Washington Administrative Code
Title 182 - Health Care Authority
WASHINGTON APPLE HEALTH
Chapter 182-527 - Estate recovery and pre death liens
Section 182-527-2734 - Liens during a client's lifetime
Universal Citation: WA Admin Code 182-527-2734
Current through Register Vol. 24-18, September 15, 2024
For the purposes of this section, the term "agency" includes the agency's designee.
(1) When the agency may file.
(a) The agency may
file a lien against the property of a Washington apple health client during the
client's lifetime if:
(i) The client resides
in a skilled nursing facility, intermediate care facility for individuals with
an intellectual disability, or other medical institution under WAC
182-500-0050;
(ii) The agency determines that a client
cannot reasonably be expected to return home because:
(A) The agency receives a physician's
verification that the client will not be able to return home; or
(B) The client has resided for six months or
longer in an institution as defined in WAC
182-500-0050; and
(iii) None of the following people
lawfully reside in the client's home:
(A) The
client's spouse or state-registered domestic partner;
(B) The client's child who is age twenty or
younger, or is blind or permanently disabled as defined in WAC
182-512-0050; or
(C) A client's sibling who has an equity
interest in the home and who has been residing in the home for at least one
year immediately before the client's admission to the medical
institution.
(b) If the client returns home from the
medical institution, the agency releases the lien.
(2) Amount of the lien.
(a) The agency may file a lien to recoup the
cost of all non-MAGI-based and deemed eligible services under WAC
182-503-0510 it correctly
purchased on the client's behalf, regardless of the client's age on the date of
service.
(b) Services provided
under the medicaid transformation project, defined in WAC
182-500-0070, are excluded when
determining the amount of the lien.
(3) Notice requirement.
(a) Before the agency may file a lien under
this section, it sends notice via first class mail to:
(i) The client's last known
address;
(ii) The client's
authorized representative, if any;
(iii) The address of the property subject to
the lien; and
(iv) Any other person
known to hold title to the property.
(b) The notice states:
(i) The client's name;
(ii) The agency's intent to file a lien
against the client's property;
(iii) The county in which the property is
located; and (iv) How to request an administrative hearing.
(4) Interest assessed on past-due debt.
(a) Interest
on a past-due debt accrues at a rate of one percent per month under
RCW
43.17.240.
(b) A lien under this section becomes a
past-due debt when the agency has recorded the lien in the county where the
property is located and:
(i) Thirty days have
passed since the property was transferred; or
(ii) Nine months have passed since the lien
was filed.
(c) The
agency may waive interest if reasonable efforts to sell the property have
failed.
(5) Administrative hearing. An administrative hearing under this section is governed by WAC 182-527-2753.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
