C. A claim may not be made collected, unless through a voluntary payment arrangement under paragraph A, subparagraph (2) or (3) until:

(1) The recipient has no surviving spouse; and

(2) The recipient has no surviving child who is under age 21 or who is blind or permanently and totally disabled as defined in 42 United States Code, Section 1382c.

C-1.__In its discretion the department may permit heirs, assignee or transferees of the deceased MaineCare recipient to reimburse the State over time for the amount of MaineCare benefits paid and recoverable under this subsection through payment plans, promissory notes or other similar mechanisms in lieu of immediate enforcement of the State's claim as authorized in this subsection.

D. Paragraph A, subparagraphs (2) and (3) apply only to a recipient who died on or after October 1, 1993 for MaineCare payments made on or after October 1, 1993.

E. A claim under paragraph A, subparagraph (2) must be waived if enforcement of the claim would create an undue hardship under criteria developed by the department. Waiver of an estate recovery claim may be granted in part or in whole.__A waiver of estate recovery is not be available if the department finds that, notwithstanding any proof of undue hardship, either the waiver applicant or the deceased recipient acted to lose, diminish, divest, encumber or otherwise transfer any value of or title to an asset for the purpose of preventing the State's enforcement of an estate recovery claim.__A waiver may not be granted if the department determines that every undue hardship is not fully alleviated by the waiver.__In its discretion the department may waive the enforcement of an estate recovery claim if the costs of collection will likely exceed the amount of the recovery.

F. As used in this subsection, unless the context otherwise indicates, the term "estate" means:

(1) All real and personal property and other assets included in the recipient's estate, as defined in Title 18-A, section 1-201; and