210 R.I. Code R. 210-RICR-10-00-4.6

Current through December 3, 2024

Section 210-RICR-10-00-4.6 - EXCEPTIONS TO THE LIEN

A. A lien shall not apply:

1. For periods of receipt of Medicaid before the beneficiary reached the age of fifty-five (55).

2. If the beneficiary is survived by:

a. A spouse; or

b. A child who is under the age of twenty-one (21); or

c. A child who is blind or permanently and totally disabled as defined in Title XVI (SSI) of the Social Security Act.

B. An individual who is a survivor of the deceased beneficiary, as described above, need not be residing in property of the estate or be a beneficiary of the estate.

C. Receipt of SSI, RSDI or Railroad Retirement (RR) benefits is acceptable evidence of disability. However, if the child is not in receipt of such benefits, the characteristic of disability must be determined by EOHHS.

210 R.I. Code R. 210-RICR-10-00-4.6