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535 (07/2026) Chapter 2:Eligibility • Section 10: Long-Term Care (LTC) services Hardship waiver process for disqualifying transfer of assets When a disqualification period is calculated for a transfer of assets, individuals are sent a decision notice. The notice incudes information explaining that a waiver of the disqualification can be requested if the disqualification will cause an undue hardship. The individual, their representative or the facility in which the individual resides (on behalf of the individual) can apply for the waiver by completing the Application for Hardship Waiver (APD 0544). If the individual alleges a hardship, the decision about a hardship waiver will be made, and a new notice will be sent if the waiver is denied. The individual will have hearing rights on this decision. If the individual is a recipient and a hearing is requested within 10 days of the notice date or by the effective date of the notice (whichever is later), benefits can continue until the hearing decision and while the hardship waiver decision is pending if the individual requests continuing benefits. Note: If the individual does not allege a hardship and requests a hearing, there is no change in procedure. To apply for a hardship waiver, the request must be made on the Application for Hardship Waiver form (APD 0544). The request must explain what basic need will not be met due to the disqualification. To be eligible for the waiver, the disqualification must create an undue hardship that meets the requirements of the following subsections: • The individual has no other means for meeting their needs. The individual has the burden of proving that no other means exist by:
Exploring and pursuing all reasonable means to recover the assets to the satisfaction of ODHS|OHA, including legal remedies and consultation with an attorney, and
Cooperating with ODHS|OHA to take action to recover the assets. • The disqualification would deprive the individual of:
Medical care such that the individual’s health or life would be endangered, or
Food, clothing, shelter or other necessities of life without which the health or life of the individual would be endangered. If the individual is in a facility receiving care but the facility is not being paid, ODHS|OHA will consider them deprived of medical care, because the facility could take action to evict them due to non-payment. An eviction notice is not required to prove this hardship. The request also must explain what legal action has been taken to try to recover the asset that was transferred for less than fair market value. To be eligible for a waiver of the disqualification, the individual must have taken all legal actions ODHS|OHA determines are reasonable to recover the asset, including consultation with an attorney. They also must agree to cooperate with ODHS|OHA in taking action to recover the asset. The Application for Hardship Waiver form (APD 0544) is required and may be completed by the individual, their authorized representative, or facility. Do not pend for the return of the APD 0544. LTC hardship requests are entered into ONE by eligibility staff and approved or denied by APD policy. Be sure the Application for Hardship Waiver form (APD 0544) is uploaded to the electronic case file (ECF) when the waiver is requested. APD policy will make a decision within 45 days. A Notice of Planned Action (SDS 540) must be sent to the individual and uploaded to the ECF if the request is