1. (a) After receiving a notice under 7 AAC 160.220(e) from the department, the recipient, legal representative of the recipient, or estate beneficiary may file an appeal with the department to

   1. (1) contest the amount of recoverable medical assistance identified by the department;
   2. (2) contest whether the real property is a part of the recipient's estate; or
   3. (3) request a waiver of recovery for undue hardship.
2. (b) An appeal is timely if the department receives it no more than 30 days after the date on the notice. The department will accept an appeal received more than 30 days after, and no more than 60 days after the date on the notice if the individual demonstrates good cause for the late application.

3. (c) An appeal must

   1. (1) be submitted in writing;
   2. (2) be signed by the recipient, legal representative of the recipient, or estate beneficiary;
   3. (3) be submitted in person or by mail to the division of the department that administers the estate recovery provisions of the Medicaid program;
   4. (4) include a statement of the reason for contesting the department's action or explaining the reason why recovery will cause undue hardship; and
   5. (5) include contact information for the person contesting the action.
4. (d) The department will make a decision on a request for waiver for undue hardship no more than 30 days after receipt of the request.

(Eff. 2/1/2010, Register 193)