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210-RICR-10-00-6 TITLE 210 - EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES CHAPTER 10 - EOHHS GENERAL PROVISIONS SUBCHAPTER 00 - GENERAL PROVISIONS Part 6 - Collection of Overpayments Via State Tax Refund Offset 6.1 Legal authority

In accordance with R.I. Gen. Laws §§ 44-30.1-1, 44-30.1-3, 44-30.1-4 and 44- 30.1-8 entitled, “Setoff of Refund of Personal Income Tax”, the Executive Office of Health and Human Services (EOHHS) is authorized to recover Medicaid benefit overpayments and cost share arrearages through the offset of the individual’s state income tax refund. 6.2 Definitions A. For the purposes of this section, the following definitions apply: 1. “Medicaid benefit overpayment” means any amount paid to or on behalf of a Medicaid beneficiary for a Medicaid benefit to which the beneficiary was not entitled, including but not limited to, an overpayment of a RIte Share premium.

2. “Medicaid cost share arrearage” means any amount due and owed to EOHHS as a result of a Medicaid beneficiary’s failure to pay their cost share obligation, including any amount due for a cost sharing obligation or Medicaid premium obligation, imposed in accordance with R.I. Gen. Laws Chapter 40-8.4. 6.3 Criteria for Claims Referred for Setoff A. The Medicaid claim referred for setoff must comply with the State Personal Income Tax Refund Offset procedure (as below). B. The Medicaid claim must be: 1. Established by court order, by administrative hearing conducted by EOHHS, or by written agreement between the EOHHS and the individual: a. Greater than or equal to the minimum amount required for submission for setoff by the R.I. Division of Taxation. The Division of Taxation shall, from time to time, determine the minimum amount of claim to which the setoff procedure may be applied.