Revised Code of Washington
Chapter 41.05A - Overpayments of Assistance and Coordination of Benefits.
41.05A.180 - Lien against real property of vendor or other form of security.

RCW 41.05A.180
Lien against real property of vendor or other form of security.

(1) The authority may, at the director'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 security acceptable to the authority, or by doing both.
(a) Any lien is effective from the date of filing for record with the county auditor of the county in which the property is located and the lien claim has preference over the claims of all unsecured creditors.
(b) The authority shall review and determine the acceptability of all other forms of security.
(c) Any bond must be issued by a company licensed as a surety in the state of Washington.
(d) This subsection does not apply to nursing homes licensed under chapter 18.51 RCW or portions of hospitals licensed under chapter 70.41 RCW and operating as a nursing home, if those facilities are subject to chapter 74.46 RCW.
(2) The authority may recover any overpayment, plus interest, if any, by setoff or recoupment against subsequent payments to the vendor.

[ 2011 1st sp.s. c 15 § 105.]
NOTES:

Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.

Structure Revised Code of Washington

Revised Code of Washington

Title 41 - Public Employment, Civil Service, and Pensions

Chapter 41.05A - Overpayments of Assistance and Coordination of Benefits.

41.05A.005 - Purpose—Collaboration with other agencies—Construction.

41.05A.010 - Definitions.

41.05A.030 - Fees for services—Reimbursement collection.

41.05A.040 - Time limit for collection of overpayments or other debts—Write-offs of debts.

41.05A.050 - Form of lien.

41.05A.060 - Authorization to discharge or compromise lien.

41.05A.070 - Filing of lien.

41.05A.080 - Attorney representing recipient—Duties.

41.05A.090 - Recovery for assistance by authority—Federal law—Foreclosure—Recipient's death.

41.05A.100 - Lien against real and personal property—Lien priority—Recovery by deduction or withholding of payments—Civil action.

41.05A.110 - Notice of overpayment of assistance.

41.05A.120 - Order to withhold and deliver.

41.05A.130 - Liability for failure to answer or comply with order to withhold and deliver or other violation.

41.05A.140 - Employer required to honor assignment of earnings.

41.05A.150 - Improper real property transfers.

41.05A.160 - Lien against real property.

41.05A.170 - Overpayment to vendor.

41.05A.180 - Lien against real property of vendor or other form of security.

41.05A.190 - Time periods for liens against vendors.

41.05A.200 - Time limit for action to enforce vendor overpayment debt.

41.05A.210 - Remedies against vendors nonexclusive.

41.05A.220 - Interest on overpayments to vendors.

41.05A.230 - Recovery of temporary total disability compensation.

41.05A.240 - Recovery of temporary total disability compensation—Service of lien and notice to withhold and deliver.

41.05A.250 - Duties of director of labor and industries.

41.05A.260 - Temporary total disability compensation recipients—Adjudicative proceeding.

41.05A.270 - Application—Benefits under Title 51 RCW.

41.05A.280 - Recording of notice of transfer or encumbrance of real property.