MA H1402

Allows nursing home residents to claim undue hardship to eliminate MassHealth ineligibility periods resulting from asset transfers, with 90 days to request a waiver after a final ineligibility decision

Creates a rebuttable presumption of eligibility for hardship waivers when applicants document they lack resources for medical care, food, shelter, and other necessities, putting them at risk of serious deprivation

Requires applicants to show they made reasonable attempts to retrieve transferred resources and that no less costly care alternative exists

Eliminates the requirement that a nursing home must threaten discharge for nonpayment before a hardship waiver can be granted

Directs MassHealth to establish procedures including written notice of the hardship exception, timely determinations, and appeal rights