RCW 41.05A.005 Purpose—Collaboration with other agencies—Construction. The purpose of this chapter is to provide the health care authority with the powers, duties, and authority with respect to the collection of overpayments and the coordination of benefits that are currently provided to the department of social and health services in chapter 43.20B RCW. Providing the health […]
RCW 41.05A.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise: (1) “Assistance” means all programs administered by the authority. (2) “Authority” means the Washington state health care authority. (3) “Director” means the director of the Washington state health care authority. (4) “Overpayment” means any payment or benefit […]
RCW 41.05A.030 Fees for services—Reimbursement collection. The authority is authorized to charge fees for services provided unless otherwise prohibited by law. The fees may be sufficient to cover the full cost of the service provided if practical or may be charged on an ability-to-pay basis if practical. This section does not supersede other statutory authority […]
RCW 41.05A.040 Time limit for collection of overpayments or other debts—Write-offs of debts. (1) Except as otherwise provided by law, including subsection (2) of this section, there may be no collection of overpayments and other debts due the authority after the expiration of six years from the date of notice of such overpayment or other […]
RCW 41.05A.050 Form of lien. The form of the lien in RCW 41.05A.070 must be substantially as follows: STATEMENT OF LIEN Notice is hereby given that the State of Washington, Health Care Authority, has rendered assistance to . . . . . ., a person who was injured on or about the . . . . day of . . . . . . in the county of […]
RCW 41.05A.060 Authorization to discharge or compromise lien. (1) No settlement made by and between a recipient and either the tort feasor or insurer, or both, discharges or otherwise compromises the lien created in RCW 41.05A.070 without the express written consent of the director or the director’s designee. Discretion to compromise such liens rests solely […]
RCW 41.05A.070 Filing of lien. (1) To secure reimbursement of any assistance paid as a result of injuries to or illness of a recipient caused by the negligence or wrong of another, the authority is subrogated to the recipient’s rights against a tort feasor or the tort feasor’s insurer, or both. (2) The authority has […]
RCW 41.05A.080 Attorney representing recipient—Duties. (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 receiving, or has applied to receive shall: (a) Notify the authority at the time of filing any claim against a third party, commencing an action […]
RCW 41.05A.090 Recovery for assistance by authority—Federal law—Foreclosure—Recipient’s death. (1) The authority shall file liens, seek adjustment, or otherwise effect recovery for assistance correctly paid on behalf of an individual consistent with 42 U.S.C. Sec. 1396p. The authority shall adopt a rule providing for prior notice and hearing rights to the record title holder or […]
RCW 41.05A.100 Lien against real and personal property—Lien priority—Recovery by deduction or withholding of payments—Civil action. (1) Overpayments of assistance become a lien against the real and personal property of the recipient from the time of filing by the authority with the county auditor of the county in which the recipient resides or owns property, […]
RCW 41.05A.110 Notice of overpayment of assistance. (1) Any person who owes a debt to the state for an overpayment of assistance must be notified of that debt by either personal service or certified mail, return receipt requested. Personal service, return of the requested receipt, or refusal by the debtor of such notice is proof […]
RCW 41.05A.120 Order to withhold and deliver. (1) After service of a notice of debt for an overpayment as provided for in RCW 41.05A.110, stating the debt accrued, the director may issue to any person, firm, corporation, association, political subdivision, or department of the state an order to withhold and deliver property of any kind […]
RCW 41.05A.130 Liability for failure to answer or comply with order to withhold and deliver or other violation. 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 prescribed in RCW 41.05A.120, or fails or refuses to deliver property pursuant […]
RCW 41.05A.140 Employer required to honor assignment of earnings. Any person, firm, corporation, association, political subdivision, or department employing a person owing a debt for overpayment of assistance received shall honor, according to its terms, a duly executed assignment of earnings presented to the employer by the director as a plan to satisfy or retire […]
RCW 41.05A.150 Improper real property transfers. If an improper real property transfer is made as defined in RCW 74.08.331 through 74.08.338, the authority may request the attorney general to file suit to rescind the transaction except as to subsequent bona fide purchasers for value. If it is established by judicial proceedings that a fraudulent conveyance […]
RCW 41.05A.160 Lien against real property. When the authority provides assistance to persons who possess excess real property under *RCW 74.04.005(11)(g), the authority may file a lien against or otherwise perfect its interest in such real property as a condition of granting such assistance, and the authority has the status of a secured creditor. [ […]
RCW 41.05A.170 Overpayment to vendor. (1) When the authority determines that a vendor was overpaid by the authority for either goods or services, or both, provided to authority clients, except nursing homes under chapter 74.46 RCW, the authority shall give written notice to the vendor. The notice must include the amount of the overpayment, the […]
RCW 41.05A.180 Lien against real property of vendor or other form of security. (1) The authority may, at the director’s discretion, secure the repayment of any outstanding overpayment, plus interest, if any, through the filing of a lien against the vendor’s real property, or by requiring the posting of a bond, assignment of deposit, or […]
RCW 41.05A.190 Time periods for liens against vendors. Liens created under RCW 41.05A.180 bind the affected property for a period of ten years after the lien has been recorded or ten years after the resolution of all good faith disputes as to the overpayment, whichever is later. Any civil action by the authority to enforce […]
RCW 41.05A.200 Time limit for action to enforce vendor overpayment debt. Any action to enforce a vendor overpayment debt must be commenced within six years from the date of the authority’s notice to the vendor. [ 2011 1st sp.s. c 15 § 107.] NOTES: Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st […]
