Every state has instituted a unique process for seeking a hardship waiver. These wavers are designed to offer assistance to individuals who have incurred a transfer penalty, but who are also in a situation where the absence of Medicaid assistance could pose a serious threat to the applicant’s health. This process includes a notice to applicants, a timely process for ruling on the application for the hardship waiver, and an appeal process – if necessary.
Recent changes to Medicaid laws have also made it possible for nursing homes to apply for a hardship waiver on behalf of a resident after receiving their consent or the consent of their personal representative. However, it is important to remember that this waver is only used to alive the potential hardship of an individual- not any hardships that may be incurred by the facility they live in. If an individual resides in a nursing facility that has rules in place that prohibit staff from evicting a non-paying resident without first providing them with alternative care, the hardship involved in this situation could be said to rest on the facility, rather than the individual resident.
It is always important to remember that everyone’s situation is unique. If you would like to receive more personalized information on Colorado Medicaid and Medicaid eligibility, or if you have questions concerning the look-back period or hardship waivers, click here or call (303) 945-3242 today to get in touch with a knowledgeable Colorado Medicaid attorney.