2012 -- H 7744

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LC01659

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE - COLLECTION AND

MANAGEMENT OF DECEDENTS' ESTATES

     Introduced By: Representatives Morgan, Newberry, Ehrhardt, Reilly, and Chippendale

     Date Introduced: February 16, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 33-9 of the General Laws entitled "Collection and Management of

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Decedents' Estates" is hereby amended by adding thereto the following section:

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     33-9-31. Notification by executor or administrator. – In each case where the decedent

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had been receiving Medicaid benefits from the state, the executor or administrator shall, within

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sixty (60) days of his or her appointment, send a notice of commencement of probate to the

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department of health and human services, together with the date of his or her appointment and

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qualification and a request for a determination of the amount due to the state in reimbursement for

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such benefits, if any. In the event the department of health and human services shall fail to notify

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the executor or administrator of the amount due, the executor or administrator may close the

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estate after the time specified by statute free of any obligation for such reimbursement.

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     SECTION 2. This act shall take effect upon passage.

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LC01659

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE - COLLECTION AND

MANAGEMENT OF DECEDENTS' ESTATES

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     This act would require an executor or administrator, in each case where the decedent had

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been receiving Medicaid benefits from the state to send a notice of commencement of probate

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within sixty (60) days of appointment to the department of health and human services, together

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with a request for a determination of the amount due to the state in reimbursement for such

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benefits, if any.

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     It would further provide that, in the event the department of health and human services

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fails to notify the executor or administrator of the amount due, the executor or administrator may

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close the estate after the time specified by statute free of any obligation for such reimbursement.

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     This act would take effect upon passage.

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LC01659

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