Haw. Code R. § 17-1725.1-59 - Individual with substantive equity in a home property

(a) An individual shall not be eligible for coverage of long-term care services if the individual's home equity interest exceeds $750,000.

(b) The individual's home equity interest shall be determined by the fair market value less encumbrances.

(c) The provisions of this subsection do not apply if the individual's spouse, a child under age twenty-one years, a blind child, or a disabled child is residing in the individual's home.

(d) An individual affected by the provisions of this subsection is allowed to reduce their equity in the home property through the use of a reverse mortgage or a home equity loan without penalty.

(e) An individual affected by this subsection has the right to file for a waiver due to demonstrated hardship by which the individual is legally barred from taking action to access the equity in the property.

(f) Effective 2011, the amount of the equity interest shall be subject to increase each calendar year based on the percentage increase in the consumer price index for all urban consumers, rounded to the nearest $1,000.

Notes

Haw. Code R. § 17-1725.1-59

[Eff 09/30/13] (Auth: HRS § 346-14; 42 C.F.R. §431.10; 42 U.S.C. §1396 p(c)) (Imp: 42 U.S.C. §1396 p(c))