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Medical Services Policy Manual, Section H

H 700 Undue Hardship Waiver

H-700 Undue Hardship Waiver MS Manual 08/29/22 An individual may request an Undue Hardship Waiver: 1. When denied eligibility due to excess home equity , 2. When denied nursing facility vendor payment due to a transfer of resources/income for less than fair market value, or 3. After receiving notice from Department of Human Services (DHS) of intent to recover Health Care payments through the Estate Recovery process. The individualor Authorized Representative will need to provide the caseworkerverification to support the allegation of hardship. H-710 Hardship Waiver for Home Equity Refer to Health Care Procedure Manual for more Information. MS Manual 06/01/25 An individual who is denied eligibility due to excess home equity may request an Undue Hardship Waiver. (Refer to MS E-517.) An example of a situation in which an undue hardship may exist is if the individual makes an allegation that the home equity should not be counted because of a legal impediment to selling or transferring the home. A decision on the hardship waiver will be made by the Hardship Waiver Committee. If the person who applied for the waiver disagrees with the DHS decision, they may appeal the decision within thirty-five (35) days of the date of notice about the DHS decision (MS J-100). H-720 Hardship Waiver for Transfer of Resources/Income Refer to Health Care Procedure Manual for more Information. MS Manual 06/01/25 Once it has determined that this transfer does not meet an exception found at MS H-309 and it has been determined that the resource or income was not transferred exclusively for some other purpose through a rebuttal found at MS H-312-313, a hardship waiver may be pursued.