CDS Program Consumers Adverse Action – You have the Right to Appeal

If at any time you receive an Adverse Action Notice form from Department of Health and Senior Services (DHSS) to advise you that a decision has been made concerning your services through the Missouri Division of Senior and Disability Services, you need to be aware of your appeal rights. NOTE: You may want to contact your Consumer Directed Services Specialist at ILRC for assistance. They can provide information and referral to assist you during this process.

Rights and Appeals Process: You have the right to appeal the decision for ninety (90) days from the date of the notice pursuant to Section 208.921 and 208.930, RSMO Supp. 2009.

To appeal, you must submit a written request to the DHSS worker listed on the Adverse Action Notice. If you request a hearing within ten (10) days of the date the notice was mailed, your services will continue unchanged while your hearing is pending. However, if the decision of the agency is determined to have been correct, the state has the ability to hold you responsible for repaying the cost of services you received while your hearing was pending.

If your request for appeal is not received within ten (10) days of the date the notice was mailed, your services will be reduced, modified, or discontinued according to the date indicated on the Adverse Action Notice. However, you will have the right to appeal the decision within ninety (90) days of the notice.