Section 218-RICR-20-00-2.9 - Third-Party LiabilityA. A third (3rd) party is a collateral source which may be liable for an accident, injury, or illness of applicants/recipients. When an applicant needs and accepts a cash payment during the period in which a claim for payment from a collateral source is pending, the applicant is advised that repayment for funds financed by the State to the applicant is required by R.I. Gen. Laws § 40-6-9, as amended, if the applicant is subsequently found eligible for monies from the collateral source.B. When the applicant signs the application for assistance, s/he assigns all rights to the Department of Human Services (DHS) for and on behalf of her or himself and any person for whom the individual may legally act for amounts recoverable from a third (3rd) party equal to the amount of financial assistance and medical assistance provided as a result of the accident, illness, or injury.2.9.1Third-Party PaymentsA. Potentially liable third (3rd) parties include but are not limited to insurance companies liable for Worker's Compensation and/or other types of insurance. RSDI benefits are not subject to reimbursement. Generally, these payments are retroactive payments and cover a period of time cash assistance had to be paid because the income from the collateral source was not available.B. Funds subject to such assignment are all cash assistance payments provided to such applicant and any family members included in the applicant's cash assistance payment and all Title XIX payments which are related to the accident, injury, or illness for which the third (3rd) party may be liable.C. All pertinent information concerning a potential third-party resource is contained in the application and will be referred by the third-party liability unit or its equivalent.218 R.I. Code R. 218-RICR-20-00-2.9
Adopted effective 1/6/2019
Amended effective 2/16/2020
Amended effective 2/27/2022
Amended effective 11/11/2022
Amended effective 8/26/2023
Amended effective 11/4/2023