MA S876

Nursing facility residents may claim undue hardship to eliminate MassHealth ineligibility periods resulting from asset transfers, with requests allowed within 90 days of a final ineligibility decision

Creates a rebuttable presumption of eligibility for hardship waivers when applicants document they lack resources for basic necessities, have attempted to retrieve transferred assets, have no less costly care alternatives, and face serious deprivation

Requires MassHealth to provide written notice of the hardship exception, establish timely determination procedures, and offer an appeals process for denied waivers

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

Directs MassHealth to promulgate regulations incorporating these specific undue hardship criteria, implementing federal requirements under P.L. 109-171