MALTREATMENT AND PROFESSIONAL LICENSING LITIGATION

Arneson & Geffen understands that your career, your business, and your reputation are at stake when you are accused of maltreatment or your professional license is impacted.  Arneson & Geffen represents individuals and facilities in litigation involving the Minnesota Department of Human Services (“DHS”) and other licensing entities and boards. Areas of litigation include:

• Maltreatment Appeals (including Serious or Recurring Maltreatment)
• Temporary Immediate Suspension Appeals
• Disqualification Appeals
• Reconsideration and Set-Aside Requests
• Alleged Violations of the Maltreatment Of Minors Act
• Alleged Violations of the Maltreatment Of Vulnerable Adults Act
• Overpayment Appeals
• Matters before licensing boards, such as the Board of Social Work or the Board of Nursing
• Fair Hearings and Contested Cases

Arneson & Geffen has successfully represented clients in cases involving alleged maltreatment, disqualifications, set-asides and more.  We help clients in administrative appeals before the Department of Human Services and the Office of Administrative Hearings.  We also help clients appeal to County District Courts and the Minnesota Court of Appeals.  Contact our firm for a free consultation regarding your licensing issue.

Examples of successful cases:

Finger in the Door:  Obtained a reversal of a DHS decision that a child care provider committed maltreatment when she accidentally closed a door on a child’s finger causing some minor harm.  After a hearing and briefing, the administrative law judge ruled the injury was an accident and overturned DHS’s finding. The client quickly returned to her position.

Maltreatment by Kit-Kat:  Obtained a reversal of a DHS decision that child care facility committed maltreatment against a minor when a staff member ignored policy rules and fed a child with a peanut allergy a candy bar that was made in a facility that used peanuts.  After a contested case hearing, the judge ruled that the facility followed state laws and the employee, despite training, deviated from that policy.  The judge overturned DHS’s finding that the facility committed maltreatment against a minor.

Permanent Disqualification Reversal:  Obtained a reversal of a DHS decision that a nurse’s aide was permanently disqualified from working in her field based on a non-conviction that occurred 15 years ago in another state.  In reaching its original determination, DHS concluded that although she was not convicted of the crime, the police reports indicated that based on the preponderance of the evidence, the client committed second degree assault.  After numerous communications with DHS, it reversed its decision and client continued to work in her chosen field.

Constitutional Violation:  Obtained a decision from the Minnesota Court of Appeals reversing DHS’s decision to deny client a hearing.  Client was never convicted of a crime, but DHS concluded based on 10 year old police records that the preponderance of the evidence illustrated client committed a crime that disqualified him from working as a social worker for 15 years.

Jon Geffen has extensive experience litigating maltreatment determinations and other licensing sanctions.

CONTACT JON GEFFEN AT (612) 465-8580 FOR A FREE INITIAL CONSULTATION