Poll it up! (Remove the tob items from hc's and make them get it back 100% droprate till they get the items they had back already with no new items being 100% drop rate)(<this is a joke but would be sick if it could happen.)
Maybe this suggestion would be better suited as a polled suggestion. On the one hand, it would be more accurate to make ToB deaths cause you to lose your HC status, and would add some risk to end-game content, but on the other hand, it would cause integrity issues due to the fact that some HC's have already completed ToB, and had the (huge) advantage of doing it without worrying about death.