Rhode Island State Ombudsman and Attorney General Worked Together on Guidance Restricting LTC Facilities from Seizing Stimulus Checks from Residents

June 13, 2020

After receiving complaints of facilities confiscating federal stimulus payments from residents, Rhode Island Attorney General Peter Neronha announced Friday that he has issued guidance informing nursing homes, assisted living facilities, and long-term care facilities that they are not permitted to seize, retain, or confiscate a resident’s federal stimulus payment. “These payments [up to $1,200] belong to the residents of nursing homes, assisted living facilities, and long-term care facilities and not to those facilities,” said Neronha. Facilities must immediately deliver or return the payments to the residents. If facility administrators have concerns about delivering or returning payments because of a resident’s incapacity or mental health, they should contact the resident’s guardian or legal representative, or contact the Attorney General’s Office at (401) 274-4400 (prompt 6) or email elderabuse@riag.ri.gov.

Additionally, federal stimulus payments under the CARES Act are not considered income under Medicaid rules and would not affect Medicaid eligibility. These payments are also not considered assets for Medicaid eligibility purposes until 12 months after the funds are received. The guidance by the Attorney General’s Office contains helpful questions and answers concerning these topics. 

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