TX HHS Form 5006. Application for Hardship Waiver

The TX HHS Form 5006, Application for Hardship Waiver, is a crucial document that helps individuals navigate the Medicaid Estate Recovery Program (MERP) process. This form is designed to assist legatees or heirs who face undue hardship if the state were to recover its claim against their estate.

To qualify for a hardship waiver, applicants must demonstrate an undue hardship that meets one of five criteria outlined in the Texas Administrative Code. These criteria include situations where the estate property is the primary income-producing asset, public and/or medical assistance would be required without the waiver, or compelling reasons exist. Additionally, there is a specific homestead waiver available when siblings or lineal heirs have gross family income below 300% of the federal poverty guidelines.

The application requires supporting documents to be provided, and failure to do so will result in denial. The applicant must complete the appropriate sections of this form and return it with supporting documents within 60 calendar days from the date stated on the Notice of Intent to File a Claim Against the Estate. If denied, applicants have 60 calendar days to submit a written request for review of the denial.