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4.12 UNDUE HARDSHIP CONSIDERATION A. EOHHS may make adjustments to and settle estate liens to obtain the fullest amount practicable. B. A lien may be postponed in whole or in part when EOHHS determines execution of the lien would work an undue hardship. C. An undue hardship may be found to exist and execution of the lien may be postponed if a sale of real property, in the case of an individual's home, would be required to satisfy a claim, if all of the following conditions are met. D. An heir or beneficiary may request that the EOHHS delay the execution of its lien if: 1. An individual was using the property as a principal place of residence on the date of the recipient's death; and 2. That individual resided in the decedent's home on a continual basis for at least twenty-four (24) months immediately prior to the date of the deceased recipient's death; and 3. That individual has, from the time EOHHS first presented its claim for recovery against the deceased recipient's estate and after, annual gross income in an amount not to exceed 250 percent (250%) of the then applicable federal poverty level (FPL) income standard based on the same family size, and assets not to exceed the then applicable Medically Needy resource standards. E. If an individual meets the above criteria, the heir(s) or beneficiary(ies) may submit a request to the EOHHS Legal Office for consideration of undue hardship and the delay of the execution of EOHHS’s lien against the property if it appears that the individual is able to continue to reside in the property. F. Requests for consideration of undue hardship will be reviewed by a team of three members therein designated by the Medicaid Director. The review team will render decisions by giving due consideration to the equities involved as well as the obligations of the parties involved. G. Additionally, undue hardship will be determined by EOHHS on a case-by-case basis and will include, but will not be limited to, the following: 1. Be rendered homeless without the resources to find suitable housing; or 2. Lose his/her means of livelihood; or 3. Be deprived of food, clothing, shelter, or medical care such that life would be endangered should a finding of undue hardship be denied.