210 R.I. Code R. 210-RICR-10-00-4.11

Current through December 3, 2024
Section 210-RICR-10-00-4.11 - DISCHARGE OF INAPPLICABLE RECORDED LIEN
A. EOHHS will issue a discharge of a recorded lien upon a determination by EOHHS that the lien is inapplicable. Inapplicability occurs in the following situations:
1. If there is a statutory exception as found in § 4.6 of this Part; or
2. The decedent was never a beneficiary of Medicaid, was not age fifty-five (55), or was receiving Medicaid but was not "Medically Needy" or "Categorically Needy" during the relevant time periods; or
3. The EOHHS received reimbursement from another third-party source or insurer; or
4. No assets are included or includable in the decedent's probate estate; or
5. There is no required form to request a discharge of an inapplicable lien. A written request for discharge should be sent to:
a. EOHHS, Virks Building, 3 West Road Cranston, RI 02920 and should contain, at a minimum:
(1) A copy of the Death Certificate;
(2) The decedent's Social Security Number;
(3) A detailed explanation of the basis for a finding of inapplicability, with appropriate documentation for the finding. Acceptable documentation may include affidavits;
(4) A description of the real estate (tax assessor's plat/lot numbers and street address).
B. EOHHS will review and verify the information and will compare with information previously disclosed on Medicaid applications on file with the EOHHS. If approved, EOHHS will issue and record a discharge of lien within forty-five (45) days of receipt of the request for discharge due to inapplicability or refer the request to the EOHHS Legal Office, if necessary. Any interested party who disputes the applicability of the land records lien, within thirty (30) days of the proper prior notice as provided in § 4.4 of this Part shall be afforded an opportunity to request an administration hearing (R.I. Gen. Laws § 42-35-9).

210 R.I. Code R. 210-RICR-10-00-4.11