Notice of Hardship Waiver
For long term care clients, a notice of cancellation or of ineligibility for payment of long term care charges due to:
a penalty period resulting from a non-allowable transfer of assets; or
the person's equity interest in his or her homestead exceeding $525,000;
must include a statement of the person's right to apply for a hardship waiver. This statement must inform the client that a written request for hardship waiver must be submitted to HFS Long Term Care - Asset Discovery Investigation (LTC-ADI), including proof that actual, not just possible, hardship exists.
For hardship waiver requests involving transfers of assets, the person must provide credible evidence that, in good faith and to the best of his or her ability, the person has taken all equitable and legal means available to recover assets transferred for less than fair market value.
See PM 01-08-00 .