Worker Responsibilities:

Documenting Transfer Penalties

1. Document date transfer occurred.

2. Document calculation used to determine uncompensated value of transferred property.

3. Document when penalty begins and ends.

Calculating Split Delayed Eligibility for Spouses

1. Determine number of months remaining in delayed period of eligibility.

2. Subtract from the original number.

3. Split between couple.

Establishing Undue Hardship

1. Receive Medicaid Hardship Exception Request (DHCH-303) from client.

2. Require the following verifications to be provided:

2A. Medicaid Hardship Exception Physician Statement DHCF-304 .

2B. Require the client to meet one of the following criterion:

Receiving party cannot be located by the individual, spouse, fiduciary, or an agent of the nursing facility and all attempts to locate the receiving party have been exhausted; Transferred resource was due to theft, fraud, or financial exploitation of the individual or their spouse, which has been reported and pursued through Adult Protective Service or law enforcement; or The individual has exhausted all reasonable legal means to recover or regain possession or obtain fair market value of the transferred resource. This may include seeking the advice of an attorney and pursuing legal or equitable remedies, such as asset freezing, assignment, or injunction; seeking modification, or nullification of a financial instrument, cooperating with any attempts to recover the transferred asset.

3. Approve undue hardship when client meets the criteria above and has provided the physician statement and required verifications.