WAC 182-527-2820

Effective October 1, 2012

WAC 182-527-2820 Liens prior to death

  1. Subject to the requirements of 42 USC Section 1396p and the conditions of this section, the department is authorized to file a lien against the property of a medical assistance client prior to his or her death, and to seek adjustment and recovery from the client's estate or sale of the property subject to the lien if:
    1. The client is permanently an inpatient in a nursing facility, intermediate care facility for individuals with mental retardation, or other medical institution as described in WAC 388-500-0005;
    2. The department determines, after notice and opportunity for a hearing, that the client cannot reasonably be expected to be discharged from the medical institution and return home; and
    3. None of the following are lawfully residing, in the client's home:
      1. The client's spouse or domestic partner;
      2. The client's child who at the time of the client's death is twenty years of age or younger, or is blind or permanently and totally disabled as defined in Title 42 USC Section 1382c; or
      3. A sibling of the client (who has an equity interest in such home and who was residing in the client's home for a period of at least one year immediately before the date of the client's admission to the medical institution).
  2. If the client is discharged from the medical facility and returns home, the department dissolves the lien.
  3. 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 client's known address;
    3. Any other person known to have title to the affected property and the client's authorized representative, if any.
  4. The notice in subsection (3) of this section includes:
    1. The client's name, and the date the client began to receive services;
    2. The department's intent to file a lien against the client's property to recover the amount of medical assistance or state-only funded long-term care services, or both correctly paid on behalf of the client;
    3. The county in which the property and other assets are located; and
    4. The procedures to contest the department's decision to file a lien by applying for an administrative hearing.
  5. An administrative hearing only determines:
    1. Whether the medical assistance or state-only funded long-term care services, or both, on behalf of the decedent alleged by the department's notice is correct; and
    2. Whether the decedent had legal title to the identified property.
  6. 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.
  7. Upon receiving a request for an administrative hearing, the department notifies persons known to have title to the property of the time and place of the administrative hearing.
  8. Disputed assets must not be distributed while in litigation.
  9. An administrative hearing under this subsection 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.
  10. 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 client's property and other assets only if upheld by the final agency decision.
  11. 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 (3) 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.