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UNOFFICIAL 1725.1-46 and the individual’s right to request a hardship waiver. (2) The individual shall have twenty calendar days from the mailing of the notice of denial or adverse action as specified in paragraph (1) to request a hardship waiver and provide all documentation to support the basis of a hardship waiver request. (3) The department shall make a determination 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 enforcement date of the penalty period and the right to request a fair hearing under chapter 17- 1703.1. (e) Nursing facilities may request a hardship waiver on behalf of their resident with the 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. [Eff 09/30/13] (Auth: HRS §346- 14; 42 C.F.R. §431.10; 42 U.S.C. §1396p(c)) (Imp: 42 C.F.R. §431.10; 42 U.S.C. §1396p(c))

§17-1725.1-59 Individual with substantive equity in a home property. (a) An individual shall not be eligible for coverage of long-term care services if the individual’s home equity interest exceeds $750,000. (b) The individual’s home equity interest shall be determined by the fair market value less encumbrances. (c) The provisions of this subsection do not apply if the individual’s spouse, a child under age twenty-one years, a blind child, or a disabled child is residing in the individual’s home. (d) An individual affected by the provisions of this subsection is allowed to reduce their equity in