manitoba Health Appeal Board is final but may be subject to judicial review by the Court of Queen’s Bench.