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payment will be made on the client’s behalf for the period of time while the IM agency is making a decision about the hardship waiver request. The period covered begins on the date a written hardship waiver request is received at the IM agency until the date the agency issues its decision on the waiver request, up to a maximum of 30 calendar days. The IM agency must notify the institution of the agency’s decision about the undue hardship waiver. If the request for an undue hardship waiver is approved, the divestment penalty period will be waived and the need for a bed hold payment is therefore unnecessary. If the undue hardship waiver request is denied, the IM agency must indicate the dates for which the state will make the bed hold payments. Only one bed hold payment will be made for each divestment penalty period. Bed hold payments can only be made on behalf of individuals residing in medical institutions (i.e., nursing homes, etc.) who are requesting an undue hardship waiver. Bed hold payments will not be made for individuals not residing in a medical institution. See Process Help Section 12.18.6.2.1 Divestment for more information for a bed hold due to undue hardship. 22.4.8 Fair Hearing Rights If the request for an undue hardship waiver is denied, the individual has the right to appeal the decision through a written request to the DHA. The individual has 45 calendar days from the date of the notice issuance to file the appeal. These same hearing rights are also applicable to the facility in which the individual resides, as long as the facility has the institutionalized individual’s written permission to represent him or her in the appeal process. 22.4.9 Referrals to Adult-at-Risk Agency If a power of attorney, legal guardian, or other authorized representative transferred the asset, the IM agency must consider making a referral to the local Adult-at-Risk agency for investigation of possible financial exploitation of an elderly, blind, or disabled individual.

This page last updated in Release Number: 24-02 Release Date: 08/22/2024 Effective Date: 08/22/2024 22.5 Legal Guardians, Conservators, Power of Attorney, and Other Representatives 22.5.1 Authorized Representatives Applicants or members can appoint either an individual or an organization as authorized representative. An authorized representative can be appointed through any of the following means: • ACCESS, when applying