ARTICLE 11 AS AMENDED

 

RELATING TO MEDICAL ASSISTANCE RECOVERIES

 

     SECTION 1. Title 27 of the General Laws entitled “INSURANCE” is hereby amended

by adding thereto the following chapter:

 

CHAPTER 57.1

MEDICAL ASSISTANCE INTERCEPT ACT

 

     27-57.1-1. Interception of insurance payments.-- (a) Every domestic insurer or

insurance company authorized to issue policies of liability insurance pursuant to this title, and

also any workers' compensation insurer, within thirty (30) days prior to the making of any

payment equal to or in excess of five hundred dollars ($500) to any claimant, for third party for

personal injury or workers' compensation benefits under a contract of insurance, shall review

information provided by the executive office of health and human services pursuant to section 27-

57.1-4, indicating whether the claimant has received medical assistance in accordance with

chapter 40-8.

     (b) If the insurer determines from the information provided by the executive office of

health and human services pursuant to section 27-57.1-4 that the claimant or payee has not

received medical assistance, the insurer may make the payment to the claimant in accordance

with the contract of the insurance.

     (c) If the insurer determines from the information provided by the executive office of

health and human services pursuant to section 27-57.1-4 that the claimant or payee has received

medical assistance, the insurer shall, except to the extent payments are subject to liens, written

notices, or interests described in section 27-57.1-3, withhold from payment the amount to the

extent of the distribution for medical assistance as a result of the accident or loss, dating back to

the date of the incident, pay that amount to the executive office of health and human services and

pay the balance to the claimant or other persons entitled to it. The executive office of health and

human services shall provide written notice to the claimant and his or her attorney, if any. The

notice shall reflect the date, name, social security number, case number, amount of the payment

being withheld to reimburse the state, reason for payment and opportunity to request a hearing as

provided for in subsection 27-57.1-1(e). Any insurer or insurance company, its directors, agents,

and employees and central reporting organizations and their respective employees authorized by

an insurer to act on its behalf that releases information in accordance with the provisions of this

chapter, or who withholds an amount from payment based upon the latest information supplied by

the executive office of health and human services pursuant to section 27-57.1-4 and disburses in

accordance with section 27-57.1-3, shall be immune from any liability to the claimant, payee lien

holder, payee who provided written notice, or security interest holder. Any withholding from

payments in accordance with this chapter and payment made to the executive office of health and

human services is further subject to the provisions of section 40-6-9, regarding rights of

assignment and subrogation by medical assistance recipients. Said payments to the executive

office of health and human services shall be for reimbursement of distributed medical assistance

incurred as a result of the accident or loss, dating back to the date of the incident.

     (d) Workers’ compensation claimants who receive medical assistance, provided in

accordance with chapter 40-8, shall be subject to the provisions of this chapter. However, the

workers’ compensation reimbursement payments made to the executive office of health and

human services in accordance with this chapter shall be limited to that set forth in chapter 28-33

and section 40-6-10.

     (e) Any claimant aggrieved by any action taken under this section may within thirty (30)

days of the mailing of the notice to the claimant in subsection (c) of this section, request a hearing

from the executive office of health and human services. Any payments made by an insurer

pursuant to this chapter shall be made to the executive office of health and human services,

should there be no request for a hearing within thirty (30) days of receipt of notice, or within ten

(10) business days of a decision after a hearing and in accordance with the decision of any

hearing that takes place as provided for in this subsection.

 

     27-57.1-2. Notice of interception of insurance settlements.-- In any case where the

executive office of health and human services has intercepted an insurance payment, that office

shall notify the recipient.

 

     27-57.1-3. Certain liens not affected. -- Nothing in this chapter affects the validity or

priority of liens or written notices of health care providers, attorney fees, holders of security

interests, or the assignment of rights under section 40-6-9 or section 40-6-10. Funds subject to

liens, written notices, or security interests shall be paid to the lien or interest holder. Funds

available to be paid pursuant to chapter 27-57 for the payment of child support shall supersede

any payment made pursuant to this chapter.

 

     27-57.1-4. Information to be provided by the executive office of health and human

services.-- (a) The executive office of health and human services shall periodically within each

year furnish the insurance companies and insurers subject to this section with a list or compilation

of claimants, who have received medical assistance, as a result of the accident or loss which is the

basis of the claim and who have been identified and matched through the centralized database

provided for in this chapter. The information provided to the insurance companies and insurers

shall be the names of individuals, with last known addresses, who as of the date of the list or

compilation have received medical assistance in excess of five hundred dollars ($500).

     (b) In order to facilitate the efficient and prompt reporting of those medical assistance

recipients in one centralized location, it is the duty and responsibility of the insurance companies

doing business in the state to utilize one centralized database, to which the executive office of

health and human services shall report and administer. Any insurer receiving information

identifying an individual as a medical assistance recipient shall maintain the confidentiality of

that information. Minimal data elements shall be shared with an agency contracted by the

executive office of health and human services which maintains a centralized database of

insurance claims. The contracted centralized database is required to keep confidential any

personal and personnel information; records sufficient to identify an applicant for or recipient of

medical assistance; preliminary drafts, notes, impressions, memoranda, working papers, and work

products; as well as any other records, reports, opinions, information, and statements deemed

confidential pursuant to state or federal law or regulation, or rule of court. That data shall not be

disclosed to the insurer. Matched results are returned to the executive office of health and human

services through its contracted agency. Proper quality assurance shall be performed by the

contracted agency to insure the claim is open and collect additional information from the insurer

including but not limited to contact information.

 

     SECTION 2. Sections 27-57-1, 27-57-2 and 27-57-4 of the General Laws in Chapter 27-

57 entitled "Child Support Intercept Act" are hereby amended to read as follows:

 

     27-57-1. Interception of insurance payments. -- (a) Every domestic insurer or

insurance company authorized to issue policies of liability insurance pursuant to this title, and

also any workers' compensation insurer, shall, within thirty (30) days prior to the making of any

payment equal to or in excess of three thousand dollars ($3,000) five hundred dollars ($500) to

any claimant who is a resident of the state of Rhode Island or to any claimant who has an accident

or loss that occurred in the state of Rhode Island, for third party for personal injury or workers'

compensation benefits under a contract of insurance, review information provided by the

department of administration, division of taxation, human service, office of child support

services, child support enforcement pursuant to section 27-57-4 indicating whether the claimant

owes past-due child support.

      (b) If the insurer determines from the information provided by the department pursuant

to section 27-57-4 that the claimant or payee does not owe past-due support, the insurer may

make the payment to the claimant in accordance with the contract of the insurance.

      (c) If the insurer determines from the information provided by the department pursuant

to section 27-57-4 that the claimant or payee owes past-due child support, the insurer shall,

except to the extent payments are subject to liens, written notices, or interests described in section

27-57-3, withhold from payment the amount of past-due support and pay that amount to the

family court which shall credit the person's child support obligation account for the amount so

paid, and the insurer shall pay the balance to the claimant or other person entitled to it; provided,

that the . The insurer or insurance company shall provide written notice by regular mail to the

claimant and his or her attorney, if any, and notice by e-mail or other electronic means, to the

department of the payment to the family court. The payment shall be deposited in the registry of

the family court for a period of forty-five (45) days, or if an application for review has been filed

pursuant to subsection (d), until further order of the court. The notice shall reflect the date, name,

social security number, case number, and amount of the payment. Any insurer or insurance

company, its directors, agents, and employees and central reporting organizations and their

respective employees, authorized by an insurer to act on its behalf, who release information in

accordance with the provisions of this chapter, or who withhold amounts from payment based

upon the latest information supplied by the department pursuant to section 27-57-4 and makes

disbursements in accordance with section 27-57-3, shall be in compliance and shall be immune

from any liability to the claimant, payee lienholder, payee who provided written notice, or

security interest holder for taking that action.

      (d) Any claimant aggrieved by any action taken under this section may within thirty (30)

days of the making of the notice to the claimant in subsection (c) of this section, seek judicial

review in the family court, which may, in its discretion, issue a temporary order prohibiting the

disbursement of funds under this section, pending final adjudication.

 

     27-57-2. Notice provided to obligors of interception of insurance settlements. -- In

any case where the department of administration, division of taxation human services, office of

child support services, child support enforcement unit has intercepted an insurance payment, the

department shall notify the obligor parent of this action upon crediting the obligor's account.

 

     27-57-4. Information to be provided by the department of administration, division

of taxation, child support enforcement Information to be provided by the department of

human services, office of child support services, child support enforcement. -- (a) The

department shall periodically within each year furnish the insurance companies and insurers

subject to this section with a list or compilation of names of individuals, with last known

addresses, who as of the date of the list or compilation owe past due support in excess of five

hundred dollars ($500) as shown on the Rhode Island family court/department of administration,

division of taxation, child support enforcement human services, office of child support services,

child support enforcement computer system ("CSE system"). For the purposes of this section, the

terms used in this section have the meaning and definitions specified in section15-16-2.

      (b) In order to facilitate the efficient and prompt reporting of those arrearages in one

centralized location, it is the duty and responsibility of the insurance companies doing business in

the state to utilize one centralized database to which the department shall report and administer.

 

     SECTION 3. Section 28-33-27 of the General Laws in Chapter 28-33 entitled "Workers'

Compensation - Benefits" is hereby amended to read as follows:

 

     28-33-27. Immunity of claims from assignment or liability for debt. -- (a) No claims

or payments due for compensation under chapters 29 -- 38 of this title or under any alternative

scheme permitted by sections 28-29-22 -- 28-29-24 shall be assignable, or subject to attachment,

or liable in any way for any debts, except as set forth in subsection (b) of this section.

      (b) A lien in favor of the department of labor and training and/or the department of

human services executive office of health and human services shall attach by operation of law to

any benefits due and payable under chapters 29 -- 38 of this title, or under any alternative scheme

by sections 28-29-22 -- 28-29-24, to the extent that those payments have been made by the

department of labor and training and/or the department of human services executive office of

health and human services to or on behalf of an injured employee or his or her dependents, but

only to the extent that the employee would be entitled to receive benefits under the provision of

these chapters. Any such lien is subject to the provisions of section 40-6-10.

 

     SECTION 4. Sections 40-6-9 and 40-6-10 of the General Laws in Chapter 40-6 entitled

"Public Assistance Act" are hereby amended to read as follows:

 

     40-6-9. Assignment of child, spousal and medical support rights Assignment and

subrogation for recovery of child, spousal and medical support rights. -- (a) An applicant for

or recipient of public assistance under this chapter or under title XIX of the federal Social

Security Act, 42 U.S.C. section 1396 et seq., for and on behalf of himself or herself and for and

on behalf of a child or children, shall be deemed, without the necessity of signing any document

for purposes of recovery, to have made an assignment and given a right of subrogation to the

executive office of health and human services and/or the department of human services, as

applicable, of any and all rights and interests in any cause of action, past, present, or future, that

the applicant or recipient may have against any person failing to or obligated to provide for the

support, maintenance, and medical care of the applicant, recipient, and/or minor child or children,

for the period of time that assistance is being paid by the executive office of health and human

services and/or the department; . The executive office of health and human services and/or the

department shall be subrogated to any and all rights, title, and interest the applicant or recipient

may have against any and all property belonging to the obligated or non-supporting person in the

enforcement of any claim for child, spousal, and medical support, whether liquidated through

court order or not. The applicant or recipient shall also be deemed, without the necessity of

signing any document, to have appointed the executive office of health and human services

and/or the department of human services as his or her true and lawful attorney in fact to act in his

or her name, place, and stead to perform the specific act of instituting suit to establish paternity or

secure support and medical care, collecting any and all amounts due and owing for child, spousal,

and medical support, endorsing any and all drafts, checks, money orders, or other negotiable

instruments representing support payments which are received by executive office of health and

human services and/or the department, and retaining any portion thereof permitted under federal

and state statutes as reimbursement for financial and medical assistance previously paid to or for

the recipient, child, or children.

      (b) An applicant for or a recipient of medical assistance provided by executive office of

health and human services and/or the department pursuant to this chapter, chapter 5.1, or chapter

8 of this title or title XIX of the federal Social Security Act, 42 U.S.C. section 1396 et seq., for

and on behalf of himself or herself, and for and on behalf of any other person for whom he or she

may legally assign rights to any medical support or any other medical care, shall be deemed,

without the necessity of signing any document for purposes of reimbursement, to have made an

assignment and given a right of subrogation to executive office of health and human services

and/or the department of human services of any and all rights and interests that he, she, or such

other person may have: (1) to payment for any medical support; and (2) to payment for any

medical care from any third party.

      (c) In addition to the assignments and subrogation rights provided in subsections (a) and

(b) of this section, an applicant for or a recipient of financial assistance provided by the executive

office of health and human services and/or department pursuant to this chapter, whenever the

assistance is necessary by reason of accident, injury, or illness for which a third party may be

liable, for and on behalf of himself or herself, and for and on behalf of any other person for whom

he or she may legally act, shall be deemed, without the necessity of signing any document, to

have assigned and subrogated to the executive office of health and human services and/or the

department of human services, from amounts recovered or recoverable from any third party, an

amount of money equal to the amount of financial assistance provided as a result of the accident,

illness, or injury.

      (d) With respect to an assignment and subrogation rights established pursuant to this

section, an applicant or recipient shall provide to the executive office of health and human

services and/or the department of human services and/or the division of taxation within the

department of administration all relevant information regarding the rights assigned and

subrogated rights, and shall execute any documents relating thereto, in accordance with rules and

regulations to be adopted by the executive office of health and human services and/or the

department.

      (e) With respect to any assignment of rights and subrogation rights for medical or

financial support or recoveries under this section, the executive office of health and human

services and/or the department of human services shall be considered to have acquired the rights

of such individual to payment by any third party for such medical care and support, and financial

support.

     (f) An applicant for or a recipient of medical assistance provided by the executive office

of health and human services in accordance with chapter 40-8 shall also be subject to the

provisions of chapter 27-57.1. Funds available to be paid for the payment of child support shall

supersede any payment made pursuant to this chapter and chapter 27-57.1.

 

     40-6-10. Effects of assistance on receipt of workers' compensation benefits. -- (a) No

individual shall be entitled to receive assistance provided under this chapter or chapter 5.1 of this

title and/or medical assistance under chapter 8 of this title for any period beginning on or after

July 1, 1982, with respect to which benefits are paid or payable to individuals under any workers'

compensation law of this state, any other state, or the federal government, on account of any

disability caused by accident or illness. In the event that workers' compensation benefits are

subsequently awarded to an individual with respect to which the individual has received

assistance payments under this chapter or chapter 5.1 of this title and/or medical assistance under

chapter 8 of this title, then the department executive office of health and human services shall be

subrogated to the individual's rights in the award to the extent of the amount of the payments

and/or medical assistance paid to or on behalf of the individuals.

      (b) Whenever an employer or insurance carrier has been notified by the department

executive office of health and human services that an individual is an applicant for or a recipient

of assistance payments under this chapter or chapter 5.1 of this title, and/or medical assistance

under chapter 8 of this title, for a period during which the individual is or may be eligible for

benefits under the Workers' Compensation Act, chapters 29--38 of title 28, the notice shall

constitute a lien in favor of the department executive office of health and human services, upon

any pending award, order, or settlement to the individual under the Workers' Compensation Act.

The employer or his or her insurance carrier shall be required to reimburse the department of

human services executive office of health and human services the amount of the assistance

payments and/or medical assistance paid to or on behalf of the individual for any period for which

an award, order, or settlement is made.

      (c) Whenever an individual becomes entitled to or is awarded workers' compensation for

the same period with respect to which the individual has received assistance payments under this

chapter or chapter 5.1 of this title and/or medical assistance under chapter 8 of this title, and

whenever notice of the receipt of assistance payments has been given to the division of workers'

compensation of the department of labor and training of this state and/or the workers'

compensation commission, the division or commission is hereby required to and shall incorporate

in any award, order, or approval of settlement, an order requiring the employer or his or her

insurance carrier to reimburse the department executive office of health and human services the

amount of the assistance payments and/or medical assistance paid to or on behalf of the

individual for the period for which an award, order, or settlement is made.

     (d) Any claims or payments to a recipient of medical assistance provided by the executive

office of health and human services in accordance with chapter 40-8 shall also be subject to the

provisions of chapter 28-33-27. Funds available to be paid for the payment of child support shall

supersede any payment made pursuant to this chapter and chapter 27-57.1.

 

     SECTION 5. Section 40-8-15 of the General Laws in Chapter 40-8 entitled "Medical

Assistance" is hereby amended to read as follows:

 

     40-8-15. Lien on deceased recipient's estate for assistance. -- (a) (1) Upon the death of

a recipient of medical assistance under Title XIX of the federal Social Security Act, 42 U.S.C. §

1396 et seq., the total sum of medical assistance so paid on behalf of a recipient who was fifty-

five (55) years of age or older at the time of receipt of the assistance shall be and constitute a lien

upon the estate, as defined herein in subdivision (a)(2) below, of the recipient in favor of the

department of human services executive office of health and human services. The lien shall not be

effective and shall not attach as against the estate of a recipient who is survived by a spouse, or a

child who is under the age of twenty-one (21), or a child who is blind or permanently and totally

disabled as defined in Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq. The

lien shall not be effective and shall not attach as against a recipient's estate, which has been

admitted for probate administration unless the department has filed a claim for reimbursement in

the probate court in accordance with § 33-11-5 or other applicable law. The lien shall attach

against property of a recipient, which is included or includible in the decedent’s probate estate,

regardless of whether or not a probate proceeding has been commenced in the probate court by

the executive office of health and human services or by any other party. Provided, however, that

such lien shall only attach and shall only be effective against the recipient’s real property

included or includible in the recipient’s probate estate if such lien is recorded in the land evidence

records and is in accordance with subsection 40-8-15(f). Decedents who have received medical

assistance are subject to the assignment and subrogation provisions of sections 40-6-9 and 40-6-

10.

     (2) For purposes of this section, the term "estate" with respect to a deceased individual

shall include all real and personal property and other assets included or includable within the

individual's probate estate

     (b) The department executive office of health and human services is authorized to

promulgate regulations to implement the terms, intent, and purpose of this section and to require

the legal representative(s) and/or the heirs-at-law of the decedent to provide reasonable written

notice to the department executive office of health and human services of the death of a recipient

of medical assistance who was fifty-five (55) years of age or older at the date of death, and to

provide a statement identifying the decedent's property and the names and addresses of all

persons entitled to take any share or interest of the estate as legatees or distributees thereof.

     (c) The amount of medical assistance reimbursement imposed under this section shall

also become a debt to the state from the person or entity liable for the payment thereof.

     (d) Upon payment of the amount of reimbursement for medical assistance imposed by

this section, the director secretary of the department of human services executive office of health

and human services, or his or her designee, shall issue a written discharge of lien.

     (e) Upon application to the director and a determination by the director that the lien is

either inapplicable or that no reimbursement for medical assistance is due with respect to the

estate, the director shall issue a written discharge of lien.

     (f) Provided, however, that no lien created under this section shall attach nor become

effective upon any real property unless and until a statement of claim is recorded naming the

debtor/owner of record of the property as of the date and time of recording of the statement of

claim, and describing the real property by a description containing all of the following: (1) tax

assessor's plat and lot; and (2) street address. The statement of claim shall be recorded in the

records of land evidence in the town or city where the real property is situated. Notice of said lien

shall be sent to the duly appointed executor or administrator, the decedent’s legal representative,

if known, or to the decedent’s next of kin or heirs at law as stated in the decedent’s last

application for medical assistance.

     (g)(f) The department of human services executive office of health and human services

shall establish procedures, in accordance with the standards specified by the secretary, U.S.

Department of Health and Human Services, under which the department of human services

executive office of health and human services shall waive, in whole or in part, the lien and

reimbursement established by this section if such lien and reimbursement would work an undue

hardship, as determined by the department executive office of health and human services, on the

basis of the criteria established by the secretary in accordance with 42 U.S.C. § 1396p(b)(3).

     (g) Upon the filing of a petition for admission to probate of a decedent’s will or for

administration of a decedent’s estate, when the decedent was fifty-five (55) years or older at the

time of death, a copy of said petition and a copy of the death certificate shall be sent to the

executive office of health and human services. Within thirty (30) days of a request by the

executive office of health and human services, an executor or administrator shall complete and

send to the executive office of health and human services a form prescribed by that office and

shall provide such additional information as the office may require. In the event a petitioner fails

to send a copy of the petition and a copy of the death certificate to the executive office of health

and human services and a decedent has received medical assistance for which the executive office

of health and human services is authorized to recover, no distribution and/or payments, including

administration fees, shall be disbursed. Any person and /or entity that receives a distribution of

assets from the decedent’s estate shall be liable to the executive office of health and human

services to the extent of such distribution.

     (h) Compliance with the provisions of this section shall be consistent with the

requirements set forth in section 33-11-5 and the requirements of the affidavit of notice set forth

in section 33-11-5.2. Nothing in these sections shall limit the executive office of health and

human services from recovery, to the extent of the distribution, in accordance with all state and

federal laws.

 

     SECTION 6. Chapter 40-8 of the General laws entitled “Medical Assistance” is hereby

amended by adding thereto the following section:

 

     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 section 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

 

     SECTION 7. Chapter 33-11 of the General Laws entitled “Claims Against Decedents’

Estates” is hereby amended by adding thereto the following section:

 

     33-11-5.2. Fiduciary’s affidavit regarding notice to creditors and OHHS. -- In order

to close an estate, whether by accounting or affidavit of completed administration, the fiduciary

shall submit to the probate court an affidavit in substantially the following form:

 

     STATE OF RHODE ISLAND                                             PROBATE COURT OF THE

     COUNTY _____________                                                TOWN OF _____________

     ESTATE OF __________________                                   NO. ________

     FIDUCIARY’S AFFIDAVIT REGARDING NOTICE TO CREDITORS AND TO THE

     EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

     The undersigned fiduciary of the above-captioned estate upon oath deposes and says that

(a) notice of the commencement of the estate was mailed to all known or reasonably ascertainable

creditors of the estate, as well as to the executive office of health and human services when the

decedent was fifty-five (55) years or older, or that (b) no such notice was required to be mailed

because the estate had no known or reasonably ascertainable creditors and the decedent was under

the age of fifty-five (55).

     Name                                                                      Date

     Subscribed and sworn before me this ______ day of _______, 20__.

     _______________________________________

     Notary public

 

     SECTION 8. Section 33-22-3 of the General Laws in Chapter 33-22 entitled "Practice in

Probate Courts" is hereby amended to read as follows:

 

     33-22-3. Notice given by petitioner on filing of petition and hearing. -- In addition to

the notice prescribed by section 33-7-9, and to notice by publication in the manner as prescribed

by section 33-22-11, the petitioner or his or her attorney shall, at least ten (10) days before the

date set for hearing on the petition, send or cause to be sent by mail, postage prepaid, addressed to

each person whose name and post office address is by section 33-22-2(3) required to be set forth

in the petition, as the names and addresses are set forth therein or as then known to the petitioner,

and when the decedent was fifty-five (55) years or older to the executive office of health and

human services and in accordance with section 40-8-15, notice of the filing, the nature of the

petition, and of the time and place set for hearing on the petition, or in lieu thereof a copy of the

newspaper notice published pursuant to the provisions of section 33-22-11; provided, however,

that in the case of any person entitled to notice hereunder whose post office address is outside the

continental limits of the United States this notice shall be sent at least three (3) weeks before the

date set for the hearing; and provided further that the petitioner or his or her attorney shall not be

required to send this notice to any person sui juris who shall at, or prior to, the hearing waive

notice of its pendency in writing either on the petition or by instrument separately filed. The

petitioner or his or her attorney shall at or prior to the hearing file or cause to be filed an affidavit

that the notice was given, setting forth the names and post office addresses of the persons to

whom the notice was sent and the date of mailing of the notice, together with a copy of the notice.

 

     SECTION 9. This article shall take effect July 1, 2012.