TITLE 40

Human services

CHAPTER 40-8

Medical Assistance

SECTION 40-8-9.1



   § 40-8-9.1  Notice. –

Whenever an individual who is receiving medical assistance under this chapter

transfers an interest in real or personal property, such individual shall

notify the executive office of health and human services within ten (10) days

of the transfer. Such notice shall be sent to the individual's local office and

the legal office of the executive office of health and human services and

include, at a minimum, the individual's name, social security number or, if

different, the executive office of health and human services identification

number, the date of transfer and the dollar value, if any, paid or received by

the individual who received benefits under this chapter. In the event an

individual fails to provide notice required by this section to the executive

office of health and human services and in the event an individual has received

medical assistance, any individual and/or entity, who knew or should have known

that such individual failed to provide such notice and who receives any

distribution of value as a result of the transfer, shall be liable to the

executive office of health and human services to the extent of the value of the

transfer. Moreover, any such individual shall be subject to the provisions of

§ 40-6-15 and any remedy provided by applicable state and federal laws and

rules and regulations. Failure to comply with the notice requirements set forth

in the section shall not affect the marketability of title to real estate

transferred, while the transferor is receiving medical assistance.



History of Section.

(P.L. 2012, ch. 241, art. 11, § 6.)