Section 17-1725.1-60 - Waiver of excess home equity due to undue hardship(a) The denial for the coverage of long-term care services may be waived if the department determined that the imposition of ineligibility will cause the individual undue hardship.(b) Undue hardship exists if the denial of coverage of long-term care services would deprive the individual of: (1) Medical care such that the individual's life or health would be endangered; or(2) Food, clothing, shelter, or other necessities of life.(c) Undue hardship may be granted if the individual provides a written statement with satisfactory evidence to the department of the legal inaccessibility of the excess home equity through any means provided by the individual, spouse, legal representative or authorized representative from the nursing facility.(d) The process for requesting and reviewing a waiver of ineligibility due to excess home equity is as follows: (1) The department shall send the individual a notice of denial or a notice of adverse action according to the requirements of chapter 17-1713.1 to inform the individual of ineligibility due to excess home equity and of the individual's right to request a hardship waiver.(2) The individual shall have twenty calendar days from the mailing of the denial or adverse notice as specified under paragraph (1) to request a hardship waiver and provide all documentation to support the basis of the hardship waiver request.(3) The department shall make a determination of whether to grant a hardship waiver within ten business days after receiving the waiver request and supporting documentation.(4) An individual who is denied a hardship waiver shall be informed of the right to request a fair hearing under chapter 171703.1.(e) Nursing facilities may request a hardship waiver on behalf of their resident with specific written consent of the resident or the resident's personal representative and may represent the resident or the resident's personal representative throughout the appeals process.Haw. Code R. § 17-1725.1-60
[Eff 09/30/13] (Auth: HRS § 346-14; 42 C.F.R. §431.10; 42 U.S.C. §1396 p(c)) (Imp: 42 C.F.R. §431.10; 42 U.S.C. §1396 p(c))