1725.3 Waiver of Estate Recovery Action

A recipient, a recipient's spouse, or a member of recipients surviving family may request a waiver of estate recovery action including liens when there will an undue hardship. This waiver could apply to either or both court claims and lien imposition. Each case will be examined on its own merits and circumstances. The factors for evaluating a waiver are:

Type of assets involved in the case;

Availability of alternative means for satisfying the claim;

Actions of the family in helping decedent; particularly when such actions helped avoid or reduce medical costs which would have otherwise been incurred by the Medicaid program;

Impact of recovery action on the financial circumstances of the surviving family;

Impact of recovery action on business in which the decedent owned an interest; and

Any other relevant factors.