How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

When someone who received Medicaid benefits passes away, the Rhode Island Executive Office of Health and Human Services (EOHHS) may file a claim against their estate to recover costs. If you inherit from that estate, you can obtain and review the claim documentation by following these steps:

1. Confirm the Existence of a Medicaid Claim

First, check the probate file at the local probate court where the estate was opened. Under Rhode Island’s Probate Code (R.I. Gen. Laws § 33-15-3), the executor must file an inventory. This inventory often notes any governmental claims, including Medicaid estate-recovery claims under R.I. Gen. Laws § 40-8-15.

2. Request Probate Records

Visit the probate court clerk’s office and ask for copies of all filings, including the inventory, creditor’s claims, and any petitions. Rhode Island courts typically allow you to inspect or obtain copies upon request and payment of a small fee.

3. File a Freedom of Information Act (FOIA) Request

To get detailed Medicaid claim records, submit a public records request under the Rhode Island Freedom of Information Act (R.I. Gen. Laws § 38-2). Address your request to:

• EOHHS, Division of Medicaid
  Three State House Station
  Providence, RI 02903

Include the decedent’s name, date of birth, and Medicaid ID (if known). Ask for the Medicaid recovery claim, itemized benefits, and correspondence related to the claim.

4. Review the Claim Documentation

Once you receive the files, look for:

• Notice of Estate Recovery Claim: Date and amount.
• Itemized Benefits Statement: Types of services and costs.
• Proof of Notice: How and when the estate executor was alerted.
• Any Waivers or Negotiations: If the estate negotiated the amount.

5. Consider Next Steps

If you dispute the claim’s amount or validity, you can:

• File an objection in probate court under R.I. Gen. Laws § 33-15-20.
• Seek assistance from an attorney specializing in Medicaid estate recovery.

Helpful Hints

• Gather all probate court case numbers before you start.
• Keep copies of your FOIA request and any EOHHS responses.
• Note all deadlines for probate objections—timely filing matters.
• Check whether certain assets (e.g., burial funds) are exempt from recovery.
• Consider free legal aid if you can’t afford private counsel.