2009 Rhode Island Code
Title 40 - Human services
CHAPTER 40-8 - Medical Assistance
§ 40-8-15 - Lien on deceased recipient's estate for assistance.

SECTION 40-8-15

   § 40-8-15  Lien on deceased recipient's estate for assistance. – (a) Upon the death of a recipient of medical assistance under Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., the total sum of medical assistance so paid on behalf of a recipient who was fifty-five (55) years of age or older at the time of receipt of the assistance shall be and constitute a lien upon the estate, as defined herein, of the recipient in favor of the department of human services. The lien shall not be effective and shall not attach as against the estate of a recipient who is survived by a spouse, or a child who is under the age of twenty-one (21), or a child who is blind or permanently and totally disabled as defined in Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq. The lien shall not be effective and shall not attach as against a recipient's estate, which has been admitted for probate administration unless the department has filed a claim for reimbursement in the probate court in accordance with § 33-11-5 or other applicable law. For purposes of this section, the term "estate" with respect to a deceased individual shall include all real and personal property and other assets included or includable within the individual's probate estate.

   (b) The department is authorized to promulgate regulations to implement the terms, intent, and purpose of this section and to require the legal representative(s) and/or the heirs-at-law of the decedent to provide reasonable written notice to the department of the death of a recipient of medical assistance who was fifty-five (55) years of age or older at the date of death, and to provide a statement identifying the decedent's property and the names and addresses of all persons entitled to take any share or interest of the estate as legatees or distributees thereof.

   (c) The amount of medical assistance reimbursement imposed under this section shall also become a debt to the state from the person or entity liable for the payment thereof.

   (d) Upon payment of the amount of reimbursement for medical assistance imposed by this section, the director of the department of human services, or his or her designee, shall issue a written discharge of lien.

   (e) Upon application to the director and a determination by the director that the lien is either inapplicable or that no reimbursement for medical assistance is due with respect to the estate, the director shall issue a written discharge of lien.

   (f) Provided, however, that no lien created under this section shall attach nor become effective upon any real property unless and until a statement of claim is recorded naming the debtor/owner of record of the property as of the date and time of recording of the statement of claim, and describing the real property by a description containing all of the following: (1) tax assessor's plat and lot; and (2) street address. The statement of claim shall be recorded in the records of land evidence in the town or city where the real property is situated.

   (g) The department of human services shall establish procedures, in accordance with the standards specified by the secretary, U.S. Department of Health and Human Services, under which the department of human services shall waive, in whole or in part, the lien and reimbursement established by this section if such lien and reimbursement would work an undue hardship, as determined by the department, on the basis of the criteria established by the secretary in accordance with 42 U.S.C. § 1396p(b)(3).