Health, Seniors and Active Living
Home Care Appeals
The Manitoba Health Appeal Board (the Board) is an independent body established by The Health Services Insurance Act (also see Manitoba Health Appeal Board). The Board’s duties include hearing appeals from Manitobans who have applied for or are receiving Home Care services (see Manitoba Health Appeal Board Regulation 175/2008).
You (the appellant) can file an appeal if:
- your application for Home Care service is denied;
- you disagree with the type of service that has been approved; or
- you disagree with the level of service that has been approved.
Before filing an appeal with respect to the above-noted issues, the Board encourages you to contact your Home Care program office first to discuss and try to resolve your concerns. The Board’s Administrator will also provide assistance to you in trying to resolve your matter with the Home Care program office. The Administrator can be reached at the Board office (see Contact Us).
If you are unable to resolve your matter with the Home Care program, you can proceed to file an appeal with the Board.
Who should sign the notice of appeal?
Generally, the notice of appeal should be signed by you, as the appellant, or in the case of a minor child, by the appellant’s parents or legal guardians.
If the notice of appeal cannot be signed by you or the parents or guardians of a minor child, the person signing on your behalf must provide a copy of their authority to do so. For example, an order of committeeship or substitute decision maker or a power-of-attorney that sets out sufficient authority for the person to act on the appeal. Alternatively, you may provide your written designation for a specifically-named individual to represent you on the appeal or complete a Representative Authorization form.
The following forms are available on this website (see Home Care Appeal forms) or by contacting the Board office:
- Notice of Appeal
- Representative Authorization
What if I hire a lawyer to represent me on my appeal?
It is recommended that you have your lawyer contact the Board’s Administrator to discuss the appeal process.
How does the Home Care appeal process work?
Home Care appeals are reviewed and processed in a timely manner. When your notice of appeal is received, the Board’s Administrator will provide the respondent (the Home Care program office in the appropriate regional health authority who made the decision that you are appealing) with a copy of the notice of appeal and request a written submission in response to the issue(s) being appealed.
Upon receipt of the respondent’s submission, a copy will be provided to you or your designated representative. At that time, you will be given an opportunity to provide any additional written information in response to the Home Care program’s submission. A copy of any such information will be provided to the respondent prior to the hearing.
Thereafter, the Administrator will be in contact with you or your representative and the respondent’s representative to schedule a hearing date. A Notice of Hearing setting out the date, time and location of your appeal hearing will be provided to all parties (the appellant or his/her representative and to the respondent’s representative).
How will I know the Board’s decision on my appeal?
The Board will prepare a written decision with reasons as soon as possible after the hearing date and provide a copy to all parties. The Board’s written decision will generally be available within four to six weeks after the hearing. However, circumstances may arise where the decision will be issued more quickly or may take longer to issue.
The decision of the Manitoba Health Appeal Board is final but a request for judicial review of the process may be made to the Court of Queen’s Bench.