Title 43 — Title 43 STATE GOVERNMENT—EXECUTIVE
178 chapters · 3,474 sections in this title.
RCW 43.20B.010 Definitions.
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The definitions in this section apply throughout this chapter:(1) "Department" means the department of social and health services.(2) "Secretary" means the secretary of the department of social and health services.(3) "License" means that exercise of regulatory authority by the s…
RCW 43.20B.020 Fees for services—Department of health and department of social and health services.
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The department of social and health services and the department of health are 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…
RCW 43.20B.030 Overpayments and debts due the department—Time limit—Write-offs and compromises—Waivers.
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(1) Except as otherwise provided by law, including subsection (2) of this section, there will be no collection of overpayments and other debts due the department after the expiration of six years from the date of notice of such overpayment or other debt unless the department has …
RCW 43.20B.040 Chapter does not apply where another party liable—Statement of lien—Form.
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The form of the lien in RCW 43.20B.060 shall be substantially as follows:STATEMENT OF LIENNotice is hereby given that the State of Washington, Department of Social and Health Services, has rendered assistance or provided residential care to . . . . . ., a person who was injured o…
RCW 43.20B.050 Liens—Compromise—Settlement or judgment.
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(1) No settlement made by and between the recipient and tort feasor and/or insurer shall discharge or otherwise compromise the lien created in RCW 43.20B.060 without the express written consent of the secretary. Discretion to compromise such liens rests solely with the secretary …
RCW 43.20B.060 Reimbursement for medical care or residential care—Lien—Subrogation—Delegation of lien and subrogation rights.
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(1) To secure reimbursement of any assistance paid under chapter 74.09 RCW or reimbursement for any residential care provided by the department at a hospital for the mentally ill or habilitative care center for the developmentally disabled, as a result of injuries to or illness o…
RCW 43.20B.070 Torts committed against recipients of state assistance—Duties of attorney representing recipient—Trust account for departmental lien.
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(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 assistance under chapter 74.09 RCW, or residential care provided by the department at a hospit…
RCW 43.20B.080 Recovery for paid medical assistance—Rules—Disclosure of estate recovery costs, terms, and conditions.
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(1) The department shall file liens, seek adjustment, or otherwise effect recovery for medical assistance correctly paid on behalf of an individual consistent with 42 U.S.C. Sec. 1396p. The department shall adopt a rule providing for prior notice and hearing rights to the record …
RCW 43.20B.090 Recovery for paid medical assistance and state-funded long-term care—Legislative intent—Legislative confirmation of effect of 1994 c 21.
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(1) It is the intent of the legislature to ensure that needy individuals have access to basic long-term care without requiring them to sell their homes. In the face of rising medical costs and limited funding for social welfare programs, however, the state's medicaid and state-fu…
RCW 43.20B.095 Establishment and recovery of debts for the department of children, youth, and families.
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The department is authorized to establish and to recover debts for the department of children, youth, and families under this chapter pursuant to a contract between the department of children, youth, and families and the department that is entered into in compliance with the inte…
RCW 43.20B.110 License fees to be charged by secretary—Waiver—Review and comment.
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(1) The secretary shall charge fees to the licensee for obtaining a license. The secretary may waive the fees when, in the discretion of the secretary, the fees would not be in the best interest of public health and safety, or when the fees would be to the financial disadvantage …
RCW 43.20B.120 Funeral assistance—Lien against assets.
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If the department furnishes funeral assistance for deceased recipients under *RCW 74.08.120, the department shall have a lien against those assets left to a surviving spouse or minor children under those conditions defined in *RCW 74.08.120. The lien is valid for six years from t…
RCW 43.20B.310 Residential care payments by families, when not collected.
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No payment may be collected by the department for residential care if the collection will reduce the income as defined in RCW 74.04.005 of the head of household and remaining dependents below one hundred percent of the need standard for temporary assistance for needy families.[ 1…
RCW 43.20B.320 Mental illness—Treatment costs—Criminally insane—Liability.
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Patients hospitalized at state hospitals as criminally insane shall be responsible for payment of hospitalization charges.[ 1987 c 75 s 12; 1959 c 25 s 71.02.380. Prior: 1951 c 139 s 62. Formerly RCW 71.02.380.]Notes:Criminally insane, reimbursement for costs: RCW 10.77.129.
RCW 43.20B.325 Mental illness—Hospitalization charges—How computed.
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Charges for hospitalization of patients in state hospitals are to be based on the actual cost of operating such hospitals for the previous year, taking into consideration the overhead expense of operating the hospital and expense of maintenance and repair, including in both cases…
RCW 43.20B.330 Mental illness—Treatment costs—Liability.
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Any person admitted or committed to a state hospital for the mentally ill, and their estates and responsible relatives are liable for reimbursement to the state of the costs of hospitalization and/or outpatient services, as computed by the secretary, or his designee, in accordanc…
RCW 43.20B.335 Mental illness—Treatment costs—Determination of ability to pay—Standards—Rules and regulations.
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The department is authorized to investigate the financial condition of each person liable under the provisions of RCW 43.20B.355 and 43.20B.325 through 43.20B.350, and is further authorized to make determinations of the ability of each such person to pay hospitalization charges a…
RCW 43.20B.340 Mental illness—Treatment costs—Notice and finding of responsibility—Period—Adjudicative proceedings.
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In any case where determination is made that a person, or the estate of such person, is able to pay all, or any portion of the charges for hospitalization, and/or charges for outpatient services, a notice and finding of responsibility shall be served on such person or the court-a…
RCW 43.20B.345 Mental illness—Treatment costs—Judgment for accrued amounts.
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Whenever any notice and finding of responsibility, or appeal therefrom, shall have become final, the superior court, wherein such person or persons reside or have property either real or personal, shall, upon application of the secretary enter a judgment in the amount of the accr…
RCW 43.20B.347 Mental illness—Treatment costs—Lien against real and personal property.
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Whenever a notice and finding of responsibility, or appeal therefrom, has become final, the department may file a lien against the real and personal property of all persons found financially responsible under RCW 43.20B.330 with the county auditor of the county where the persons …
RCW 43.20B.350 Mental illness—Treatment costs—Modification or vacation of findings of responsibility.
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The secretary, or the secretary's designee, upon application of the person responsible for payment of reimbursement to the state of the costs of hospitalization, and/or the costs of outpatient services, or the legal representative of such person, and, after investigation, or afte…
RCW 43.20B.355 Mental illness—Hospitalization charges—Due date—Collection.
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Hospitalization charges are payable on the tenth day of each calendar month, for services rendered during the preceding month, and the department may make all necessary rules and regulations relative to the billing and collection of such charges.[ 1967 ex.s. c 127 s 2; 1959 c 25 …
RCW 43.20B.360 Mental illness—Hospitalization charges—Collection—Statutes of limitation.
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No statutes of limitations shall run against the state of Washington for hospitalization charges: PROVIDED, HOWEVER, That periods of limitations for the filing of creditors' claims against probate and guardianship estates shall apply against such claims.[ 1959 c 25 s 71.02.360. P…
RCW 43.20B.370 Mental illness—Hospitalization charges—Collection—Prosecuting attorneys to assist.
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The prosecuting attorneys of the various counties shall assist the department in the collection of hospitalization charges.[ 1959 c 25 s 71.02.370. Prior: 1951 c 139 s 64. Formerly RCW 71.02.370.]
RCW 43.20B.410 Residential habilitation centers—Liability for costs of services—Declaration of purpose.
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The purpose of RCW 43.20B.410 through 43.20B.455 is to place financial responsibility for cost of care, support and treatment upon those residents of residential habilitation centers operated under chapter 71A.20 RCW who possess assets over and above the minimal amount required t…
RCW 43.20B.415 State residential schools—Liability for costs of services—Limitation.
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The estates of all mentally or physically deficient persons who have been admitted to the state residential schools listed in *RCW 72.33.030 either by application of their parents or guardian or by commitment of court, or who may hereafter be admitted or committed to such institu…
RCW 43.20B.420 Residential habilitation centers—Determination of costs of services—Establishment of rates—Collection.
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The charges for services as provided in RCW 43.20B.425 shall be based on the rates established for the purpose of receiving federal reimbursement for the same services. For those services for which there is no applicable federal reimbursement-related rate, charges shall be based …
RCW 43.20B.425 Residential habilitation centers—Costs of services—Investigation and determination of ability to pay—Exemptions.
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The department shall investigate and determine the assets of the estates of each resident of a residential habilitation center and the ability of each such estate to pay all, or any portion of, the average monthly charge for care, support and treatment at a residential habilitati…
RCW 43.20B.430 Residential habilitation centers—Costs of services—Initial notice and finding of responsibility—Service—Adjudicative proceeding.
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In all cases where a determination is made that the estate of a resident of a residential habilitation center is able to pay all or any portion of the charges, an initial notice and finding of responsibility shall be served on the guardian of the resident's estate, or if no guard…
RCW 43.20B.435 State residential habilitation centers—Costs of services—Modification or vacation of initial finding of responsibility.
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The secretary, upon application of the guardian of the estate of the resident, and after investigation, or upon investigation without application, may, if satisfied of the financial ability or inability of such person to make payments in accordance with the initial finding of res…
RCW 43.20B.440 Residential habilitation centers—Costs of services—Charges payable in advance.
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The charges for care, support, maintenance and treatment of persons at residential habilitation centers as provided by RCW 43.20B.410 through 43.20B.455 shall be payable in advance on the first day of each and every month to the department.[ 1988 c 176 s 906; 1987 c 75 s 27; 1979…
RCW 43.20B.445 Residential habilitation centers—Costs of services—Reimbursement from property subsequently acquired—Placement outside school—Liability after death of resident.
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The provisions of RCW 43.20B.410 through 43.20B.455 shall not be construed to prohibit or prevent the department of social and health services from obtaining reimbursement from any person liable under RCW 43.20B.410 through 43.20B.455 for payment of the full amount of the accrued…
RCW 43.20B.450 State residential habilitation centers—Costs of services—Liabilities created apply to care, support, and treatment after July 1, 1967.
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The liabilities created by RCW 43.20B.410 through 43.20B.455 shall apply to the care, support and treatment occurring after July 1, 1967.[ 1987 c 75 s 29; 1967 c 141 s 11. Formerly RCW 72.33.695.]Notes:Effective date—1967 c 141: See note following RCW 43.20B.410.
RCW 43.20B.455 Residential habilitation centers—Costs of services—Discretionary allowance in resident's fund.
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Notwithstanding any other provision of RCW 43.20B.410 through 43.20B.455, the secretary may, if in the secretary's discretion any resident of a residential habilitation center can be terminated from receiving services at the habilitation center more rapidly and assimilated into a…
RCW 43.20B.460 Guardianship fees and additional costs for incapacitated clients paying part of costs—Maximum amount—Rules.
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The department of social and health services shall establish by rule the maximum amount of guardianship fees and additional compensation for administrative costs that may be allowed by the court as compensation for a guardian or limited guardian of an incapacitated person who is …
RCW 43.20B.620 Overpayments of assistance—Lien against recipient's property—Recovery methods.
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Overpayments of public assistance or food stamps or food stamp benefits transferred electronically under RCW 74.04.300 shall become a lien against the real and personal property of the recipient from the time of filing by the department with the county auditor of the county in wh…
RCW 43.20B.630 Overpayments of assistance—Procedures—Adjudicative proceeding.
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(1) Any person who owes a debt to the state for an overpayment of public assistance and/or food stamps or food stamp benefits transferred electronically shall be notified of that debt by either personal service or certified mail, return receipt requested. Personal service, return…
RCW 43.20B.635 Overpayments of assistance—Orders to withhold property of debtor—Procedures.
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(1) After service of a notice of debt for an overpayment as provided for in RCW 43.20B.630, stating the debt accrued, the secretary may issue to any person, firm, corporation, association, political subdivision, or department of the state, an order to withhold and deliver propert…
RCW 43.20B.640 Overpayments of assistance—Failure to withhold property of debtor.
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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 43.20B.635, or fails or refuses to deliver property pursuant to the order, or after actual notice of…
RCW 43.20B.645 Overpayments of assistance—Assignment of earnings.
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Any person, firm, corporation, association, political subdivision, or department employing a person owing a debt for overpayment of public assistance received as defined in RCW 74.04.300, shall honor, according to its terms, a duly executed assignment of earnings presented to the…
RCW 43.20B.660 Improper realty transfer—Suit to rescind—Recovery from recipient's estate.
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If an improper real property transfer is made as defined in RCW 74.08.331 through 74.08.338, the department 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 proceeding…
RCW 43.20B.670 Excess property assistance program—Lien—Department as creditor.
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When the department provides grant assistance to persons who possess excess real property under RCW 74.04.005(13)(h), the department may file a lien against, or otherwise perfect its interest in such real property as a condition of granting such assistance, and the department sha…
RCW 43.20B.675 Vendor overpayments—Goods or services provided on or after July 1, 1998—Notice—Adjudicative proceeding—Enforcement—Collection—Rules.
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(1) When the department determines that a vendor was overpaid by the department for either goods or services, or both, provided to department clients, except nursing homes under chapter 74.46 RCW, the department will give written notice to the vendor. The notice will include the …
RCW 43.20B.680 Vendor overpayments—Lien or other security—Setoff or recoupment—Exception.
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(1) The department may, at the secretary'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 some other form of …
RCW 43.20B.685 Vendor overpayments—Liens—Duration—Enforcement.
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Liens created under RCW 43.20B.680 shall 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 department to enforce suc…
RCW 43.20B.688 Limitation on actions to enforce vendor overpayment debts.
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Any action to enforce a vendor overpayment debt shall be commenced within six years from the date of the department's notice to the vendor.[ 1987 c 283 s 15. Formerly RCW 43.20A.440.]Notes:Severability—Savings—1987 c 283: See notes following RCW 43.20A.020.Vendor overpayments: RC…
RCW 43.20B.690 Vendor overpayments—Remedies nonexclusive.
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The remedies under RCW 43.20B.680 and 43.20B.685 are nonexclusive and nothing contained in this chapter may be construed to impair or affect the right of the department to maintain a civil action or to pursue any other remedies available to it under the laws of this state to reco…
RCW 43.20B.695 Vendor overpayments—Interest—Exceptions.
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(1) Except as provided in subsection (4) of this section, vendors shall pay interest on overpayments at the rate of one percent per month or portion thereof. Where partial repayment of an overpayment is made, interest accrues on the remaining balance. Interest will not accrue whe…
RCW 43.20B.710 Medical assistance—Improper transfer or assignment of resources—Penalty—Presumption, rebuttal—Attorney's fees.
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If cash or resources are improperly transferred or assigned under *RCW 74.09.538, a person who knowingly or willingly receives the assets for less than fair market value is liable for a civil penalty equal to the uncompensated value of the cash or resources transferred or assigne…
RCW 43.20B.720 Recipient receiving industrial insurance compensation—Subrogation rights of department—Lien—Withhold and deliver notice.
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(1) To avoid a duplicate payment of benefits, a recipient of public assistance from the department of social and health services is deemed to have subrogated the department to the recipient's right to recover temporary total disability compensation due to the recipient and the re…