Section 210-RICR-10-00-6.5 - Transfer of Funds by the R.I. Division of TaxationA. At the time of the transfer of funds to EOHHS, the R.I. Division of Taxation shall notify the debtor that the transfer has been made.B. The notice shall state the name of the debtor, the amount of Medicaid benefit overpayment or cost share arrearage being claimed, the amount of the refund in excess of the amount claimed, if any, and that the transfer of funds to EOHHS was made.C. In the case of a joint refund, the R.I. Division of Taxation notice shall also state the name of a taxpayer-spouse named in the return, if any, against whom no Medicaid benefit overpayment or cost share arrearage is claimed, the opportunity to request that the refund be divided between the spouses by filing an amended income tax return showing each spouse's share of the tax and the contribution to the overpayment of tax resulting in the refund.D. Upon receipt of funds transferred from the R.I. Division of Taxation, EOHHS deposits and holds the funds in an escrow account until final determination of setoff. Upon final determination of the amount of the claim to be set-off by: 1. default for failure to apply for an administrative hearing, or by2. decision of the administrative hearing officer, EOHHS shall remove from the account of the claim payment from the escrow account and credit the amount to the debtor's obligation. The pendency of judicial proceedings to review the administrative decision shall not stay nor delay the setoff, transfer, and disbursement of the tax refund in question.E. With respect to setoff for Medicaid benefit overpayments and cost share arrearages, the R.I. Division of Taxation shall provide the debtor's address and social security number to EOHHS. The information obtained by EOHHS through the R.I. Division of Taxation retains its confidentiality and is only used by EOHHS in pursuit of its Medicaid benefit overpayments and cost share arrearages collection duties and practices, and any employee or prior employee of EOHHS who unlawfully discloses that information for any other purpose, except as specifically authorized by law, is subject to the penalties specified by R.I. Gen. Laws § 44-30-95(c).210 R.I. Code R. 210-RICR-10-00-6.5