Section 27-2A-6 - Hardship waiver.
27-2A-6. Hardship waiver.
The department shall waive the application of the provisions of the Medicaid Estate Recovery Act [27-2A-1 NMSA 1978] if application of the provisions would work an undue hardship as determined pursuant to regulations adopted and promulgated by the secretary of human services. The regulations shall include a provision for special consideration when an asset subject to recovery is the sole income-producing asset or is a homestead of modest value.