Washington Administrative Code
Title 182 - Health Care Authority
WASHINGTON APPLE HEALTH
Chapter 182-527 - Estate recovery and pre death liens
Section 182-527-2738 - Estate recovery-General right to recover
Universal Citation: WA Admin Code 182-527-2738
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. After a Washington apple health client has died, the medicaid agency may file liens to recover the cost of services subject to recovery that were correctly paid on the client's behalf.
(2) Notice requirement.
(a) Before the agency may file a lien under
this section, it sends notice via first class mail as follows:
(i) If the estate has a personal
representative, the agency sends notification to:
(A) The personal representative;
and
(B) Any known title
holder.
(ii) If the
estate has known heirs but no personal representative, the agency sends
notification to:
(A) Any known heir;
and
(B) Any known title
holder.
(iii) If the
estate has no personal representative and no known heirs, the agency sends
notification to:
(A) The address listed on
the title; and
(B) Any known title
holder.
(b)
The notice states:
(i) The agency's intent to
file a lien against the deceased client's property;
(ii) The amount the agency seeks to
recover;
(iii) The deceased
client's name, identification number, date of birth, and date of
death;
(iv) The county in which the
property is located; and
(v) How to
request an administrative hearing.
(3) The agency may not recover from the client's estate so long as there remains:
(a)
A surviving spouse; or
(b) A
surviving child who:
(i) Is age twenty or
younger; or
(ii) Is blind or
disabled as defined in WAC
182-512-0050.
(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 nine months have passed since the lien was recorded or
a creditor's claim was filed, whichever is sooner.
(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.
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