Revised Code of Washington - RCW Title 43 State Government -- Executive - Chapter 43.20B Revenue Recovery For Department Of Social And Health Services

43.20B.010 Definitions
The definitions in this section apply throughout this chapter: (1) "Department" means the department of social and health services. (2) "Secretary" means the secretary of ...
43.20B.020 Fees for services -- Department of health and department of social and health services
The department of social and health services and the department of health are authorized to charge fees for services provided unless otherwise prohibited by law. ...
43.20B.030 Overpayments and debts due the department -- Time limit -- Write-offs and compromises
(1) Except as otherwise provided by law, including subsection (2) of this section, there will be no collection of overpayments and other debts due the ...
43.20B.040 Chapter does not apply where another party liable -- Statement of lien -- Form
The form of the lien in RCW 43.20B.060 shall be substantially as follows: STATEMENT OF LIEN Notice is hereby given that the State of Washington, ...
43.20B.050 Liens -- Compromise -- Settlement or judgment
(1) No settlement made by and between the recipient and tort feasor and/or insurer shall discharge or otherwise compromise the lien created in RCW 43.20B.060 ...
43.20B.060 Reimbursement for medical care or residential care -- Lien -- Subrogation--Delegation of lien and subrogation rights
(1) To secure reimbursement of any assistance paid under chapter 74.09 RCW or reimbursement for any residential care provided by the department at a hospital ...
43.20B.070 Torts committed against recipients of state assistance -- Duties of attorney representing recipient -- Trust account for departmental lien
(1) An attorney representing a person who, as a result of injuries or illness sustained through the negligence or wrong of another, has received, is ...
43.20B.080 Recovery for paid medical assistance -- Rules -- Disclosure of estate recovery costs, terms, and conditions
(1) The department shall file liens, seek adjustment, or otherwise effect recovery for medical assistance correctly paid on behalf of an individual consistent with 42 ...
43.20B.090 Recovery for paid medical assistance and state-funded long-term care--Legislative intent--Legislative confirmation of effect of 1994 c 21
(1) It is the intent of the legislature to ensure that needy individuals have access to basic long-term care without requiring them to sell their ...
43.20B.110 License fees to be charged by secretary -- Waiver -- Review and comment
(1) The secretary shall charge fees to the licensee for obtaining a license. The secretary may waive the fees when, in the discretion of the ...
43.20B.120 Funeral assistance -- Lien against assets
If the department furnishes funeral assistance for deceased recipients under *RCW 74.08.120, the department shall have a lien against those assets left to a surviving ...
43.20B.310 Residential care payments by families, when not collected
No payment may be collected by the department for residential care if the collection will reduce the income as defined in RCW 74.04.005 of the ...
43.20B.320 Mental illness -- Treatment costs -- Criminally insane -- Liability
Patients hospitalized at state hospitals as criminally insane shall be responsible for payment of hospitalization charges.[1987 c 75 § 12; 1959 c 25 § 71.02.380. ...
43.20B.325 Mental illness -- Hospitalization charges -- How computed
Charges for hospitalization of patients in state hospitals are to be based on the actual cost of operating such hospitals for the previous year, taking ...
43.20B.330 Mental illness -- Treatment costs -- Liability
Any person admitted or committed to a state hospital for the mentally ill, and their estates and responsible relatives are liable for reimbursement to the ...
43.20B.335 Mental illness -- Treatment costs -- Determination of ability to pay -- Standards -- Rules and regulations
The department is authorized to investigate the financial condition of each person liable under the provisions of RCW 43.20B.355 and 43.20B.325 through 43.20B.350, and is ...
43.20B.340 Mental illness -- Treatment costs -- Notice and finding of responsibility -- Period -- Adjudicative proceedings
In any case where determination is made that a person, or the estate of such person, is able to pay all, or any portion of ...
43.20B.345 Mental illness -- Treatment costs -- Judgment for accrued amounts
Whenever any notice and finding of responsibility, or appeal therefrom, shall have become final, the superior court, wherein such person or persons reside or have ...
43.20B.347 Mental illness -- Treatment costs -- Lien against real and personal property
Whenever a notice and finding of responsibility, or appeal therefrom, has become final, the department may file a lien against the real and personal property ...
43.20B.350 Mental illness -- Treatment costs -- Modification or vacation of findings of responsibility
The secretary, or the secretary's designee, upon application of the person responsible for payment of reimbursement to the state of the costs of hospitalization, and/or ...
43.20B.355 Mental illness -- Hospitalization charges -- Due date -- Collection
Hospitalization charges are payable on the tenth day of each calendar month, for services rendered during the preceding month, and the department may make all ...
43.20B.360 Mental illness -- Hospitalization charges -- Collection -- Statutes of limitation
No statutes of limitations shall run against the state of Washington for hospitalization charges: PROVIDED, HOWEVER, That periods of limitations for the filing of creditors' ...
43.20B.370 Mental illness -- Hospitalization charges -- Collection -- Prosecuting attorneys to assist
The prosecuting attorneys of the various counties shall assist the department in the collection of hospitalization charges.[1959 c 25 § 71.02.370. Prior: 1951 c 139 ...
43.20B.410 Residential habilitation centers -- Liability for costs of services -- Declaration of purpose
The purpose of RCW 43.20B.410 through 43.20B.455 is to place financial responsibility for cost of care, support and treatment upon those residents of residential habilitation ...
43.20B.415 State residential schools -- Liability for costs of services -- Limitation
The estates of all mentally or physically deficient persons who have been admitted to the state residential schools listed in *RCW 72.33.030 either by application ...
43.20B.420 Residential habilitation centers -- Determination of costs of services -- Establishment of rates -- Collection
The charges for services as provided in RCW 43.20B.425 shall be based on the rates established for the purpose of receiving federal reimbursement for the ...
43.20B.425 Residential habilitation centers -- Costs of services -- Investigation and determination of ability to pay -- Exemptions
The department shall investigate and determine the assets of the estates of each resident of a residential habilitation center and the ability of each such ...
43.20B.430 Residential habilitation centers -- Costs of services -- Notice and finding of responsibility -- Service -- Adjudicative proceeding
In all cases where a determination is made that the estate of a resident of a residential habilitation center is able to pay all or ...
43.20B.435 State residential habilitation centers -- Costs of services -- Modification or vacation of finding of responsibility
The secretary, upon application of the guardian of the estate of the resident, and after investigation, or upon investigation without application, may, if satisfied of ...
43.20B.440 Residential habilitation centers -- Costs of services -- Charges payable in advance
The charges for care, support, maintenance and treatment of persons at residential habilitation centers as provided by RCW 43.20B.410 through 43.20B.455 shall be payable in ...
43.20B.445 Residential habilitation centers -- Costs of services -- Reimbursement from property subsequently acquired -- Placement outside school -- Liability after death of resident
The provisions of RCW 43.20B.410 through 43.20B.455 shall not be construed to prohibit or prevent the department of social and health services from obtaining reimbursement ...
43.20B.450 State residential habilitation centers -- Costs of services -- Liabilities created apply to care, support, and treatment after July 1, 1967
The liabilities created by RCW 43.20B.410 through 43.20B.455 shall apply to the care, support and treatment occurring after July 1, 1967.[1987 c 75 § 29; ...
43.20B.455 Residential habilitation centers -- Costs of services -- Discretionary allowance in resident's fund
Notwithstanding any other provision of RCW 43.20B.410 through 43.20B.455, the secretary may, if in the secretary's discretion any resident of a residential habilitation center can ...
43.20B.460 Guardianship fees and additional costs for incapacitated clients paying part of costs -- Maximum amount -- Rules
The department of social and health services shall establish by rule the maximum amount of guardianship fees and additional compensation for administrative costs that may ...
43.20B.620 Overpayments of assistance -- Lien against recipient's property -- Recovery methods
Overpayments of public assistance or food stamps or food stamp benefits transferred electronically under RCW 74.04.300 shall become a lien against the real and personal ...
43.20B.630 Overpayments of assistance -- Procedures -- Adjudicative proceeding
(1) Any person who owes a debt to the state for an overpayment of public assistance and/or food stamps or food stamp benefits transferred electronically ...
43.20B.635 Overpayments of assistance -- Orders to withhold property of debtor -- Procedures
After service of a notice of debt for an overpayment as provided for in RCW 43.20B.630, stating the debt accrued, the secretary may issue to ...
43.20B.640 Overpayments of assistance -- Failure to withhold property of debtor
If any person, firm, corporation, association, political subdivision, or department of the state fails to answer an order to withhold and deliver within the time ...
43.20B.645 Overpayments of assistance -- Assignment of earnings
Any person, firm, corporation, association, political subdivision, or department employing a person owing a debt for overpayment of public assistance received as defined in RCW ...
43.20B.660 Improper realty transfer -- Suit to rescind -- Recovery from recipient's estate
If an improper real property transfer is made as defined in RCW 74.08.331 through 74.08.338, the department may request the attorney general to file suit ...
43.20B.670 Excess property assistance program -- Lien -- Department as creditor
When the department provides grant assistance to persons who possess excess real property under *RCW 74.04.005(10)(f), the department may file a lien against, or otherwise ...
43.20B.675 Vendor overpayments -- Goods or services provided on or after July 1, 1998 -- Notice -- Adjudicative proceeding -- Enforcement -- Collection -- Rules
(1) When the department determines that a vendor was overpaid by the department for either goods or services, or both, provided to department clients, except ...
43.20B.680 Vendor overpayments -- Lien or other security -- Setoff or recoupment -- Exception
(1) The department may, at the secretary's discretion, secure the repayment of any outstanding overpayment, plus interest, if any, through the filing of a lien ...
43.20B.685 Vendor overpayments -- Liens -- Duration -- Enforcement
Liens created under RCW 43.20B.680 shall bind the affected property for a period of ten years after the lien has been recorded or ten years ...
43.20B.688 Limitation on actions to enforce vendor overpayment debts
Any action to enforce a vendor overpayment debt shall be commenced within six years from the date of the department's notice to the vendor.[1987 c ...
43.20B.690 Vendor overpayments -- Remedies nonexclusive
The remedies under RCW 43.20B.680 and 43.20B.685 are nonexclusive and nothing contained in this chapter may be construed to impair or affect the right of ...
43.20B.695 Vendor overpayments -- Interest -- Exceptions
(1) Except as provided in subsection (4) of this section, vendors shall pay interest on overpayments at the rate of one percent per month or ...
43.20B.710 Medical assistance -- Improper transfer or assignment of resources -- Penalty -- Presumption, rebuttal -- Attorney's fees
If cash or resources are improperly transferred or assigned under *RCW 74.09.538, a person who knowingly or willingly receives the assets for less than fair ...
43.20B.720 Recipient receiving industrial insurance compensation -- Subrogation rights of department -- Lien -- Withhold and deliver notice
(1) To avoid a duplicate payment of benefits, a recipient of public assistance from the department of social and health services is deemed to have ...
43.20B.730 Recipient receiving industrial insurance compensation -- Effective date of lien and notice -- Service
The effective date of the lien and notice to withhold and deliver provided in RCW 43.20B.720 is the day that it is received by the ...
43.20B.735 Recipient receiving industrial insurance compensation -- Duty to withhold and deliver -- Amount
The director of labor and industries or the director's designee, or a self-insurer as defined in chapter 51.08 RCW, following receipt of the lien and ...
43.20B.740 Recipient receiving industrial insurance compensation -- Adjudicative proceeding--Collection pending final order
A recipient feeling aggrieved by the action of the department of social and health services in recovering his or her temporary total disability compensation as ...
43.20B.745 Recipient receiving industrial insurance compensation -- Application
RCW 43.20B.720 through 43.20B.745 shall not apply to persons whose eligibility for benefits under Title 51 RCW, is based upon an injury or illness occurring ...
43.20B.750 Recipients holding title to real property or purchasing under land sales contracts -- Recording request for notice or termination or request for notice of transfer or encumbrance of property -- Notice and hearing -- Rules
(1) When an individual receives medical assistance subject to recovery under this chapter and the individual is the holder of record title to real property ...
43.20B.900 Savings -- 1987 c 75
The enactment of this act shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which is already ...
43.20B.901 Severability -- 1987 c 75
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...

Last modified: April 7, 2009