210 R.I. Code R. 210-RICR-10-00-4.9

Current through December 3, 2024

Section 210-RICR-10-00-4.9 - RECOVERY

A. Based on the information regarding the deceased's resources and the assistance which would by law be recovered, a decision regarding recovery is made by EOHHS.

B. EOHHS Recovery Practices:

1. Upon the filing of a petition for admission to probate of a decedent's will or for administration of a decedent's estate, when the decedent was fifty-five (55) years or older at the time of death, a copy of said petition and a copy of the death certificate shall be sent to the EOHHS:

a. EOHHS Legal Office, Virks Building, 3 West Road, Cranston, RI 02920.

2. The notice requirements of this section are in addition to any notice that may be required pursuant to R.I. Gen. Laws § 33-11-5.1 entitled "Duty to notify known or reasonably ascertainable creditors."

3. If the EOHHS requests additional information, an executor or administrator shall complete and send to EOHHS a form prescribed by that office and shall provide such additional information within thirty (30) days of the request. Petitioners shall maintain documentation evidencing notice to the EOHHS Legal Office and file a copy of this notice with the probate court prior to hearing. In the case of a voluntary probate proceeding, since there is no hearing, a copy of the notice to EOHHS shall be filed with the probate court with the voluntary petition.

4. For estates open on or after July 1, 2012, should a petitioner fail to send a copy of the petition and a copy of the death certificate to the EOHHS Legal Office and a decedent has received Medicaid for which the EOHHS is authorized to recover, no distribution and/or payments, including Administration fees, shall be disbursed. Any person and/or entity that receives a distribution of assets from the decedent's estate shall be liable to the EOHHS to the extent of such distribution.

5. Compliance with the provisions of this section shall be consistent with the requirements set forth in R.I. Gen. Laws § 33-11-5 and the requirements of the affidavit of notice set forth in R.I. Gen. Laws § 33-11-5.2. Nothing in these sections shall limit the EOHHS from recovery, to the extent of the distribution, in accordance with all state and federal laws.

6. EOHHS initiates estate recoveries upon receipt of information (from internal or external sources) relative to the death of a Medicaid beneficiary who was at least fifty-five (55) years of age, and responds to requests from estate representatives to release and/or discharge liens upon payment of reimbursable amounts.

C. EOHHS does not automatically file an encumbrance in the land evidence records.

D. Usually, the recovery process begins with a letter to the next of kin or legal representatives requesting estate asset information. In most cases, there are no assets left after payment of funeral expenses and other preferred debts (R.I. Gen. Laws § 33-12-11) and no recovery is pursued by the EOHHS. If requested, EOHHS will issue a discharge of lien. If there are any assets remaining to pay the EOHHS claim, in whole or in part, EOHHS will request reimbursement by letter which provides an accounting of the Medicaid expenditures. Upon receipt of payment, EOHHS will issue a discharge of lien.

E. If the EOHHS is notified of the pendency of a probate estate either in response to a written notice from the executor/administrator, (see R.I. Gen. Laws § 33-11-5.1 for notice to creditor requirements), the EOHHS Legal Office will file a formal claim in the estate. Land evidence lien notices are not normally filed at this time.

210 R.I. Code R. 210-RICR-10-00-4.9