Appendix H: Denial of Undue Hardship Waiver Request Notice

DENIAL OF UNDUE HARDSHIP WAIVER REQUEST NOTICE TEXT-LTC ASSET TRANSFERS  

When an undue hardship is denied for an expired penalty period, the following text and citations should be printed on the manual notice sent to the individual in the LTC facility as well as all involved parties, informing them that the undue hardship waiver was denied:  

 

You previously received a notice stating you would not qualify for payment of

Long Term Care (LTC) facility services for a certain time period because you gave

away or transferred assets for less than fair market value (FMV). You requested

an undue hardship waiver. Your request for an undue hardship waiver is denied

 because you did not prove that the denial of the payment of LTC services

 will deprive you of medical care such that your health or life would be endangered,

or you will be deprived of food, clothing, shelter or other necessities of life.

You remain eligible for all other Medical Assistance benefits. 

Citations: 42 U.S.C. § 1396p(c) and 55 Pa. Code § 178.104a, 178.104b 

 

DENIAL OF UNDUE HARDSHIP WAIVER REQUEST NOTICE TEXT-HCBS ASSET TRANSFERS  

 When an undue hardship is denied for an expired penalty period, the following text and citations should be printed on the manual notice sent to the individual requesting payment of HCBS as well as all involved parties, informing them that the undue hardship waiver was denied:  

 

You previously received a notice stating you would not qualify for payment of

Home and Community Based Services (HCBS) for a certain time period because

you gave away or transferred assets for less than fair market value (FMV). You

requested an undue hardship waiver. Your request for an undue hardship waiver

is denied because you did not prove that the denial of the payment of HCBS

 services will deprive you of medical care such that your health or life would be endangered,

or you will be deprived of food, clothing, shelter or other necessities of life.

 You remain eligible for all other Medical Assistance benefits. 

 

Citations: 42 U.S.C. § 1396p(c) and 55 Pa. Code § 178.104a, 178.104b 

 

DENIAL OF UNDUE HARDSHIP WAIVER REQUEST NOTICE TEXT-LTC EXCESS HOME EQUITY

Until automated notices are available the following text and citations should be printed on the manual notice sent to the individual in the LTC facility as well as all involved parties, informing them that the undue hardship waiver was denied:  

 

You previously received a notice stating you would not qualify for payment of

Long Term Care (LTC) facility services because the equity value of your home

exceeds the home equity limit.  You requested an undue hardship waiver. Your

request for an undue hardship waiver is denied because you did not prove that the denial of the payment of LTC services will deprive you of medical care such that your health or life would be endangered, or you will be deprived of food, clothing, shelter or other necessities of life.   

You remain eligible for all other Medical Assistance benefits. 

 

Citations: 42 U.S.C. § 1396p(f) and 55 Pa. Code § 178.104a ,  178.104b 

 

DENIAL OF UNDUE HARDSHIP WAIVER REQUEST NOTICE TEXT-HCBS EXCESS HOME EQUITY

Until automated notices are available the following text and citations should be printed on the manual notice sent to the individual requesting payment of HCBS as well as all involved parties, informing them that the undue hardship waiver was denied:  

 

You previously received a notice stating you would not qualify for payment of

Home and Community Based Services (HCBS) because the equity value of your

home exceeds the home equity limit.  You requested an undue hardship waiver.

Your request for an undue hardship waiver is denied because you did not prove that the denial of the payment of HCBS services will deprive you of medical care such that your health or life would be endangered, or you will be deprived of food, clothing, shelter or other necessities of life.

 You remain eligible for all other Medical Assistance benefits. 


Citations: 42 U.S.C. § 1396p(f) and 55 Pa. Code § 178.104a ,  178.104b 

 

Updated March 14, 2023, replacing March 12, 2012