During application for Medicaid for the individual who is fifty-five (55) or older at the time of application or who will turn fifty-five (55) before renewal, the individual, or his/her representative, must be advised that, under Rhode Island law, receipt of Medicaid may constitute a lien upon his/her estate. Similarly, at renewal for Medicaid for an individual who is fifty-five (55) years of age or older or who will become fifty-five (55) before the next renewal, it must be explained to such individual that the lien is an attachment against the individual's estate, taking effect at death, which allows EOHHS to recover from the individual's estate any Medicaid paid on behalf of the individual from the time s/he became fifty-five (55) years of age (and after the effective date of the law). The exceptions in § 4.6 of this Part relative to certain survivors must be explained to the applicant.
210 R.I. Code R. 210-RICR-10-00-4.8