Fair Hearing — How to Prepare, What to Expect

If you have documents or other proof that you are right that you should get the service, make two copies and send them to the state before the hearing. 

Send one copy to:

Human Services Board
6 Baldwin Street, Suite 305
Montpelier, VT 05633-4302

Send the other copy to:

Office of the Assistant Attorney General
HC 2 North, 280 State Drive
Waterbury, VT 05671

If you don’t send it before the hearing, be sure to bring the proof to the hearing. Bring everything you have, because you might not get a second chance. Don’t forget to bring any witnesses who can help you.

You will get a letter from the Human Services Board (HSB) after you request your fair hearing. The fair hearing is usually a phone conference call. The letter from the HSB will tell you when the hearing will be and what phone number to call. It will likely be scheduled –two to three weeks after you get the letter. Call the HSB at 802-828-2536 if you don’t get a letter or can’t call on that date.

When the fair hearing happens, you will be on a conference call with the hearing officer and the Assistant Attorney General (AAG). The call will be recorded. During the call you will be able to argue your side of the case. Focus on convincing the hearing officer that you are right. The hearing officer will tell the Human Services Board if it should change the original decision. 

The AAG is a lawyer for the state. The AAG will tell the hearing officer that you are wrong and the state is right. Don’t let this worry you! You can still win.

The AAG and the hearing officer will ask you and your witnesses questions. If you don’t understand something, tell them. You can also ask questions. If you don’t understand what is happening, ask the hearing officer. Ask what information or proof you could get that would make the hearing officer agree with you.

Most people don’t have lawyers for fair hearings. But you don’t have to go alone. Friends or witnesses can go with you. Our health care advocates can help you prepare for the hearing.

Plan ahead. Write down an outline or checklist so you won’t forget anything.

• Introduce yourself.
• Tell the hearing officer what happened and why you are appealing.
  • Start with what happened first.
• Tell them why you’re right. Give them your proof (sections of your handbook, regulations, laws, notices, letters from doctors, medical records, pay stubs, etc.).
  • If you bring a witness, tell the hearing officer.
  • Letters of support from doctors are very important if you were denied medical care. The letters should say why the service you want is medically necessary and give details.
  • Contact us at the Office of the Health Care Advocate (HCA) for help and advice. Fill out this form or call 1-800-917-7787. Our help is free.
• Say why the state said you could not get the help you need. Say why they are wrong.
• The hearing officer and AAG will ask you and your witness questions.
• The AAG will say why the state is right. Then you can ask the AAG’s witnesses questions.
• Say again what you want the state to do and why.