Washington Administrative Code › Title 182 - Health Care Authority › WASHINGTON APPLE HEALTH › Chapter 182-527 - Estate recovery and pre death liens › Section 182-527-2730 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter:
"Contract health service delivery area (CHSDA)"
means the geographic area within which contract health services will be made
				  available by the Indian health service to members of an identified Indian
				  community who reside in the area as identified in 42 C.F.R. Secs. 136.21(d) and
				  136.22.
"Estate"
means all property and any other assets
				  that pass upon the client's death under the client's will or by intestate
				  succession under
				  chapter
				  11.04 or
				  11.62 RCW. The value of the estate
				  will be reduced by any valid liability against the client's property when the
				  client died. An estate also includes:
(1) For a client who died after June 30, 1995, and before
				  July 27, 1997, nonprobate assets as defined by
				  RCW
				  11.02.005, except property passing through a
				  community property agreement; or
(2) For a client who died after July 26, 1997, and before
				  September 14, 2006, nonprobate assets as defined by
				  RCW
				  11.02.005.
(3) For a client who died on or after September 14, 2006,
				  nonprobate assets as defined by
				  RCW
				  11.02.005 and any life estate interest held
				  by the client immediately before death.
"Heir"
means a person entitled to inherit a
				  deceased client's property under a valid will accepted by the court, or a
				  person entitled to inherit under the Washington state intestacy statute,
				  RCW
				  11.04.015.
"Life estate"
means an ownership interest in a
				  property only during the lifetime of the person owning the life estate.
"Lis pendens"
means a notice filed in public
				  records warning that title to certain real property is in litigation and the
				  outcome of the litigation may affect the title.
"Long-term care services (LTC)"
means, for the
				  purposes of this chapter only, the services administered directly or through
				  contract by the department of social and health services (DSHS) for clients of
				  the home and community services division of DSHS and the developmental
				  disabilities administration of DSHS including, but not limited to, nursing
				  facility care and home and community services.
"Property"
means everything a person owns,
				  whether in whole or in part.
(1)
"Personal property"
means any movable or
				  intangible thing a person owns, whether in whole or in part;
(2)
"Real property"
means land and anything
				  growing on, attached to, or built on it, excluding anything that may be removed
				  without injury to the land;
(3)
"Trust property"
means any type of property
				  held in trust for the benefit of another.
"Qualified long-term care insurance partnership"
means an agreement between the Centers for Medicare and Medicaid services (CMS)
				  and the Washington state insurance commission which allows for the disregard of
				  any assets or resources in an amount equal to the insurance benefit payments
				  that are made to or on behalf of a person who is a beneficiary under a
				  long-term care insurance policy that has been determined by the Washington
				  state insurance commission to meet the requirements of section
				  1917(b)(1)(C)(iii) of the act.
"Recover"
or
"recovery"
means the
				  agency or the agency's designee's receipt of funds to satisfy the client's
				  debt.
Statutory
				  Authority:
				  RCW
				  41.05.021. WSR 13-19-038, §
										182-527-2730, filed 9/11/13,
				  effective 10/12/13. WSR 12-19-070, recodified as §
										182-527-2730, filed 9/17/12,
				  effective 10/1/12. Statutory Authority:
				  RCW
				  74.08.090 and 2008 Medicare Improvements for
				  Patient and Providers Act (which amended Section 1917(b)(1)(B)(ii) of the
				  Social Security Act); Deficit Reduction Act of 2005 (incorporating language
				  regarding LTC partnership agreements). WSR 10-08-110, § 388-527-2730,
				  filed 4/7/10, effective 5/8/10. Statutory Authority:
				  RCW
				  74.04.050,
				  74.04.057,
				  74.08.090, and
				  chapter
				  26.60 RCW. WSR 09-07-038,
				  § 388-527-2730, filed 3/10/09, effective 4/10/09. Statutory Authority:
				  2005 c 292,
				  RCW
				  43.20B.080,
				  74.39A.170, 42 U.S.C. Section
				  1396p. WSR 06-17-075, § 388-527-2730, filed 8/14/06, effective 9/14/06.
				  Statutory Authority:
				  RCW
				  43.17.240, 43.20B.80 [43.20B.080], 74.08.090,
				  74.34.090, Section 1917(b) of the Social Security Act and 2001 2nd sp.s. c 7,
				  Part II. WSR 04-10-060, § 388-527-2730, filed 4/30/04, effective 6/1/04.
				  Statutory Authority:
				  RCW
				  43.20B.080,
				  74.08.090 and 74.34.010. WSR
				  99-11-076, § 388-527-2730, filed 5/18/99, effective 6/18/99. Statutory
				  Authority: 1995 1st sp.s. c 18 and
				  RCW
				  74.08.090. WSR 95-19-001 and 95-24-037
				  (Orders 3893 and 3893A), § 388-527-2730, filed 9/6/95 and 11/29/95,
				  effective 10/7/95 and 12/30/95. WSR 13-18-003, §
										182-527-2730, filed 8/21/2013,
				  effective 9/21/2013