§ 44-30.1-1. Definitions.
(a) "Benefit overpayments and interest owed� means any amount in excess of five hundred
dollars ($500) determined to be recoverable under the provisions of chapters 39 —
44 of title 28.
(b) "Cash assistance benefit overpayments� means any amount of cash assistance benefits
which constitutes an overpayment of benefits under the provisions of the Rhode Island
Works Program as previously established by chapter 5.2 of title 40, and/or the predecessor family assistance programs, formerly known as the Family
Independence Program, as previously established by chapter 5.1 of title 40, and the Aid to Families With Dependent Children program, as previously established
by § 40-6-4, which overpayment amount has been established by court order, by administrative
hearing conducted by the department of human services, or by written agreement between
the department of human services and the individual.
(c) "Claimant agency� means either:
(1) The department of human services, with respect (1) to past-due support which has been
assigned to the department of human services by public assistance and medical assistance
recipients or by the department of children, youth and families, (2) past-due support
which it is attempting to collect on behalf of any individual not eligible as a public
assistance recipient, and (3) cash assistance benefit overpayments or medical assistance
benefit overpayments, as defined herein; or
(2)(i) The Rhode Island division of higher education assistance, with respect to obligations
owed to that agency or to the state of Rhode Island by reason of default or failure
to pay student loans, health professions contract advances or scholarships or grant
over-awards, or
(ii) The Rhode Island division of higher education assistance, acting as agent for the
United States Department of Education or other student loan guarantee agencies in
other states which have negotiated a reciprocal arrangement with the Rhode Island
division of higher education assistance for the setoff of refunds of personal income
taxes against defaulted loan obligations.
(3) The Rhode Island court administrative office, with respect to court costs, fines,
and restitution owed; or
(4) The department of labor and training with respect to benefit overpayments and interest
owed in excess of five hundred dollars ($500).
(d) "Court costs owed� means any fines, fees, and/or court costs which have been assessed
pursuant to a criminal disposition by a judge of the district, family and superior
courts, including, but not limited to, those amounts assessed pursuant to chapters
20 and 25 of title 12 and those amounts assessed pursuant to title 31, including also
those fines, fees, and/or court costs assessed by the traffic tribunal or municipal
court associated with motor vehicle violations which have not been paid and which
have been declared delinquent by the administrative judge of the court making the
assessment.
(e) "Debtor� means:
(1) Any individual who owes past-due support which has been assigned to the department
of human services by public assistance and medical assistance recipients or by the
department of children, youth and families, or owes past due support to any individual
not eligible as a public assistance recipient;
(2) Any individual who has obligations owed to the Rhode Island division of higher education
assistance or the state of Rhode Island, the United States Department of Education
or other states and agencies that have negotiated reciprocal agreements with the Rhode
Island division of higher education assistance;
(3) Any individual who owes fines, fees, and/or court costs to the superior, family, district
courts and the traffic tribunal and municipal court associated with motor vehicle
violations;
(4) Any individual who owes restitution to any victim of any offense which has been ordered
by a judge of the district, family and superior courts pursuant to a disposition in
a criminal case and which has been made payable through the administrative office
of state courts pursuant to § 12-19-34 except that obligations discharged in bankruptcy shall not be included;
(5) Any individual who owes any sum in excess of five hundred dollars ($500) for benefit
overpayments and interest to the department of labor and training determined to be
recoverable under the provisions of chapters 39-44 of title 28.
(6) Any individual who owes any sum of cash assistance benefit overpayments to the department
of human services.
(7) Any individual who has obligations owed to the Rhode Island Student Loan Authority
(RISLA), or other states and agencies that have negotiated reciprocal agreements with
RISLA.
(f) "Division� means the department of revenue, division of taxation.
(g) "Fines owed� means any fines, fees, and/or court costs which have been ordered paid
as a penalty in a criminal case by a judge of the district, family and superior courts
and those fines, fees, and/or court costs ordered paid by the traffic tribunal or
municipal court for motor vehicle violations as described in § 31-41.1-4 which have not been paid and which have been declared delinquent by the administrative
judge of the court making the assessment.
(h) "Medical assistance benefit overpayment� means any amount of medical assistance benefits
which constitutes an overpayment of medical assistance benefits. The department is
authorized to promulgate rules and regulations to provide for notice and hearing prior
to the income tax intercept by the department for income tax intercept for medical
assistance benefits overpaid to the recipient. The amount of overpayment of benefits
may include the overpayment of benefits due to the fact that the Medicaid recipient
failed to pay the cost share obligation lawfully imposed in accordance with Rhode
Island law.
(i) "Medical assistance cost share arrearage� means any amount due and owing to the department
of human services as a result of a Medicaid recipient's failure to pay their cost
share obligation, including any amount due for a cost sharing obligation or medical
assistance premium obligation, imposed in accordance with Title 40, Chapter 8.4 of
the Rhode Island General Laws.
(j) "Obligation owed� means the total amount owed by any individual on:
(1) Any guaranteed student loan or parent loan for undergraduate students for which the
Rhode Island division of higher education assistance has had to pay the guarantee,
or for which the Rhode Island division of higher education assistance is acting as
agent on behalf of the United States Department of Education or other state cooperating
agencies which have had to pay a guarantee,
(2) Any contract fee advanced by either the Rhode Island division of higher education
assistance or the state of Rhode Island on behalf of any individual participating
in a health professions educational program for which payment has not been made according
to the terms of the contract, and
(3) Any amount of scholarship or grant funds which constitutes an over-award, whether
due to error or to the submission of false information, and for which repayment has
been demanded by the agency, but which has not been paid.
(4) Any education loan held by the Rhode Island Student Loan Authority (RISLA) not guaranteed
by the Rhode Island division of higher education assistance or other guarantor.
(k) "Past-due support� means the amount of court-ordered child support or maintenance,
child medical support or a spousal support order for a custodial parent having custody
of a minor child, which is overdue or otherwise in arrears, regardless of whether
there is an outstanding judgment for that amount, and whether the order for the support
or maintenance has been established by a court or by an administrative process authorized
under the laws of any state.
(l) "Refund� means the Rhode Island income tax refund which the division of taxation determines
to be due to a taxpayer.
(m) "Restitution owed� means any amount which has been ordered paid pursuant to a criminal
case disposition by a judge of the district, family and superior courts pursuant to
chapter 19 of title 12, which has not been paid and which has been declared delinquent by the administrative
judge of the court making the assessment.