Medicaid Estate Recovery in Rhode Island

Medicaid Estate Recovery in Rhode Island: key facts

Who is subject

Recipients who were 55 or older when they received Medicaid; recovery covers all periods of receipt from age 55 onward (R.I. Gen. Laws 40-8-15).

Recovery amount

The total sum of Medicaid benefits paid on the recipient's behalf, asserted as a lien against the probate estate.

Lien does not attach

When the recipient is survived by a spouse, a child under 21, or a child who is blind or permanently and totally disabled.

Probate notice required

When the decedent was 55 or older, the probate petitioner must send EOHHS a copy of the petition and the death certificate; without this notice, no estate distributions or fees may be paid.

Undue hardship waiver

EOHHS must waive the lien and reimbursement in whole or in part when it would cause an undue hardship, using the criteria set by the U.S. Secretary of Health and Human Services under 42 U.S.C. 1396p(b)(3) (R.I. Gen. Laws 40-8-15(f)).

Real property lien recording

No lien attaches to real property unless a statement of claim naming the owner of record and describing the property by tax assessor's plat and lot and street address is recorded in the land evidence records of the city or town where the property sits.

Governing law: R.I. Gen. Laws 40-8-15; 210-RICR-10-00-4.4; 210-RICR-10-00-4.9

Frequently asked questions