210 R.I. Code R. 210-RICR-10-00-6.3

Current through December 3, 2024
Section 210-RICR-10-00-6.3 - Criteria for Claims Referred for Setoff
A. The Medicaid claim referred for setoff must comply with the State Personal Income Tax Refund Offset procedure (as below).
B. The Medicaid claim must be:
1. Established by court order, by administrative hearing conducted by EOHHS, or by written agreement between the EOHHS and the individual:
a. Greater than or equal to the minimum amount required for submission for setoff by the R.I. Division of Taxation. The Division of Taxation shall, from time to time, determine the minimum amount of claim to which the setoff procedure may be applied.
b. Submitted in the name of one individual or must be reduced by any amount submitted as a separate claim for other individuals who are jointly or severally liable for the claim; and
c. Not involved in a bankruptcy stay or discharged in bankruptcy.
C. In addition, EOHHS must notify the individual of the intended action prior to offset and of her or his appeal rights.

210 R.I. Code R. 210-RICR-10-00-6.3