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In the above example, assume that member and son do not live together. The son is employed, and the family receives public assistance benefits. When the member dies, the son files an undue hardship waiver application claiming that if they could be allowed to inherit the farm, they would no longer need public assistance benefits. The Medicaid Estate Recovery Analyst determination shows that if they owned the farm, they would lose public assistance benefits eligibility. The undue hardship waiver applicant is responsible for providing all necessary verifications to the Medicaid Estate Recovery Unit at the address listed above. Failure to timely provide necessary information and documentation may lead to the denial of an undue hardship waiver. Medicaid Estate Recovery Analysts should apply the usual verification requirements in an undue hardship waiver determination and inform the applicant in writing of the documentation that must be provided to substantiate the hardship claim. The Medicaid Estate Recovery Analyst will need to inform the applicant of the various types of acceptable verification; however, the responsibility for obtaining the verification rests solely with the applicant. Any undue hardships must be filed with the Estate Recovery Unit within ninety (90) calendar days of the date the executor or personal representative of the estate receives notice of the FSSA’s claim. The Medicaid Estate Recovery Unit shall review and rule on the undue hardship waiver application within forty-five (45) calendar days after the receipt of a fully completed undue hardship waiver application. 13 If an undue hardship waiver applicant claims that the only source of income comes from the income-producing asset in the estate, the Medicaid Estate Recovery Analyst must determine whether that income is less than the FPL. For the current annual FPL limits set by the Federal Government please refer to the following website: https://aspe.hhs.gov/poverty-guidelines for the current standards. For this determination, family units are defined as a group of people related by birth, marriage, or adoption who live together. In determining the amount of income to compare to the standard, the Specialist will consider: • Gross income from employment • All unearned income • Net self-employment income and rental income in accordance with the methodologies used for the aged, blind, and disabled Medicaid categories. The applicant is responsible for providing the necessary verifications.

The Medicaid Estate Recovery Unit will decide to approve or deny the application and issue a Notice of Action, State Form 48260/OMPP 0004, to the applicant within forty-five (45) days of the application date. An applicant has 30 days to appeal this decision.

1 IC 12-15-9 2 Social Security Act, Section 1917(b)(1), Indiana State Plan 4.17 3 Social Security Act, Section 1917(b)(1), Indiana State Plan 4.17 4 IC 12-15-2-19, H.R.2264 - Omnibus Budget Reconciliation Act of 1993, Subchapter B: Medicaid - Part I: Services, Part II: Eligibility