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MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL b. The trustee has refused to make such income/resources available to the individual; and c. The individual has sufficient funds to cover the cost of institutionalized care; and d. Without Medicaid, the individual would be forced to go without life sustaining medical care; and e. Where the individual has the ability to amend the trust so it contains the provision, upon death of the individual the State receives an amount equal to the total amount of medical assistance paid on behalf of the individual; and f. The customer has exercised all reasonable efforts and all possible avenues to recover and/or access the assets held in the trust. Once the undue hardship request and all the necessary information to substantiate the claim are received, send all the information along with Form 6009 with the information below to the Chief of E&P requesting a decision on whether an undue hardship exists. a. The name and case number of the applicant/recipient; b. The applicant date; c. The date the customer began receiving LTC or HCBW Services; and d. A brief description of the circumstances why it would be an undue hardship if the trust provisions were applied. A decision whether an undue hardship waiver will be granted should be made within forty-five days from the date the Form 6009 and all pertinent information is received by the Chief of E&P, unless extenuating circumstances exist. An adverse determination may be appealed if received by the hearing officer within ninety days from the date of the undue hardship decision. F-550 TREATMENT OF TRUSTS Division of Welfare and Supportive Services Medical Assistance Manual 25 Mar MTL 03/25 UNDUE HARDSHIP