Undue Hardship Request Review

(a) A request for a hardship waiver shall be filed with the department within 30 calendar days from the Medicaid recipient's death or within 30 calendar days from the date of the filing of the department's claim with the probate court, whichever is later.

(b) The request shall contain a written statement of the circumstances constituting the hardship and supporting documentation as described in He-W 895.05.

(c) Determinations of the existence of undue hardship shall be made within 90 calendar days from the date of the hardship waiver request.