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North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2245

UNDUE HARDSHIP WAIVER FOR TRANSFER OF ASSETS

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ISSUED 11/01/07 – CHANGE NO. 24-07 (IV.C.4.)

g. The couple had total assets of $40,000. Since this amount is less than the 60% of the maximum CSRA, the minimum CSRA, $20,328, is protected for the CSP. The CSRA is actually $20,000 ($40,000 divided by 2 = $20,000). However, this is less than the minimum CSRA which is $20,328 so the CSP amount is $20,328.

D. The a/r or person or institution acting on the a/r’s behalf provides the information and documentation necessary to demonstrate by greater weight of evidence that:

1. He is making a good faith effort to pursue all means to recover the transferred asset or the fair market value of the asset such as but not limited to the following:

a. Contacting the individual(s) or entity to whom the asset was transferred to try to have the asset returned, and

b. Seeking advice from an attorney or seeking advice from an individual or other entity who was involved in the creation of a financial instrument, promissory note, loan, mortgage or life estate interest regarding nullification, and

c. Cooperating with any attempt to recover the asset or the fair market value of the transferred asset.

And

2. The individual can not recover any portion of the transferred asset.

V. UNDUE HARDSHIP DECISION

A. Approve undue hardship when:

1. The written statement from the medical doctor with knowledge of the a/r’s medical condition states that depriving the a/r’s health will suffer irreparable harm or be in danger of death if a penalty period is imposed.

Note: If the a/r is in a nursing home or hospital or a facility like ACH, and not facing discharge, then a/r’s life or health is not endangered.

And