210 R.I. Code R. 210-RICR-10-00-6.4

Current through December 3, 2024
Section 210-RICR-10-00-6.4 - Setoff Procedures and Notification of Debtor
A. EOHHS will notify the individual of its intent to refer a claim to the R.I. Division of Taxation for offset and provide the individual with thirty (30) days to appeal the intended referral by presenting evidence that all or part of the claim is not legally enforceable. The thirty (30) day notice ("pre-offset notice") shall contain the following information:
1. The amount of the claim(s);
2. That the claim is legally enforceable;
3. The individual's Medicaid Case Identifier;
4. That the claim(s) is to be referred to the R.I. Division of Taxation for offset unless the claim is paid in full within thirty (30) days of the date of the letter;
5. Instructions about how to pay the claim(s), and the address and telephone number to call to discuss the claim and the intended intercept.
6. That the individual has the right to appeal the offset. The notice will advise:
a. That the individual is entitled to an administrative hearing to contest the setoff. The appeal request must be in writing and must be received by EOHHS not later than thirty (30) days after the date of the notice.
b. The general nature of the potential defenses available to the debtor;
c. The rights of non-obligated spouses with respect to income tax refunds in the event a joint return is filed;
d. The individual's right to judicial review of the administrative hearing decision.
B. The notice must also state that a claim may not be referred for offset where a bankruptcy stay is in effect or if the claim has been discharged in bankruptcy.

210 R.I. Code R. 210-RICR-10-00-6.4