reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.020 - Fees for services—Department of health and department of social and health services.

RCW 43.20B.020
Fees for services—Department of health and department of social and health services.
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-to-pay basis if practical. This section does not supersede other statutory authority enabling the assessment of fees by the departments. Whenever the department of social and health services is authorized by law to collect total or partial reimbursement for the cost of its providing care of or exercising custody over any person, the department shall collect the reimbursement to the extent practical.
[ 1991 c 3 § 295; 1981 1st ex.s. c 6 § 25. Formerly RCW 43.20A.670.]
NOTES:
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.030 - Overpayments and debts due the department—Time limit—Write-offs and compromises—Waivers.

RCW 43.20B.030
Overpayments and debts due the department—Time limit—Write-offs and compromises—Waivers.
(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 commenced recovery action in a court of law or unless an administrative remedy authorized by statute is in place. However, any amount due in a case thus extended shall cease to be a debt due the department at the expiration of ten years from the date of the notice of the overpayment or other debt unless a court-ordered remedy would be in effect for a longer period.
(2) There will be no collection of debts due the department after the expiration of twenty years from the date a lien is recorded pursuant to RCW 43.20B.080.
(3) The department, at any time, may accept offers of compromise of disputed claims or may grant partial or total write-off of any debt due the department if it is no longer cost-effective to pursue. The department shall adopt rules establishing the considerations to be made in the granting or denial of a partial or total write-off of debts.
(4) Notwithstanding the requirements of RCW 43.20B.630, 43.20B.635, 43.20B.640, and 43.20B.645, the department may waive all efforts to collect overpayments from a client when the department determines that the elements of equitable estoppel as set forth in WAC 388-02-0495, as it existed on January 1, 2012, are met.
[ 2012 c 258 § 1; 2005 c 292 § 5; 2003 c 207 § 1; 1997 c 130 § 5; 1989 c 78 § 4; 1987 c 283 § 6; 1979 c 141 § 308; 1965 ex.s. c 91 § 2. Formerly RCW 74.04.306.]
NOTES:
Conflict with federal requirements—2012 c 258: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 2012 c 258 § 2.]
Severability—Savings—1987 c 283: See notes following RCW 43.20A.020.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.040 - Chapter does not apply where another party liable—Statement of lien—Form.

RCW 43.20B.040
Chapter does not apply where another party liable—Statement of lien—Form.
The form of the lien in RCW 43.20B.060 shall be substantially as follows:
STATEMENT OF LIEN
Notice 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 on or about the . . . . day of . . . . . . in the county of . . . . . . state of . . . . . ., and the said department hereby asserts a lien, to the extent provided in RCW 43.20B.060, for the amount of such assistance or residential care, upon any sum due and owing . . . . . . (name of injured person) from . . . . . ., alleged to have caused the injury, and/or his or her insurer and from any other person or insurer liable for the injury or obligated to compensate the injured person on account of such injuries by contract or otherwise.
STATE OF WASHINGTON, DEPARTMENT
OF SOCIAL AND HEALTH SERVICES
By: . . . . (Title)
STATE OF WASHINGTON
COUNTY OF





ss.
I, . . . . . ., being first duly sworn, on oath state: That I am . . . . . . (title); that I have read the foregoing Statement of Lien, know the contents thereof, and believe the same to be true.
. . . .
Signed and sworn to or affirmed before me this . . . . day of . . . . . ., (year) . . . .
by . . . .
(name of person making statement).
(Seal or stamp)
. . . .
Notary Public in and for the State
of Washington
My appointment expires: . . . .
[ 2016 c 202 § 33; 1990 c 100 § 3; 1979 c 141 § 341; 1969 ex.s. c 173 § 9. Formerly RCW 74.09.182.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.050 - Liens—Compromise—Settlement or judgment.

RCW 43.20B.050
Liens—Compromise—Settlement or judgment.
(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 or the secretary's designee.
(2) No settlement or judgment shall be entered purporting to compromise the lien created by RCW 43.20B.060 without the express written consent of the secretary or the secretary's designee.
[ 1990 c 100 § 4; 1969 ex.s. c 173 § 12. Formerly RCW 74.09.186.]
NOTES:
Application—1990 c 100 §§ 2, 4, 7(1), 8(2): See note following RCW 43.20B.060.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.070 - Torts committed against recipients of state assistance—Duties of attorney representing recipient—Trust account for departmental lien.

RCW 43.20B.070
Torts committed against recipients of state assistance—Duties of attorney representing recipient—Trust account for departmental lien.
(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 hospital for the mentally ill or habilitative care center for the developmentally disabled, shall:
(a) Notify the department at the time of filing any claim against a third party, commencing an action at law, negotiating a settlement, or accepting a settlement offer from the tort feasor or the tort feasor's insurer, or both; and
(b) Give the department thirty days' notice before any judgment, award, or settlement may be satisfied in any action or any claim by the applicant or recipient to recover damages for such injuries or illness.
(2) The proceeds from any recovery made pursuant to any action or claim described in RCW 43.20B.060 that is necessary to fully satisfy the department's lien against recovery shall be placed in a trust account or in the registry of the court until the department's lien is satisfied.
[ 1999 c 55 § 1; 1990 c 100 § 8.]
NOTES:
Application—1990 c 100 §§ 2, 4, 7(1), 8(2): See note following RCW 43.20B.060.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.090 - Recovery for paid medical assistance and state-funded long-term care—Legislative intent—Legislative confirmation of effect of 1994 c 21.

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.
(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-funded long-term care programs have placed an increasing financial burden on the state. By balancing the interests of individuals with immediate and future unmet medical care needs, surviving spouses and dependent children, adult nondependent children, more distant heirs, and the state, the estate recovery provisions of RCW 43.20B.080 and 74.39A.170 provide an equitable and reasonable method of easing the state's financial burden while ensuring the continued viability of the medicaid and state-funded long-term care programs.
(2) It is further the intent of the legislature to confirm that chapter 21, Laws of 1994, effective July 1, 1994, repealed and substantially reenacted the state's medicaid estate recovery laws and did not eliminate the department's authority to recover the cost of medical assistance paid prior to October 1, 1993, from the estates of deceased recipients regardless of whether they received benefits before, on, or after July 1, 1994.
[ 1997 c 392 § 301.]
NOTES:
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.110 - License fees to be charged by secretary—Waiver—Review and comment.

RCW 43.20B.110
License fees to be charged by secretary—Waiver—Review and comment.
(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 of the state.
(2) Fees charged shall be based on, but shall not exceed, the cost to the department for the licensure of the activity or class of activities and may include costs of necessary inspection.
(3) Department of social and health services advisory committees may review fees established by the secretary for licenses and comment upon the appropriateness of the level of such fees.
(4) Fees associated with the licensing or regulation of health professions or health facilities administered by the department of health, shall be in accordance with RCW 43.70.110 and 43.70.250.
[ 1991 c 3 § 296; 1989 1st ex.s. c 9 § 216; 1987 c 75 § 6; 1982 c 201 § 2. Formerly RCW 43.20A.055.]
NOTES:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.120 - Funeral assistance—Lien against assets.

RCW 43.20B.120
Funeral assistance—Lien against assets.
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 the date of filing with the county auditor and has preference over the claims of all unsecured creditors. If the assets remain exempt or if no probate is commenced, the lien automatically terminates without further action six years after filing.
[ 1987 c 75 § 45.]
NOTES:
*Reviser's note: RCW 74.08.120 was repealed by 1997 c 58 § 1002.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.310 - Residential care payments by families, when not collected.

RCW 43.20B.310
Residential care payments by families, when not collected.
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.
[ 1997 c 59 § 6; 1983 1st ex.s. c 41 § 34. Formerly RCW 74.04.780.]
NOTES:
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.320 - Mental illness—Treatment costs—Criminally insane—Liability.

RCW 43.20B.320
Mental illness—Treatment costs—Criminally insane—Liability.
Patients hospitalized at state hospitals as criminally insane shall be responsible for payment of hospitalization charges.
[ 1987 c 75 § 12; 1959 c 25 § 71.02.380. Prior: 1951 c 139 § 62. Formerly RCW 71.02.380.]
NOTES:
Criminally insane, reimbursement for costs: RCW 10.77.250.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.325 - Mental illness—Hospitalization charges—How computed.

RCW 43.20B.325
Mental illness—Hospitalization charges—How computed.
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 all salaries of supervision and management as well as material and equipment actually used or expended in operation as computed by the department: PROVIDED, That a schedule of differing hospitalization charges may be computed, including a schedule of charges for outpatient services, considering the costs of care, treatment and maintenance in accordance with the classification of mental illness, type and intensity of treatment rendered, which may vary among and within the several state hospitals. Costs of transportation shall be computed by the department.
[ 1967 ex.s. c 127 § 1; 1959 c 25 § 71.02.410. Prior: 1951 c 139 § 52. Formerly RCW 71.02.410.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.330 - Mental illness—Treatment costs—Liability.

RCW 43.20B.330
Mental illness—Treatment costs—Liability.
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 accordance with RCW 43.20B.325: PROVIDED, That such mentally ill person, and his or her estate, and the husband or wife of such mentally ill person and their estate shall be primarily responsible for reimbursement to the state for the costs of hospitalization and/or outpatient services; and, the parents of such mentally ill person and their estates, until such person has attained the age of eighteen years, shall be secondarily liable.
[ 1987 c 75 § 13; 1971 ex.s. c 292 § 64; 1967 ex.s. c 127 § 4. Formerly RCW 71.02.411.]
NOTES:
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.340 - Mental illness—Treatment costs—Notice and finding of responsibility—Period—Adjudicative proceedings.

RCW 43.20B.340
Mental illness—Treatment costs—Notice and finding of responsibility—Period—Adjudicative proceedings.
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-appointed personal representative of such person. The notice shall set forth the amount the department has determined that such person, or his or her estate, is able to pay not to exceed the costs of hospitalization, and/or costs of outpatient services, as fixed in accordance with the provisions of RCW 43.20B.325, or as otherwise limited by the provisions of RCW 43.20B.355 and 43.20B.325 through 43.20B.350. The responsibility for the payment to the department shall commence twenty-eight days after service of such notice and finding of responsibility which finding of responsibility shall cover the period from the date of admission of such mentally ill person to a state hospital, and for the costs of hospitalization, and/or the costs of outpatient services, accruing thereafter. The notice and finding of responsibility shall be served upon all persons found financially responsible in the manner prescribed for the service of summons in a civil action or may be served by certified mail, return receipt requested. The return receipt signed by addressee only is prima facie evidence of service. An application for an adjudicative proceeding may be filed with the secretary, or the secretary's designee within twenty-eight days from the date of service of such notice and finding of responsibility. The application must be written and served on the secretary by registered or certified mail, or by personal service. If no application is filed, the notice and finding of responsibility shall become final. If an application is filed, the execution of notice and finding of responsibility shall be stayed pending the final adjudicative order. The hearing shall be conducted in a local department office or other location in Washington convenient to the appellant. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW.
[ 1989 c 175 § 98; 1987 c 75 § 15; 1985 c 245 § 3; 1981 c 67 § 33; 1971 c 81 § 133; 1969 ex.s. c 268 § 1; 1967 ex.s. c 127 § 6. Formerly RCW 71.02.413.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—1985 c 245 §§ 3 and 6: "Sections 3 and 6 of this act shall not have the effect of terminating or in any way modifying any liability, civil or criminal, that is already in existence on May 10, 1985." [ 1985 c 245 § 11.]
Effective dates—Severability—1981 c 67: See notes following RCW 34.12.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.345 - Mental illness—Treatment costs—Judgment for accrued amounts.

RCW 43.20B.345
Mental illness—Treatment costs—Judgment for accrued amounts.
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 accrued monthly charges for the costs of hospitalization, and/or the costs of outpatient services, and such judgment shall have and be given the same effect as if entered pursuant to civil action instituted in said court; except, such judgment shall not be the subject of collection by the department unless and until any outstanding judgment for a victim referenced in RCW 43.20B.335 has been fully satisfied.
[ 1996 c 125 § 3; 1987 c 75 § 16; 1979 c 141 § 127; 1967 ex.s. c 127 § 7. Formerly RCW 71.02.414.]
NOTES:
Findings—Purpose—1996 c 125: See note following RCW 43.20B.335.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.347 - Mental illness—Treatment costs—Lien against real and personal property.

RCW 43.20B.347
Mental illness—Treatment costs—Lien against real and personal property.
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 reside or own property.
[ 1993 c 272 § 1.]
NOTES:
Savings—1993 c 272: "This act does not have the effect of terminating or in any way modifying any liability, civil or criminal, that is already in existence on the effective date of this act." [ 1993 c 272 § 6.]
Severability—1993 c 272: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 272 § 7.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.350 - Mental illness—Treatment costs—Modification or vacation of findings of responsibility.

RCW 43.20B.350
Mental illness—Treatment costs—Modification or vacation of findings of responsibility.
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 after investigation without application, the secretary, or the secretary's designee, if satisfied of the financial ability or inability of such person to reimburse the state in accordance with the original finding of responsibility, may, modify or vacate such original finding of responsibility and enter a new finding of responsibility. The determination to modify or vacate findings of responsibility shall be served and be appealable in the same manner and in accordance with the same procedures for appeals of original findings of responsibility.
[ 1987 c 75 § 17; 1967 ex.s. c 127 § 8. Formerly RCW 71.02.415.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.355 - Mental illness—Hospitalization charges—Due date—Collection.

RCW 43.20B.355
Mental illness—Hospitalization charges—Due date—Collection.
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 § 2; 1959 c 25 § 71.02.320. Prior: 1951 c 139 § 56. Formerly RCW 71.02.320.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.360 - Mental illness—Hospitalization charges—Collection—Statutes of limitation.

RCW 43.20B.360
Mental illness—Hospitalization charges—Collection—Statutes of limitation.
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 § 71.02.360. Prior: 1951 c 139 § 61. Formerly RCW 71.02.360.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.370 - Mental illness—Hospitalization charges—Collection—Prosecuting attorneys to assist.

RCW 43.20B.370
Mental illness—Hospitalization charges—Collection—Prosecuting attorneys to assist.
The prosecuting attorneys of the various counties shall assist the department in the collection of hospitalization charges.
[ 1959 c 25 § 71.02.370. Prior: 1951 c 139 § 64. Formerly RCW 71.02.370.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.410 - Residential habilitation centers—Liability for costs of services—Declaration of purpose.

RCW 43.20B.410
Residential habilitation centers—Liability for costs of services—Declaration of purpose.
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 to be retained for personal use; to provide procedures for establishing such liability and the monthly rate thereof, and the process for appeal therefrom to the secretary of social and health services and the courts by any person deemed aggrieved thereby.
[ 1988 c 176 § 902; 1987 c 75 § 23; 1979 c 141 § 237; 1967 c 141 § 1. Formerly RCW 72.33.650.]
NOTES:
Effective date—1967 c 141: "This 1967 amendatory act shall become effective July 1, 1967." [ 1967 c 141 § 13.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.415 - State residential schools—Liability for costs of services—Limitation.

RCW 43.20B.415
State residential schools—Liability for costs of services—Limitation.
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 institutions, shall be liable for their per capita costs of care, support and treatment: PROVIDED, That the estate funds may not be reduced as a result of such liability below an amount as set forth in *RCW 72.33.180.
[ 1971 ex.s. c 118 § 2; 1967 c 141 § 2. Formerly RCW 72.33.655.]
NOTES:
*Reviser's note: RCW 72.33.030 and 72.33.180 were repealed by 1988 c 176 § 1007. See Title 71A RCW. The term "residential schools" was changed to "residential habilitation centers" by 1988 c 176.
Effective date—1967 c 141: See note following RCW 43.20B.410.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.420 - Residential habilitation centers—Determination of costs of services—Establishment of rates—Collection.

RCW 43.20B.420
Residential habilitation centers—Determination of costs of services—Establishment of rates—Collection.
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 on the average per capita costs, adjusted for inflation, of operating each of the residential habilitation centers for the previous reporting year taking into consideration all expenses of institutional operation, maintenance and repair, salaries and wages, equipment and supplies: PROVIDED, That all expenses directly related to the cost of education for persons under the age of twenty-two years shall be excluded from the computation of the average per capita cost. The department shall establish rates on a per capita basis and promulgate those rates or the methodology used in computing costs and establishing rates as rules of the department in accordance with chapter 34.05 RCW. The department shall be charged with the duty of collection of charges incurred under RCW 43.20B.410 through 43.20B.455, which may be enforced by civil action instituted by the attorney general within or without the state.
[ 1988 c 176 § 903; 1987 c 75 § 24; 1984 c 200 § 1; 1979 c 141 § 238; 1967 c 141 § 3. Formerly RCW 72.33.660.]
NOTES:
Effective date—1967 c 141: See note following RCW 43.20B.410.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.425 - Residential habilitation centers—Costs of services—Investigation and determination of ability to pay—Exemptions.

RCW 43.20B.425
Residential habilitation centers—Costs of services—Investigation and determination of ability to pay—Exemptions.
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 habilitation center as determined by the procedure set forth in RCW 43.20B.420: PROVIDED, That the sum as set forth in RCW 71A.20.100 shall be retained by the estate of the resident at all times for such personal needs as may arise: PROVIDED FURTHER, That where any person other than a resident or the guardian of the resident's estate deposits funds so that the depositor and a resident become joint tenants with the right of survivorship, such funds shall not be considered part of the resident's estate so long as the resident is not the sole survivor among such joint tenants.
[ 1988 c 176 § 904; 1987 c 75 § 25; 1971 ex.s. c 118 § 3; 1967 c 141 § 4. Formerly RCW 72.33.665.]
NOTES:
Effective date—1967 c 141: See note following RCW 43.20B.410.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.430 - Residential habilitation centers—Costs of services—Initial notice and finding of responsibility—Service—Adjudicative proceeding.

RCW 43.20B.430
Residential habilitation centers—Costs of services—Initial notice and finding of responsibility—Service—Adjudicative proceeding.
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 guardian has been appointed then to the resident, the resident's spouse, or other person acting in a representative capacity and having property in his or her possession belonging to a resident. The initial notice shall set forth the amount the department has determined that such estate is able to pay, not to exceed the charge as fixed in accordance with RCW 43.20B.420, and the responsibility for payment to the department shall commence twenty-eight days after service of such notice and finding of responsibility. Service of the initial notice shall be in the manner prescribed for the service of a summons in a civil action or may be served by certified mail, return receipt requested. The return receipt signed by addressee only is prima facie evidence of service. An application for an adjudicative proceeding from the determination of responsibility may be made to the secretary by the guardian of the resident's estate, or if no guardian has been appointed then by the resident, the resident's spouse, or other person acting in a representative capacity and having property in his or her possession belonging to a resident of a state school, within such twenty-eight day period. The application must be written and served on the secretary by registered or certified mail, or by personal service. If no application is filed, the notice and finding of responsibility shall become final. If an application is filed, the execution of notice and finding of responsibility shall be stayed pending the final adjudicative order. The hearing shall be conducted in a local department office or other location in Washington convenient to the appellant. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW.
[ 2017 c 269 § 3; 1989 c 175 § 99; 1988 c 176 § 905; 1987 c 75 § 26; 1985 c 245 § 6; 1982 c 189 § 7; 1979 c 141 § 239; 1970 ex.s. c 75 § 1; 1967 c 141 § 5. Formerly RCW 72.33.670.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—1985 c 245: See note following RCW 43.20B.340.
Effective date—1982 c 189: See note following RCW 34.12.020.
Effective date—1967 c 141: See note following RCW 43.20B.410.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.435 - State residential habilitation centers—Costs of services—Modification or vacation of initial finding of responsibility.

RCW 43.20B.435
State residential habilitation centers—Costs of services—Modification or vacation of initial finding of responsibility.
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 responsibility as provided for in RCW 43.20B.430, modify or vacate such initial finding of responsibility, and enter a new finding of responsibility. The secretary's determination to modify or vacate findings of responsibility shall be served by regular mail. A new finding of responsibility shall be appealable in the same manner and in accordance with the same procedure for appeals of initial findings of responsibility.
[ 2017 c 269 § 4; 1979 c 141 § 240; 1967 c 141 § 7. Formerly RCW 72.33.680.]
NOTES:
Effective date—1967 c 141: See note following RCW 43.20B.410.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.440 - Residential habilitation centers—Costs of services—Charges payable in advance.

RCW 43.20B.440
Residential habilitation centers—Costs of services—Charges payable in advance.
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 § 906; 1987 c 75 § 27; 1979 c 141 § 241; 1967 c 141 § 8. Formerly RCW 72.33.685.]
NOTES:
Effective date—1967 c 141: See note following RCW 43.20B.410.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.445 - Residential habilitation centers—Costs of services—Reimbursement from property subsequently acquired—Placement outside school—Liability after death of resident.

RCW 43.20B.445
Residential habilitation centers—Costs of services—Reimbursement from property subsequently acquired—Placement outside school—Liability after death of resident.
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 per capita cost from any property acquired by gift, devise or bequest subsequent to and regardless of the initial findings of responsibility under RCW 43.20B.430: PROVIDED, That the estate of any resident of a residential habilitation center shall not be liable for such reimbursement subsequent to termination of services for that resident at the residential habilitation center: PROVIDED FURTHER, That upon the death of any person while a resident in a residential habilitation center, the person's estate shall become liable to the same extent as the resident's liability on the date of death.
[ 1988 c 176 § 907; 1987 c 75 § 28; 1979 c 141 § 242; 1967 c 141 § 9. Formerly RCW 72.33.690.]
NOTES:
Effective date—1967 c 141: See note following RCW 43.20B.410.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.450 - State residential habilitation centers—Costs of services—Liabilities created apply to care, support, and treatment after July 1, 1967.

RCW 43.20B.450
State residential habilitation centers—Costs of services—Liabilities created apply to care, support, and treatment after July 1, 1967.
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 § 29; 1967 c 141 § 11. Formerly RCW 72.33.695.]
NOTES:
Effective date—1967 c 141: See note following RCW 43.20B.410.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.455 - Residential habilitation centers—Costs of services—Discretionary allowance in resident's fund.

RCW 43.20B.455
Residential habilitation centers—Costs of services—Discretionary allowance in resident's fund.
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 community, keep an amount not exceeding five thousand dollars in the resident's fund for such resident and such resident shall not thereafter be liable thereon for per capita costs of care, support and treatment as provided for in RCW 43.20B.415.
[ 1988 c 176 § 908; 1987 c 75 § 30; 1979 c 141 § 243; 1967 c 141 § 12. Formerly RCW 72.33.700.]
NOTES:
Effective date—1967 c 141: See note following RCW 43.20B.410.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.460 - Guardianship fees and additional costs for incapacitated clients paying part of costs—Maximum amount—Rules.

RCW 43.20B.460
Guardianship fees and additional costs for incapacitated clients paying part of costs—Maximum amount—Rules.
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 a department of social and health services client residing in a nursing facility or in a residential or home setting and is required by the department of social and health services to contribute a portion of their income towards the cost of residential or supportive services.
[ 1994 c 68 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.620 - Overpayments of assistance—Lien against recipient's property—Recovery methods.

RCW 43.20B.620
Overpayments of assistance—Lien against recipient's property—Recovery methods.
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 which the recipient resides or owns property, and the lien claim has preference over the claims of all unsecured creditors.
Debts due the state for overpayments of public assistance or food stamps or food stamp benefits transferred electronically may be recovered by the state by deduction from the subsequent assistance payments to such persons, lien and foreclosure, or order to withhold and deliver, or may be recovered by civil action.
[ 1998 c 79 § 4; 1987 c 75 § 43.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.630 - Overpayments of assistance—Procedures—Adjudicative proceeding.

RCW 43.20B.630
Overpayments of assistance—Procedures—Adjudicative proceeding.
(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 of the requested receipt, or refusal by the debtor of such notice is proof of notice to the debtor of the debt owed. Service of the notice shall be in the manner prescribed for the service of a summons in a civil action. The notice shall include a statement of the debt owed; a statement that the property of the debtor will be subject to collection action after the debtor terminates from public assistance and/or food stamps or benefits; a statement that the property will be subject to lien and foreclosure, distraint, seizure and sale, or order to withhold and deliver; and a statement that the net proceeds will be applied to the satisfaction of the overpayment debt. Action to collect the debt by lien and foreclosure, distraint, seizure and sale, or order to withhold and deliver, is lawful after ninety days from the debtor's termination from public assistance and/or food stamps or benefits or the receipt of the notice of debt, whichever is later. This does not preclude the department from recovering overpayments by deduction from subsequent assistance payments, not exceeding deductions as authorized under federal law with regard to financial assistance programs: PROVIDED, That subject to federal legal requirement, deductions shall not exceed five percent of the grant payment standard if the overpayment resulted from error on the part of the department or error on the part of the recipient without willful or knowing intent of the recipient in obtaining or retaining the overpayment.
(2) A current or former recipient who is aggrieved by a claim that he or she owes a debt for an overpayment of public assistance or food stamps or food stamp benefits transferred electronically has the right to an adjudicative proceeding pursuant to RCW 74.08.080. If no application is filed, the debt will be subject to collection action as authorized under this chapter. If a timely application is filed, the execution of collection action on the debt shall be stayed pending the final adjudicative order or termination of the debtor from public assistance and/or food stamps or food stamp benefits transferred electronically, whichever occurs later.
[ 1998 c 79 § 5; 1989 c 175 § 100; 1982 c 201 § 18; 1981 c 163 § 1. Formerly RCW 74.04.700.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
Overpayments and debts due the state: RCW 74.04.300.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.640 - Overpayments of assistance—Failure to withhold property of debtor.

RCW 43.20B.640
Overpayments of assistance—Failure to withhold property of debtor.
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 filing of a lien as provided for in this chapter, pays over, releases, sells, transfers, or conveys real or personal property subject to such lien to or for the benefit of the debtor or any other person, or fails or refuses to surrender upon demand property distrained under RCW 43.20B.635, or fails or refuses to honor an assignment of wages presented by the secretary, such person, firm, corporation, association, political subdivision, or department of the state is liable to the department in an amount equal to one hundred percent of the value of the debt which is the basis of the lien, order to withhold and deliver, distraint, or assignment of wages, together with costs, interest, and reasonable attorney fees.
[ 1987 c 75 § 38; 1981 c 163 § 3. Formerly RCW 74.04.720.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.645 - Overpayments of assistance—Assignment of earnings.

RCW 43.20B.645
Overpayments of assistance—Assignment of earnings.
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 employer by the secretary as a plan to satisfy or retire an overpayment debt. This requirement to honor the assignment of earnings is applicable whether the earnings are to be paid presently or in the future and continues in force and effect until released in writing by the secretary. Payment of moneys pursuant to an assignment of earnings presented to the employer by the secretary serves as full acquittance under any contract of employment, and the state warrants and represents it shall defend and hold harmless such action taken pursuant to the assignment of earnings. The secretary is released from liability for improper receipt of moneys under assignment of earnings upon return of any moneys so received.
[ 1981 c 163 § 4. Formerly RCW 74.04.730.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.660 - Improper realty transfer—Suit to rescind—Recovery from recipient's estate.

RCW 43.20B.660
Improper realty transfer—Suit to rescind—Recovery from recipient's estate.
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 proceedings that a fraudulent conveyance occurred, the value of any public assistance which has been furnished may be recovered in any proceedings from the recipient or the recipient's estate.
[ 1987 c 75 § 46.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.670 - Excess property assistance program—Lien—Department as creditor.

RCW 43.20B.670
Excess property assistance program—Lien—Department as creditor.
When the department provides grant assistance to persons who possess excess real property under *RCW 74.04.005(10)(f), 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 shall have the status of a secured creditor.
[ 1985 c 245 § 10. Formerly RCW 74.04.007.]
NOTES:
*Reviser's note: RCW 74.04.005 was amended by 1997 c 58 § 309, changing subsection (10)(f) to subsection (10)(g). RCW 74.04.005 was subsequently amended by 2010 1st sp.s. c 8 § 4, changing subsection (10)(g) to subsection (11)(g). RCW 74.04.005 was subsequently alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (11)(g) to subsection (13)(g). RCW 74.04.005 was subsequently amended by 2023 c 418 § 1, changing subsection (13)(g) to subsection (13)(h).