10/17/2026
Can you own a second home and qualify for Medicaid benefits?
Vega v. Executive Office of Health and Human Services, C.A. No. PC-2025-03316 (R.I. Super. Ct., filed Oct. 6, 2026; Judge William E. Carnes Jr.; Lawyers Weekly No. 61-072-26).
Holding and Key Facts
The Superior Court upheld the denial of Gregoria Moreno Vega’s LTSS Medicaid application. DHS had counted her co-owned Puerto Rico residence toward the resource limit, putting her over the $4,000 LTSS resource limit under 210 RICR 50-00-6.5. The EOHHS appeals officer (Robert Pelosi) affirmed the denial after a hearing; the court affirmed under the APA (G.L. 1956 § 42-35-15).
Residency vs. Countable Resource
The decision draws a clear distinction on residency status:
• Personal residency eligibility: The hearing officer correctly found Mrs. Vega is a Rhode Island resident with no intent to return to Puerto Rico (based on her daughter’s representations). She was therefore not disqualified from Medicaid on residency grounds. Under 210 RICR 40-00-3.6.5(A)(1)(a)(5) (2024), an applicant who declares an out-of-state residential property as a home to return to is not considered a Rhode Island resident for eligibility purposes, and the property is countable. That did not apply here.
• Out-of-state residence as a countable resource: Even for a confirmed Rhode Island resident, an out-of-state residence is countable unless a regulatory exception applies. Residences are countable under the LTSS resource rules unless excluded.
Exceptions Rejected
The appellant argued for the spouse or dependent-child exception in 210 RICR 50-00-6.5.3(B)(2)(e) (2021), which excludes the entire value of a home (regardless of equity and without intent-to-return) if certain relatives live there:
• Spouse: Not applicable. The husband (Carmelo Rodriguez Vazquez) resides in Rhode Island with intent to remain there (and only might return to Puerto Rico after Mrs. Vega’s death). He does not reside at the Puerto Rico property.
• Children: Not applicable. No evidence the children living on the property were under 21, blind, or permanently and totally disabled. Statements confirmed residency but not the statutory criteria.
The hearing officer also found no evidence establishing low value, unsellability, or hardship sufficient to exclude the property (despite claims of Hurricane Maria damage, family occupancy, and an uninhabitable house). The court deferred to the officer’s valuation inference that the family-sized residence and surrounding land exceeded $4,000, as a “reasonable mind” could accept that conclusion on the limited record.
Practical Takeaway
Confirming Rhode Island residency (intent to remain) protects against a pure residency bar, but an out-of-state residence remains a countable resource for LTSS eligibility unless a specific exception in the resource regulations is proven with evidence. The $4,000 resource limit is strict, and courts give substantial deference to the agency on factual findings supported by legally competent evidence.
The nine-page decision is available as Superior-PC-2025-3316.pdf on the Rhode Island courts site. This is a recent (October 2026) administrative appeal; it is not a Supreme Court ruling and does not create broad new precedent beyond applying the existing regulations.