Hardship Waiver for Individuals with Substantial Home Equity

(a) To request a waiver of being denied for or terminated from NF or HCBC services due to excess home equity pursuant to He-W 856.05(d), the individual shall:

(1) Submit a request for a waiver of the eligibility criteria described in He-W 856.05(d), pursuant to (b) below; and

(2) Identify the specific reason(s) for the request from the following list:

a. Being denied for or terminated from NF or HCBC services due to excess home equity would result in the individual being deprived of, and otherwise unable to obtain, necessary care such that his or her individual’s health or life would be endangered; and

b. Being denied for or terminated from NF or HCBC services due to excess home equity would result in the individual being deprived of, and otherwise unable to obtain, food, clothing, shelter, and/or other necessities of life.

(b) The requests for a waiver described in (a) above shall include all of the following:

(1) The individual’s name, address, and telephone number;

(2) Identification of the specific reason(s) for the undue hardship waiver request, pursuant to (a)(2) above;

(3) The name, address, telephone number, and relationship to the individual of the individual’s legal guardian, authorized representative (AR), power-of-attorney, or attorney, if any; and

(4) The printed name and dated signature of the individual or, if filed by the individual’s agent or representative, the printed name and dated signature of the agent or representative, and their relationship to the individual.

(c) A request for a waiver described in (b) shall include all required verification pursuant to (f) and (g) below.

(d) The date the department of health and human services (DHHS) receives the completed request described in (b) and (c) above, shall be the individual’s filing date for a waiver.

(e) The filing date pursuant to (d) above shall be no later than 30 calendar days from the date on DHHS’ notice of a denial or termination of NF or HCBC services.

(f) Individuals shall verify the undue hardship described in (a)(2)a. above by submitting the documentation described in He-W 821.01(c)(1) and:

(1) He-W 821.01(c)(4)a. for NF services; or

(2) He-W 821.01(c)(4)b. for HCBC services.

(g) Individuals shall verify the undue hardship described in (a)(2)b. above by submitting the documentation described in He-W 821.01(c)(1) and:

(1) A signed and dated statement from the individual, or the individual’s agent, or representative, explaining how the imposition of a penalty period due to home equity exceeding the limit will result in the deprivation of food, clothing, shelter, or other necessities of life; and

(2) A signed and dated statement from the NF or HCBC service providers describing the specific services that the individual must retain to avoid being deprived of food, clothing, shelter, or other necessities of life.

(h) Upon receipt of a request for a hardship waiver, DHHS shall:

(1) Review the request, attachments, and any other supporting documentation provided with the request;

(2) Determine whether the request establishes that the individual will suffer an undue hardship if the excess home equity penalty is imposed; and

(3) Notify the individual, or the individual's agent or representative who submitted the request, of DHHS' decision on the request.

( i ) Failure to comply with the requirements for the waiver request will result in the request being denied, unless DHHS determines that there was good cause for the non-compliance.

Source. #9136, eff 4-22-08; ss by #11058, INTERIM, eff 3-24-16, EXPIRED: 9-20-16

New . #12217, eff 6-22-17 (See Revision Note at Part heading for He-W 821)