Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 103 - Resources
Chapter 5 - Trust Provisions
Rule 23-103-5.11 - Undue Hardship Provision
Universal Citation: MS Code of Rules 23-103-5.11
Current through September 24, 2024
When application of the Trust provisions would work an undue hardship, the provisions will not apply.
A. Undue hardship exists when:
1. Application of the trust provisions would
deprive the individual of medical care such that his/her health or his/her life
would be endangered.
2. Application
of the trust provisions would deprive the individual of food, clothing shelter,
or other necessities of life causing severe deprivation.
3. The applicant or spouse or representative
has exhausted all legal action to have the transferred assets that caused the
penalty returned.
B. Undue hardship does not exist when:
1.
Application of the trust provisions merely causes the individual inconvenience
or when such application might restrict his or her lifestyle but would not put
him or her at risk of serious deprivation.
2. The resource was transferred to a person
(spouse, child, or other person) who was handling the financial affairs of the
client or to the spouse or children of a person handling the financial affairs
of the client unless it is established that the transferred funds cannot be
recovered even through exhaustive legal measures.
C. Each case situation must be reviewed individually to determine if undue hardship exists.
D. Generally, this provision is limited to financially and medically needy individuals with no possible means of accessing funds placed in a trust.
Omnibus Reconciliation Act (OBRA-93) of 1993 § 13611 (Rev. 1993); Deficit Reduction Act of 2005 §6016 (Rev. 2006).
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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