5725.3 Decision Regarding Undue Hardship

KDHE-DHCF policy staff is responsible for rendering the decision regarding undue hardship. The agency shall respond to the individual in writing with a decision within 30 calendar days from the date of receipt of the request.

If the undue hardship claim is granted, the transfer of property penalty shall be waived only to the extent necessary to prevent the potential or continued deprivation of institutional services. A complete determination of medical assistance for those services would then be completed.

If the undue hardship claim is denied, the individual, or the facility acting in the individual's behalf, retains fair hearing rights (see 1610 ).