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Grievance and Appeals

Your Designated or Specialized Services Agency’s Grievance and Appeals Coordinator can help you file a grievance or appeal depending on the nature of your concern with Medicaid funded developmental disabilities services. A list of providers can be found at Developmental Disabilities Service Providers.

Under Vermont’s Global Commitment to Health, the Department of Vermont Health Access (DVHA) has established a process to formally resolve concerns about the Medicaid funded services you receive.

For more information about Appeals, Fair Hearings and Grievances please visit the Department of Vermont Health Access at http://dvha.vermont.gov/appeals-and-fair-hearings.

Appeal: You may file an appeal when you do not agree with proposed changes to the type of services or amount of Medicaid funded services offered as part of your support plan.

Examples include:

  • Denial of some or all of a particular service
  • Reduction of a support or service previously approved

Grievance: You may file a formal grievance when you are not satisfied with the quality of your Medicaid funded services, including the manner in which staff behave and relate to you. Examples of grievance issues include dissatisfaction with: 

  • How you were treated
  • The quality of your services
  • The way your services are provided
  • How your Designated or Specialized Services Agency provides services
  • A program decision that is not appealable
  • A policy decision that is not appealable

Grievance Review: If you are not satisfied with the decision for your initial grievance, you may file a grievance review. The grievance review is a process to have someone who was not involved in the initial grievance review to ensure that the grievance decision was decided in an impartial manner and that the response was consistent with the issues and/or facts presented.

How to File a Grievance

A grievance may be made verbally or in writing. One option to file a grievance in writing is to Complete this Form

If you are dissatisfied with the DA/SSA providing your Medicaid funded developmental disability services or a member of their staff, you may file a grievance with the agency’s Grievance and Appeals Coordinator.

If you are dissatisfied with the Developmental Disabilities Services Division or a member of their staff, you may file a grievance by writing to:

Division of Developmental Disabilities Service
Department of Disabilities, Aging and Independent Living
280 State Drive, HC2 South 
Waterbury, VT 05671-2030 
Fax: 802 241-0410

You can also file a grievance by calling 802 241-0304 

If you are dissatisfied with Transition II or a member of their staff, you may file a grievance by writing to:

Department of Disabilities, Aging and Independent Living
280 State Drive, HC2 South
Waterbury, VT 05671-2030
Fax: 802 241-0410

You can also file a grievance by calling 802 241-0304

If you disagree with a decision made by the Office of Public Guardianship, there is both an informal and a formal process to address situations where an individual disagrees with a guardian’s decision.  It is recommended that the informal process be attempted first, but individuals may choose to move right to the formal process.

Informal Process

If an individual disagrees with the decision of a guardian, the individual and guardian can meet to discuss the disagreement. Members of the individual’s support team, Green Mountain Self Advocates, the guardian’s supervisor, a friend of the individual, and/or a mediator may participate in an informal process to resolve the disagreement with the consent of the individual and guardian.

 


Formal Process

If, after an informal process or in situations where an individual chooses to access the formal process immediately, the individual can request their disagreement be resolved through the formal options below.

The guardian will assist the individual to consult with a lawyer from Vermont Legal Aid’s Disability Law Project (or another lawyer if the individual has one) to discuss options for review. The choice of which option to pursue will be made by the individual and the individual’s lawyer. The options include:
          (1) Formal mediation

          (2) Appeal to the Director of the Office of Public Guardian
          (3) Appeal to Family Court or the Human Services Board under 18 V.S.A. 9315 or appeal to the Probate Court
                (if the Guardian was appointed pursuant to 14 V.S.A.§3092).
          (4) A petition to modify or terminate guardianship under 18 V.S.A.§9316
 

For more information on the Grievance and Appeals Process

Grievance and Appeals Processes

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