DHS 108.02(12)(a)1. 1. “Beneficiary” means any person nominated in a will to receive an interest in property other than in a fiduciary capacity.

DHS 108.02(12)(a)2. 2. “Decedent” means a deceased recipient or the deceased surviving spouse of a recipient who received benefits that are subject to recovery under s. 49.496 or 49.849, Stats., and s. 46.27 (7g), 2017 Stats.

DHS 108.02(12)(a)3. 3. “Heir” means any person who is entitled under the statutes of intestate succession, ch. 852, Stats., to an interest in property of a decedent.

DHS 108.02(12)(a)4. 4. “Recipient” means a person who received services funded by medical assistance or the long-term community support program under s. 46.27 (7), 2017 Stats.

DHS 108.02(12)(a)5. 5. “Waiver applicant” means a beneficiary or heir of a decedent who requests the department to waive an estate claim filed by the department pursuant to s. 49.496 or 49.849, Stats, and s. 46.27 (7g), 2017 Stats.

DHS 108.02(12)(b) (b) Hardship waiver criteria.

DHS 108.02(12)(b)1. 1. A beneficiary or heir of a decedent may apply to the department for a waiver of an estate claim filed by the department. The department shall review an application for a waiver under this subsection and shall determine whether the applicant meets the criterion under subd. 2. a., b. or c. If the department determines that the criterion under subd. 2. a., b. or c. is met, the department shall waive its claim as to that applicant.

DHS 108.02(12)(b)2. 2. Any of the following situations constitutes an undue hardship on the waiver applicant:

DHS 108.02(12)(b)2.a. a. The waiver applicant would become or remain eligible for supplemental security income (SSI), food stamps under 7 USC 2011 to 2029, or medical assistance if the department pursued its claim.

DHS 108.02(12)(b)2.b. b. A decedent’s real property is used as part of the waiver applicant’s business, which may be a working farm, and recovery by the department would affect the property and would result in the waiver applicant losing his or her means of livelihood.

DHS 108.02(12)(b)2.c. c. The waiver applicant is receiving general relief, relief to needy Indian persons or veterans benefits based on need under s. 45.40 (1m), Stats.

DHS 108.02(12)(c) (c) Notice.

DHS 108.02(12)(c)1. 1. The department shall provide written notice of the hardship waiver provisions to the person handling the decedent’s estate, if that person can be ascertained from the probate information provided to the department, or, if that person cannot be ascertained, the department shall include the notice with the copy of the claim it files with the probate court.

DHS 108.02(12)(c)2. 2. The person handling the decedent’s estate shall be responsible for notifying the decedent’s beneficiaries and heirs of the hardship waiver provisions.

DHS 108.02(12)(c)3. 3. The department’s notice shall include the following information:

DHS 108.02(12)(c)3.a. a. The individuals who are eligible to apply for a waiver;

DHS 108.02(12)(c)3.b. b. The criteria for granting a waiver as specified in par. (b) 2. a., b. or c.,

DHS 108.02(12)(c)3.c. c. The application and review process as specified in par. (d); and

DHS 108.02(12)(c)3.d. d. The waiver applicant’s right to a hearing as specified in par. (e).

DHS 108.02(12)(d) (d) Application and review process.

DHS 108.02(12)(d)1. 1. A waiver applicant shall mail his or her application for a waiver in writing to the department within 45 days after the date the department mailed its claim or affidavit pursuant to s. 49.496 or 49.849, Stats., or its notice under par. (c), whichever is later. The application shall include the following information:

DHS 108.02(12)(d)1.a. a. The relationship of the waiver applicant to the decedent and copies of documents establishing that relationship; and

DHS 108.02(12)(d)1.b. b. The criterion under par. (b) 2. a., b., or c. which is the basis for the application and documentation supporting the waiver applicant’s position.

DHS 108.02(12)(d)2. 2. The department shall review each application and issue a written decision within 90 days after the application was received by the department. The department shall consider all information received within 60 days following receipt of the application. The department’s decision shall be based on information received within that time-period. The department’s written decision shall include information regarding the waiver applicant’s right to a hearing under par. (e).

DHS 108.02(12)(e) (e) Hearing rights.

DHS 108.02(12)(e)1. 1. If a waiver applicant wishes to contest the department’s decision denying a waiver, the waiver applicant shall serve the department with a request for a hearing within 45 days of the date the department’s decision was mailed. The hearing request shall be in writing and shall identify the basis for contesting the decision. The request shall be submitted to the department of administration’s division of hearings and appeals. The date on which the division of hearings and appeals receives the request shall be the date of service.

DHS 108.02 Note Note: The mailing address of the division of hearings and appeals is P.O. Box 7875, Madison, Wisconsin 53707.

DHS 108.02(12)(e)2. 2. If a waiver applicant wishes to introduce information at the hearing that he or she did not submit to the department under par. (d), the applicant shall provide the department with that information by mailing it to the department with a postmark of at least 7 working days prior to the hearing date.

DHS 108.02(12)(e)3. 3. The issue for hearing shall be whether the department’s decision was correct based on the information submitted to the department by the waiver applicant within the time periods specified in par. (d) 2. and subd. 2. No other information may be considered by the hearing examiner unless the hearing examiner finds that the applicant did not timely provide the information to the department for good cause. The hearing decision shall be the final decision of the department. The hearing shall be held in accordance with the provisions of ch. 227, Stats.