Section He-W 895.04 - Criteria for Determination of Undue Hardship The department shall waive recovery on the basis of undue hardship as provided in (a), (b), (c), (d), (e) or (f) below:
(a) Where the estate includes real property on which a business or farm is located and: (1) The business or farm has been in operation at the primary residence of the heir for at least 12 months preceding the death of the decedent;(2) The business or farm produces more than 50% of the heir's livelihood; and(3) The recovery of the claim would directly result in the loss of the livelihood of the heir;(b) Where the estate includes income-producing property and: (1) The heir has used his/her own personal resources for the past 12 months to maintain the income-producing property;(2) The property produces more than 50% of the heir's livelihood; and(3) The recovery of the claim would directly result in the loss of the livelihood of the heir;(c) Where the estate includes only personal property and recovery by the department would directly result in the heir becoming eligible for public assistance;(d) Where the estate includes the home of the Medicaid recipient upon which the department placed a lien or upon which the department had authority to place a lien but didn't due to insufficient time, and: (1) The applicant is an adult child of the deceased Medicaid recipient;(2) The applicant is the grandchild of a deceased Medicaid recipient who died on or after January 1, 2008 and who can establish that the deceased Medicaid recipient had guardianship over the applicant while the applicant was a minor or that the deceased Medicaid recipient served as in-loco parentis to the applicant while he or she was a minor;(3) The applicant resided in the home of the deceased Medicaid recipient for a period of at least 2 years immediately before the date of the deceased Medicaid recipient's admission to the medical institution;(4) The applicant establishes that he or she provided uncompensated care daily to the deceased Medicaid recipient for at least 2 years immediately before the date of the deceased Medicaid recipient's admission to the medical institution which permitted the deceased Medicaid recipient to reside at home rather than in a medical institution, including but not limited to any or all of the following activities: c. Administering medication;j. Other care specific to the condition of the deceased Medicaid recipient; and(5) The applicant is lawfully residing in the home of the deceased Medicaid recipient and has lawfully resided in such home on a continuous basis since the date of the deceased Medicaid recipient's admission to the medical institution;(e) Where the estate includes the home of the Medicaid recipient, and: (1) The applicant is a sibling of the deceased Medicaid recipient;(2) The applicant resided in the home of the deceased Medicaid recipient for a period of at least one year immediately before the date of the deceased Medicaid recipient's admission to the medical institution; and(3) The applicant is lawfully residing in the home of the deceased Medicaid recipient and has lawfully resided in such home on a continuous basis since the date of the deceased Medicaid recipient's admission to the medical institution; or(f) Where the estate includes the home of the Medicaid recipient which she or he held either in life estate or in joint tenancy, and: (1) The applicant can demonstrate that he or she is either the remainderman under the life estate or the surviving joint tenant; and(2) The applicant can demonstrate that he or she paid value for the remainder interest or joint interest either when the interest was created or to cure a transfer of asset penalty contemplated at He-W 820.01(s) (3) .N.H. Admin. Code § He-W 895.04
Adopted by Volume XXXVI Number 36, Filed September 8, 2016, Proposed by #11170, Effective 8/26/2016, Expires 8/26/2026.