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UNOFFICIAL 1725.1-47 the home property through the use of a reverse mortgage or a home equity loan without penalty. (e) An individual affected by this subsection has the right to file for a waiver due to demonstrated hardship by which the individual is legally barred from taking action to access the equity in the property. (f) Effective 2011, the amount of the equity interest shall be subject to increase each calendar year based on the percentage increase in the consumer price index for all urban consumers, rounded to the nearest $1,000. [Eff 09/30/13] (Auth: HRS §346-14; 42 C.F.R. §431.10; 42 U.S.C. §1396p(c)) (Imp: 42 U.S.C. §1396p(c))

§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