Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 1705 - MEDICAL ASSISTANCE RECOVERY
Subchapter 2 - ASSIGNMENT OF AND COOPERATION IN OBTAINING THIRD PARTY PAYMENTS
Section 17-1705-9 - Good cause determination
Current through August, 2024
(a) The department shall make a determination that cooperation is against the best interests of the individual or other family member to whom financial or medical assistance is being furnished when it is anticipated that cooperation will result in reprisal against, and cause physical or emotional harm to, the individual or other family member.
(b) When the department determines that good cause exists, the department shall make a further determination of whether collection activities could proceed without risk of harm to the family provided the activities will not involve the family's participation.
(c) The determination shall be made on a case-by-case evaluation of the circumstances and the family shall be notified of the decision.
(d) The good cause claim procedures of subchapter 4 shall apply.