WAC 182-527-2790

Effective October 1, 2012

WAC 182-527-2790 Filing liens

  1. The department may file liens to recover the cost of medical assistance or state-only funded long-term care services, or both, correctly paid on behalf of a client consistent with 42 U.S.C. 1396p and chapters 43.20B RCW and 388-527 WAC
  2. Prior to the department filing a lien under this section, the department sends a notice via first class mail to:
    1. The address of the property and other assets subject to the lien;
    2. The probate estate's personal representative, if any;
    3. Any other person known to have title to the affected property and/or to the decedent's heir(s) as defined by WAC 388-527-2730; and
    4. The decedent's last known address or the address listed on the title, if any.
  3. The notice in subsection (2) of this section includes:
    1. The decedent's name, identification number, date of birth, and date of death;
    2. The amount of medical assistance or state-only funded long-term care services, or both, correctly paid on behalf of the deceased client that the department seeks to recover;
    3. The department's intent to file a lien against the deceased client's property and other assets to recover the amount of medical assistance or state-only funded long-term care services, or both, correctly paid on behalf of the deceased client;
    4. The county in which the property and other assets are located; and
    5. The procedures to contest the department's decision to file a lien by applying for an administrative hearing.
  4. An administrative hearing only determines:
    1. Whether the medical assistance or state-only funded long-term care services, or both, correctly paid on behalf of the decedent alleged by the department's notice is correct;
    2. Whether the decedent had legal title to the property; and
    3. Whether a lien is allowed under the provisions of Title 42 USC Section 1396p (a) and (b).
  5. A request for an administrative hearing must:
    1. Be in writing;
    2. State the basis for contesting the lien;
    3. Be signed by the requester and must include the requester's address and telephone number; and
    4. Be served to the office of financial recovery (OFR) as described in WAC 388-527-2870, within twenty-eight calendar days of the date the department mailed the notice.
  6. Upon receiving a request for an administrative hearing, the department notifies persons known to have title to the property and other assets of the time and place of the administrative hearing.
  7. Disputed assets must not be distributed while in litigation.
  8. An administrative hearing under this section is governed by chapters 34.05 RCW and 388-02 WAC and this section. If a provision in this section conflicts with a provision in chapter 388-02 WAC, the provision in this section governs.
  9. If an administrative hearing is conducted in accordance with this regulation, and the final agency decision is issued, the department only files a lien against the decedent's property and other assets only if upheld by the final agency decision.
  10. If no known title holder requests an administrative hearing, the department files a lien twenty-eight calendar days after the date the department mailed the notice described in subsection (2) of this section.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.