Statutes, codes, and regulations
Wyoming Administrative Code
Agency 048 - Health, Department ofSubagency 0037 - Medicaid
Chapter 35 - MEDICAID BENEFIT RECOVERY
Section 35-12 - Undue Hardship Waiver

048-35 Wyo. Code R. § 35-12

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Current through April 27, 2019
Section 35-12 - Undue Hardship Waiver

(a) Notice of right to request undue hardship waiver. At the time the Department imposes a lien or files a probate claim, it shall provide written notice by mail to the personal representative or known heirs of the right to request an undue hardship waiver.

(b) Request for undue hardship waiver.

  • (i) Any individual who receives notice pursuant to subsection (a) may request an undue hardship waiver.
  • (ii) A request for an undue hardship waiver shall be mailed to the Department by certified mail, return receipt requested, within thirty-three (33) days of the date of the Department's notice pursuant to subsection (a). The request shall include documentation that the decedent's home is part of the estate, that the decedent's home is part of a business, including a working farm or ranch, show that recovery of the home would result in the heirs or beneficiaries losing their means of making a living, and provide other relevant documentation upon the Department's request. The failure to provide the information required by this paragraph with the request shall result in the dismissal with prejudice of the undue hardship waiver request.

(c) Consideration of request. Within thirty (30) days of receipt of a request for an undue hardship waiver, the Department shall consider whether the information furnished shows an undue hardship. During the thirty (30) days of review, the Department may request additional information before making a final decision. The request shall be made in writing by certified mail, return receipt requested. The party to whom the request is directed shall provide the requested information within thirty (30) days after the receipt of the certified mail. The Department shall have fifteen (15) days from receipt of the additional information to make a decision. Failure to provide the requested information shall result in a denial of the request. The Department's decision shall be in writing, and shall be delivered by certified mail, return receipt requested. If the request is denied, the Department shall provide notice of the opportunity to request that the Department reconsider the decision.

(d) Reconsideration. A party may request that the Department reconsider a decision to deny an undue hardship waiver. Such request shall be made and shall be handled pursuant to the reconsideration provisions as set forth in Chapter 3, Section 14, of the Wyoming Medicaid Rules. A party may submit any additional relevant information at the time of the request. A party that fails to request reconsideration pursuant to this section may not subsequently request an administrative hearing pursuant to Chapter 4 regarding the adverse action.

(e) Administrative Hearing. If an administrative hearing is requested, it shall be conducted in accordance with Wyoming Medicaid Rules, Chapter 4, Medicaid Administrative Hearings, except the burden of proof in subsection (f) applies to this Chapter.

(f) Burden of proof. If an administrative hearing is requested, it shall be conducted in accordance with the Wyoming Medicaid Rules, Chapter 4, Medicaid Administrative Hearings, except the burden of proof in subsection (f) applies to this Chapter.

048-35 Wyo. Code R. § 35-12

Amended, Eff. 2/19/2019.