Hardship Waivers

There is a hardship waiver to the asset transfer penalty, however. Hardship waivers are available to solve ineligibility problems caused by asset transfer penalties. Generally speaking, the county may grant a hardship waiver of a transfer penalty if a person provides convincing evidence that shows all of the following:

1. There is an imminent threat to a person’s health and well being;
2. There are no other alternatives to pay for the cost of long term care services; and
3. The waiver of the transfer penalty will resolve the imminent threat.

Certainly, the county evaluates each request to waive a transfer penalty on a case by case basis. A client who resides in a long term care facility has an imminent threat to his or her health or will be in one when all of the following circumstances exist:

1. The person receives a 30-day notice of discharge/transfer from the care facility;
2. The reason for the discharge or transfer is due to nonpayment; and
3. The location to which the facility will discharge or transfer the person would endanger the person’s health, or life or cause serious deprivation of food, clothing or shelter.

Even though hardship waivers are hard to obtain, the person facing denial of medical assistance benefits because of an asset transfer penalty should apply for a waiver. Long term care facilities should usually support the party’s application for a hardship waiver.