The Medicaid Estate Recovery Hardship Waiver is a critical tool in U.S. healthcare administration that emerged from the Omnibus Budget Reconciliation Act of 1993. When a Medicaid recipient passes away, the state has the right to recover costs paid for their care from their estate. However, this recovery can sometimes create significant financial hardship for surviving family members or beneficiaries. The waiver provides a formal process to request relief from this recovery obligation by demonstrating substantial hardship. It requires detailed documentation of financial circumstances, family situation, and the specific nature of the hardship that would result from estate recovery.
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1. Applicant Information: Personal details of the person requesting the hardship waiver including name, address, contact information, and relationship to deceased
2. Deceased Recipient Information: Details of the Medicaid recipient whose estate is subject to recovery, including dates of Medicaid coverage and death
3. Basis for Hardship Claim: Detailed explanation of why estate recovery would cause undue hardship, including specific circumstances and impact
4. Financial Information: Current financial status of affected parties and estate details, including assets, liabilities, and income information
5. Supporting Documentation List: Comprehensive list of required documents that must be submitted to support the hardship claim
1. Caregiver Exception Claim: Section for documenting care provided to the deceased that delayed institutionalization, including dates and type of care provided
2. Business Property Protection: Section for requesting protection of income-producing property such as family businesses or farms, including financial viability information
3. Joint Owner Information: Section detailing information about other property owners when assets are jointly owned, including ownership percentages and dates
1. Schedule A - Financial Documentation: Collection of financial documents including tax returns, bank statements, and property assessments
2. Schedule B - Medical Documentation: Compilation of medical records and documentation supporting the hardship claim
3. Schedule C - Property Documentation: Collection of property-related documents including deeds, titles, and property valuations
4. Appendix 1 - Affidavits: Collection of sworn statements from relevant parties supporting the hardship claim
5. Appendix 2 - Notice of Rights: Standard form explaining applicant's appeal rights and procedures under state and federal law
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