(a) Any obligation of a participant for service or payment will be canceled upon the death of the participant.
(b)(1) A participation may seek a waiver or suspension of the service or payment obligations incurred under this part by written request to the Secretary setting forth the bases, circumstances, and causes which support the requested action. The Secretary may approve a request for a suspension for a period of 1 year. A renewal of this suspension may also be granted.
(2) The Secretary may waive or suspend any service or payment obligation incurred by a participant whenever compliance by the participant (i) is impossible, or (ii) would involve extreme hardship to the participant and if enforcement of the service or payment obligation would be against equity and good conscience.
(c) Compliance by a participant with a service or payment obligation will be considered impossible if the Secretary determines, on the basis of information and documentation as may be required, that the participant suffers from a physical or mental disability resulting in the permanent inability of the participant to perform the service or other activities which would be necessary to comply with the obligation.
(d) In determining whether to waive or suspend any or all of the service or payment obligations of a participant as imposing an undue hardship and being against equity and good conscience, the Secretary, on the basis of information and documentation as may be required, will consider:
(1) The participant's present financial resources and obligations;
(2) The participant's estimated future financial resources and obligations; and
(3) The extent to which the participant has problems of a personal nature, such as physical or mental disability, terminal illness in the immediate family which so intrude on the participant's present and future ability to perform as to raise a presumption that the individual will be unable to perform the obligation incurred.
Notes of Decisions
Cited in
18
cases (
1 in the last 5 years), 1985–2022 · leading case:
United States v. Swanson, 618 F. Supp. 1231 (E.D. Mich. 1985).
United States v. Swanson, 618 F. Supp. 1231 (E.D. Mich. 1985).
· cites it 2× “The Secretary may also waive or suspend service or payment under the regulations as imposing undue hardship and being against equity and good conscience.”
United States v. Gilberto Melendez, 944 F.2d 216 (5th Cir. 1991).
· cites it 2× “42 C.F.R. § 62.12 (c). No reasonable juror could conclude that the one-and-one-half-month delay in reassigning Melendez to another HMSA or the failure to obtain approval for the El Paso job rendered impossible his ability to fulfill his service commitment in California.”
United States v. Bloom, 925 F. Supp. 426 (E.D. La. 1996).
· cites it 3× “Impossibility requires a showing, based on information and documentation, that the scholar suffers from a physical or mental disability that results in his permanent inability to perform the activities necessary to comply with the scholarship obligation.”
United States v. Barbara Vanhorn, 20 F.3d 104 (4th Cir. 1994).
“§ 254o (c)(3) (1988); 42 CFR § 62.12 (1992). Agency action is then reviewable by a court of law and may be overturned when that action is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.”
Rendleman v. Sullivan, 760 F. Supp. 842 (D. Or. 1991).
· cites it 4× “See 42 C.F.R. § 62.12 (d). 860 F.2d at 1544, n.”
United States v. Roper, 681 F. Supp. 77 (D. Me. 1988).
· cites it 5× “42 C.F.R. § 62.12 . If the debtor is found by the Health Service to be unable to repay or serve, a waiver is granted.”
Kostenko v. U.S. Dep't of Health & Human Servs., 916 F. Supp. 2d 661 (S.D.W. Va 2013).
· cites it 3× “” 42 C.F.R. § 62.12 (b)(1). “The Secretary may waive or suspend any service or payment obligation incurred by a participant whenever compliance by the participant (i) is impossible, or (ii) would involve extreme hardship to the participant and if enforcement of the service or…”
United States v. Williams, 864 F. Supp. 305 (E.D.N.Y 1994).
· cites it 3× “42 C.F.R. § 62.12 (c). With regard to undue hardship and unconscionability as the grounds for waiver, the regulations provide that the HHS is to consider: (1) The participant’s present financial resources and obligations; (2) The participant’s estimated future financial…”
Rendleman v. Shalala, 21 F.3d 957 (9th Cir. 1994).
· cites it 3× “*960 42 C.F.R. § 62.12 (c). The regulation governing the second basis for a waiver, extreme hardship and unconscionability, advises: the Secretary .”
Singer v. Dep't of Health & Human Servs., 641 F. Supp. 2d 1219 (D. Utah 2009).
· cites it 3× “§ 254o(d)(2), and the regulations issued pursuant to the LRP, 42 C.F.R. § 62.12 . Impossibility requires the LRP partici *1223 pant to “suffer from a physical or mental disability” that results in a permanent inability to perform the requisite service.”
United States v. McManus, 846 F. Supp. 1283 (M.D.N.C. 1994).
· cites it 3× “” 42 C.F.R. § 62.12 (c) (1991). In determining whether a service obligation poses an extreme hardship and is unconscionable, the Secretary will consider the following factors: (1) The participant’s present financial resources and obligations; (2) The participant’s estimated…”
— 42 C.F.R. § 62.12(d) — 1 case
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