Frequently Asked Questions
- What is the Manitoba Health Appeal Board?
- What kinds of appeals does the Board hear?
- How does a person appeal a decision?
- When and where does the Board meet?
- Can my services and appeal proceedings be provided in the French language?
- Do I need a lawyer?
- Could I be represented by someone other than a lawyer?
- Will the Board pay the costs for my representation at the hearing?
- What if I need an interpreter at the hearing?
- What if I have disability-related needs and require assistance?
- How does the Board ensure a fair process?
- Who can attend the appeal hearing?
- What is the Board’s procedure for hearing appeals?
- Who takes part in the decision-making process?
- Are the Board’s decisions final?
- Can I withdraw my appeal after it has been filed?
- Where can I obtain more information about the Board’s appeal process?
What is the Manitoba Health Appeal Board?
The Manitoba Health Appeal Board (the Board) is an independent body established by The Health Services Insurance Act. Sections 9, 10, 57(4), 58, 61, 71 and 127(1) of the Act specifically refer to the Board.
The Chairperson and members of the Board are appointed by the Legislature and are not employees or officials of Manitoba Health.
The Board is responsible for making decisions on appeals under The Health Services Insurance Act and its regulations, The Emergency Medical Response and Stretcher Transportation Act and the Charges Payable by Long Term Patients Regulations 155/97 under The Mental Health Act.
What kinds of appeals does the Board hear?
INSURED BENEFIT APPEALS
- if you are refused registration as an insured person under The Health Services Insurance Act
- if you are denied entitlement to a benefit under The Health Services Insurance Act (example, out-of-province medical service claims and/or transportation subsidies)
HOME CARE APPEALS
- if you are dissatisfied with a regional health authority's decision regarding your eligibility, type or level of service under the Manitoba Home Care program
AUTHORIZED/RESIDENTIAL CHARGE APPEALS
- if you are dissatisfied with Manitoba Health's review decision of an assessed authorized/residential charge (daily rate) in a personal care home, hospital or other designated health facility
PERSONAL CARE HOME PLACEMENT DECISIONS
- if you are dissatisfied with a personal care home placement decision made by a regional health authority assessment panel
MANITOBA HEPATITIS C FINANCIAL ASSISTANCE PROGRAM
- if you are denied financial assistance under the Manitoba Hepatitis C Financial Assistance Program
OTHER TYPES OF APPEALS relate to individuals who have been:
- refused an approval to operate a laboratory or a specimen collection centre, or conditions have been imposed on their approval, or their approval has been revoked;
- refused a license to operate a personal care home or had the license suspended or cancelled;
- refused a licence to operate an emergency medical response system or stretcher transportation service or to act as an emergency medical response technician, stretcher attendant or ambulance operator or had the licence suspended or cancelled.
How does a person appeal a decision?
If you are not satisfied with a decision of Manitoba Health or a regional health authority on the above issues, you can appeal that decision to the Board by:
- completing the appropriate notice of appeal form, which can be obtained from the Board office or through this website (see Manitoba Health Appeal Board Appeal Forms and Home Care Appeals Forms); or
- writing a letter or email that states the decision you are appealing, the date you were notified of the decision and the grounds (reasons) why you are appealing.
If by mail - you should also provide a copy of the decision letter from Manitoba Health or a regional health authority regarding the issue you are appealing. Your notice of appeal must be mailed or delivered to the Board office within 30 days of receiving notice of the decision that you are appealing. If your notice of appeal is filed after the 30-day period, you must also provide a written explanation for the late filing. This will assist the Board in determining whether it will allow your appeal to be filed.
If by email – Provide a clearly scanned copy of the decision letter from Manitoba Health or a regional authority regarding the issue you are appealing. Your notice must be emailed to the board office within 30 days of receiving notice of the decision that you are appealing. If your notice of appeal is filed after the 30-day period, you must also provide a written explanation for the late filing. This will assist the Board in determining whether it will allow your appeal to be filed.
Please email all documents to – appeals@gov.mb.ca
Make sure to clearly state your name, and phone number for contact information.
For more information on appeals and the appeal process, please see the Hearing Guide and/or contact the Board office.
When and where does the Board meet?
The Board meets regularly on Thursdays and holds its hearings at 102 – 500 Portage Avenue in Winnipeg. Occasionally, meetings are held on other days of the week and in other Manitoba locations.
If you are unable to attend the hearing in person, you may ask to participate by way of teleconference call or videoconference (where available). You must contact the Board office well in advance of the hearing date to request these arrangements.
Can my services and appeal proceedings be provided in the French language?
Yes, upon request to the Board office, your services and/or hearing will be provided in the French language.
Do I need a lawyer?
Although all parties appearing before the Board have a right to be represented by a lawyer, there is no requirement that you must be represented by a lawyer. Many individuals choose to represent themselves on their appeals. In an initiative to ensure equity with the public of Manitoba, the Manitoba Health Appeal Board has bridged services with Manitoba Legal Aid’s, Public Interest Law Centre Advocacy Unit. PILC can provide free of cost services to the public, should they choose to appeal any decision and require legal aid.
Could I be represented by someone other than a lawyer?
Yes, but you must provide the Board with your authority to do so [for example, your written authority, an order of committeeship or substitute decision-maker, a grant of power-of-attorney that sets out sufficient authority for the person to act on your behalf]. You could also complete a Representative Authorization form, which is available at the Board’s office or on this website.
Will the Board pay the costs for my representation at the hearing?
No, the Board will not be responsible for any costs associated with your representation by a lawyer or any other designated individual.
What if I need an interpreter at the hearing?
When required, you may request that the Board make arrangements for an interpreter to be present to assist you at a hearing (this includes both official languages and ASL interpreters). However, you must notify the Board office of your request before a hearing date is scheduled. The Board will pay the cost for the services of an interpreter.
What if I have disability-related needs and require assistance?
Requests from parties to a hearing who, because of a disability-related need, require the attendance of additional persons at the hearing, such as a note taker and/or attendant or support person, will be reasonably accommodated by the Board. The Board will not be responsible for any costs associated with the attendance of an attendant or support person.
How does the Board ensure a fair process?
To ensure a fair and unbiased appeal process for everyone involved, the Board members remain at arm’s length from the appellant (the person appealing the decision) and the respondent (the authorized authority who originally made the decision that is being appealed) until the actual appeal hearing. The appellant and respondent are referred to as “parties” to the hearing. Board members and its staff do not participate in the preparation of appeals for any party. However, the Board’s staff can be contacted to discuss an issue related to the appeal and/or procedures for appeals. The Board’s staff will remain in contact with all parties regarding hearing dates and times.
Who can attend the appeal hearing?
You have a right to attend the hearing in person, along with your lawyer or your designated representative. You may bring witnesses with you to the hearing but they must be individuals who can provide relevant information to the Board regarding the issues under appeal.
The general public and media are not allowed to attend the Board’s hearings. However, you may also ask the Board to allow a support person (family member, friends) to attend the hearing to provide moral support.
The respondent also has a right to attend the hearing and will be represented by its lawyer or other designated representative and may also bring witnesses to the hearing.
What is the Board’s procedure for hearing appeals?
The Board follows established Rules of Procedure for appeal hearings and has developed a Hearing Guide that provides information regarding the appeal process. All parties are entitled to submit written documentation (evidence) to the Board in advance of the hearing but within the time limits that are established by the Board. For certain types of appeals, the Board provides parties with an Information Checklist to assist in preparing material for the hearings. All written material provided for the hearing by one party must also be provided to the other party in advance of the hearing date. Upon the approval of the Board, further written evidence may also be presented at the time of the hearing.
At an appeal hearing, the appellant is allowed to present his/her case and call witnesses, followed by questions from the Board and the respondent. The respondent is then provided with an opportunity to present its case and call witnesses, followed by questions from the Board and the appellant. All questions and answers must be directed through the Chairperson. If a party does not attend the hearing, the Board will consider all written evidence that was provided by that party.
After the hearing, the parties leave the room and the Board meets in private (in camera) to discuss what they have read and heard, and makes a decision. In making a decision, the Board has the power to confirm, set aside or vary the initial decision in accordance with the provisions of The Health Services Insurance Act and the regulations or the Board may refer the matter back to the person authorized to make the decision for further consideration in accordance with the Board’s instructions. Generally, within four to six weeks after a hearing, the parties are provided with the Board’s written decision and reasons.
Who takes part in the decision-making process?
Only Board members are present during the deliberation process. This way, members of the Board cannot be influenced by the presence of the parties and their representatives. Decisions on appeals are made by Board members only.
Are the Board’s decisions final?
Yes, the Board’s decisions are final. However, a request for a judicial review of the process can be made to the Court of King's Bench.
Can I withdraw my appeal after it has been filed?
Yes. You can withdraw your appeal at any time before the hearing date. When a decision is made to withdraw an appeal, the appellant or his/her representative should immediately contact the Board’s Administrator.
Where can I obtain more information about the Board’s appeal process?
For more information on appeals and the appeal process, please see our Hearing Guide or contact the Manitoba Health Appeal Board office at 204-945-5408.
Disclaimer: This website is for public information only. Where any information contained herein may be in conflict with the legislation, the legislation will prevail.
