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4.8 CLIENT NOTIFICATION

During application for Medicaid for the individual who is fifty-five (55) or older at the time of application or who will turn fifty-five (55) before renewal, the individual, or his/her representative, must be advised that, under Rhode Island law, receipt of Medicaid may constitute a lien upon his/her estate. Similarly, at renewal for Medicaid for an individual who is fifty-five (55) years of age or older or who will become fifty-five (55) before the next renewal, it must be explained to such individual that the lien is an attachment against the individual's estate, taking effect at death, which allows EOHHS to recover from the individual's estate any Medicaid paid on behalf of the individual from the time s/he became fifty-five (55) years of age (and after the effective date of the law). The exceptions in § 4.6 of this Part relative to certain survivors must be explained to the applicant. 4.9 RECOVERY A. Based on the information regarding the deceased's resources and the assistance which would by law be recovered, a decision regarding recovery is made by EOHHS. B. EOHHS Recovery Practices: 1. Upon the filing of a petition for admission to probate of a decedent’s will or for administration of a decedent’s estate, when the decedent was fifty-five (55) years or older at the time of death, a copy of said petition and a copy of the death certificate shall be sent to the EOHHS: a. EOHHS Legal Office, Virks Building, 3 West Road, Cranston, RI 02920. 2. The notice requirements of this section are in addition to any notice that may be required pursuant to R.I. Gen. Laws § 33-11-5.1 entitled “Duty to notify known or reasonably ascertainable creditors.” 3. If the EOHHS requests additional information, an executor or administrator shall complete and send to EOHHS a form prescribed by that office and shall provide such additional information within thirty (30) days of the request. Petitioners shall maintain documentation evidencing notice to the EOHHS Legal Office and file a copy of this notice with the probate court prior to hearing. In the case of a voluntary probate proceeding, since there is no hearing, a copy of the notice to EOHHS shall be filed with the probate court with the voluntary petition. 4. For estates open on or after July 1, 2012, should a petitioner fail to send a copy of the petition and a copy of the death certificate to the EOHHS Legal Office and a decedent has received Medicaid for which the EOHHS