Recovery scope
Probate-only estate definition: property included or includable in probate; property passing outside probate by operation of law or contract is excluded. A death-time lien may attach even without an opened probate case.
Controlling authority
Rhode Island Medicaid Estate Recovery Rules, 210-RICR-10-00-4
Exemptions and deferrals
The rule provides statutory exceptions for a surviving spouse and a child under 21 or blind or disabled.
Hardship-waiver path
Hardship relief is postponement, not automatic cancellation, when sale of a home would be required and the qualifying heir meets the rule's residence-duration, income, and resource tests; circumstances are reviewed at least every two years.
Lien practice
No lien attaches during life. At death, a lien may attach to property included or includable in probate after notice and recording; EOHHS generally begins with an information letter and records a discharge after allowable payment or when inapplicable.
Sources and update policy
Methodology & sources
Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.
This page is educational and is not legal advice.