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210-RICR-10-00-4 TITLE 210 - EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES CHAPTER 10 - EOHHS GENERAL PROVISIONS SUBCHAPTER 00 - GENERAL PROVISIONS Part 4 - Collections and Payments: Liens and Recovery of Medicaid Payments 4.1 LEGAL authority

In accordance with federal mandates and R.I. Gen. Laws § 40-8-15, this lien and recovery regulation applies to the estates of recipients, whether categorically or medically needy, fifty-five (55) years of age or older at the time of receipt of Medicaid. 4.2 OVERVIEW A. A lien shall attach against property, which is included or includable in the decedent’s probate estate, regardless of whether or not a probate proceeding has been commenced in a probate court. Such a lien shall only be effective upon proper prior notice and if the lien is recorded in the land evidence records in accordance with R.I. Gen. Laws § 40-8-15. B. This Part, as it applies to all probate proceeding of a decedent aged fifty-five years (55) or older, shall include voluntary informal probate proceedings and any references to an executor or administrator shall include, without limitation, a voluntary executor or voluntary administrator. 4.3 Definitions A. As used in this section, the following terms shall be construed as follows: 1. "Estate", with respect to a deceased individual, means all real and personal property and other assets included or includable within the individual's probate estate. 2. “Executive Office of Health and Human Services" or "EOHHS” means the state agency established in 2006 under the provisions of R.I. Gen. Laws Chapter 42-7.2 et seq. within the executive branch of state government and serves as the principal agency for the purposes of managing the Departments of Children, Youth, and Families (DCYF); Health (DOH); Human Services (DHS); and Behavioral Healthcare, Developmental Disabilities, and Hospitals (BHDDH). The EOHHS is designated as the “single state agency,” authorized under Title XIX of the U.S. Social