WAC 182-527-2830 Request for notice of transfer or encumbrance

1. When a client receives medical assistance subject to recovery under this chapter and the client is the holder of record title to real property or the purchaser under a land sale contract, the department files a request for notice of transfer or encumbrance [DSHS 18-664 Notice of Possible Debt] with the county auditor for recording in the deed and mortgage records.
2. The requestor for notice of transfer or encumbrance [DSHS 18-664] complies with the requirements for recording in RCW 36.18.010, and, at a minimum, contains the:
   1. Client's name and case identifier;
   2. Legal description of the real property, including parcel number; and
   3. Mailing address for the department to receive the notice of transfer or encumbrance.
3. The request for notice of transfer or encumbrance [DSHS 18-664] described in subsection (1) of this section does not affect title to real property and is not a lien on, encumbrance of, or other interest in the real property.
4. When filing a request for notice of transfer or encumbrance [DSHS 18-664] with the county auditor, the department gives the opportunity to request an administrative hearing as follows:
   1. Any person known to have title to the property is served with a copy of the notice. The notice states:
      1. The department's intent to recover from the client's estate the amount of medical assistance or state-only funded long-term care services, or both, correctly paid on behalf of the client;
      2. The county in which the property is located; and
      3. The right of the person know to have title in the property to contest the department's decision to file the notice by applying for an administrative hearing with the office of financial recovery (OFR).
   2. An administrative hearing only determines:
      1. Whether the amount of medical assistance or state-only funded long-term care services, or both, correctly paid on behalf of the client alleged by the department's notice is correct; and
      2. Whether the client has legal title to the identified property.
5. A request for an administrative hearing must:
   1. Be in writing;
   2. State the basis for contesting the department's notice;
   3. Be signed by the requester and state the requester's address and telephone number; and
   4. Be served on OFR as described in WAC 388-527-2870, within twenty-eight calendar days of the date the individual received the department's notice.
6. Upon receiving a request for an administrative hearing, the department notifies the persons known to have title to the property of the time and place of the administrative hearing.
7. An administrative hearing under this section is governed by chapters 388-05 RCW and 388-02 WAC, and this section. If a provision of this section conflicts with a provision in chapter 388-02 WAC, the provision of this section governs.
8. A title insurance company or agent that discovers the presence of a request for notice of transfer or encumbrance [DSHS 18-664] when performing a title search on real property must disclose the presence of the request for notice or transfer or encumbrance of real property in any report preliminary to, or commitment to offer, a certificate of title insurance for the real property.
9. If the department has filed a request for notice of transfer or encumbrance [DSHS 18-664], any individual who transfers or encumbers real property must provide the department with a notice of transfer or encumbrance [DSHS 18-663] as described in WAC 388-527-2850.