Revised Code of Washington
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.

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.20B - Revenue Recovery for Department of Social and Health Services.

43.20B.010 - Definitions.

43.20B.020 - Fees for services—Department of health and department of social and health services.

43.20B.030 - Overpayments and debts due the department—Time limit—Write-offs and compromises—Waivers.

43.20B.040 - Chapter does not apply where another party liable—Statement of lien—Form.

43.20B.050 - Liens—Compromise—Settlement or judgment.

43.20B.060 - Reimbursement for medical care or residential care—Lien—Subrogation—Delegation of lien and subrogation rights.

43.20B.070 - Torts committed against recipients of state assistance—Duties of attorney representing recipient—Trust account for departmental lien.

43.20B.080 - Recovery for paid medical assistance—Rules—Disclosure of estate recovery costs, terms, and conditions.

43.20B.090 - Recovery for paid medical assistance and state-funded long-term care—Legislative intent—Legislative confirmation of effect of 1994 c 21.

43.20B.095 - Establishment and recovery of debts for the department of children, youth, and families.

43.20B.110 - License fees to be charged by secretary—Waiver—Review and comment.

43.20B.120 - Funeral assistance—Lien against assets.

43.20B.310 - Residential care payments by families, when not collected.

43.20B.320 - Mental illness—Treatment costs—Criminally insane—Liability.

43.20B.325 - Mental illness—Hospitalization charges—How computed.

43.20B.330 - Mental illness—Treatment costs—Liability.

43.20B.335 - Mental illness—Treatment costs—Determination of ability to pay—Standards—Rules and regulations.

43.20B.340 - Mental illness—Treatment costs—Notice and finding of responsibility—Period—Adjudicative proceedings.

43.20B.345 - Mental illness—Treatment costs—Judgment for accrued amounts.

43.20B.347 - Mental illness—Treatment costs—Lien against real and personal property.

43.20B.350 - Mental illness—Treatment costs—Modification or vacation of findings of responsibility.

43.20B.355 - Mental illness—Hospitalization charges—Due date—Collection.

43.20B.360 - Mental illness—Hospitalization charges—Collection—Statutes of limitation.

43.20B.370 - Mental illness—Hospitalization charges—Collection—Prosecuting attorneys to assist.

43.20B.410 - Residential habilitation centers—Liability for costs of services—Declaration of purpose.

43.20B.415 - State residential schools—Liability for costs of services—Limitation.

43.20B.420 - Residential habilitation centers—Determination of costs of services—Establishment of rates—Collection.

43.20B.425 - Residential habilitation centers—Costs of services—Investigation and determination of ability to pay—Exemptions.

43.20B.430 - Residential habilitation centers—Costs of services—Initial notice and finding of responsibility—Service—Adjudicative proceeding.

43.20B.435 - State residential habilitation centers—Costs of services—Modification or vacation of initial finding of responsibility.

43.20B.440 - Residential habilitation centers—Costs of services—Charges payable in advance.

43.20B.445 - Residential habilitation centers—Costs of services—Reimbursement from property subsequently acquired—Placement outside school—Liability after death of resident.

43.20B.450 - State residential habilitation centers—Costs of services—Liabilities created apply to care, support, and treatment after July 1, 1967.

43.20B.455 - Residential habilitation centers—Costs of services—Discretionary allowance in resident's fund.

43.20B.460 - Guardianship fees and additional costs for incapacitated clients paying part of costs—Maximum amount—Rules.

43.20B.620 - Overpayments of assistance—Lien against recipient's property—Recovery methods.

43.20B.630 - Overpayments of assistance—Procedures—Adjudicative proceeding.

43.20B.635 - Overpayments of assistance—Orders to withhold property of debtor—Procedures.

43.20B.640 - Overpayments of assistance—Failure to withhold property of debtor.

43.20B.645 - Overpayments of assistance—Assignment of earnings.

43.20B.660 - Improper realty transfer—Suit to rescind—Recovery from recipient's estate.

43.20B.670 - Excess property assistance program—Lien—Department as creditor.

43.20B.675 - Vendor overpayments—Goods or services provided on or after July 1, 1998—Notice—Adjudicative proceeding—Enforcement—Collection—Rules.

43.20B.680 - Vendor overpayments—Lien or other security—Setoff or recoupment—Exception.

43.20B.685 - Vendor overpayments—Liens—Duration—Enforcement.

43.20B.688 - Limitation on actions to enforce vendor overpayment debts.

43.20B.690 - Vendor overpayments—Remedies nonexclusive.

43.20B.695 - Vendor overpayments—Interest—Exceptions.

43.20B.710 - Medical assistance—Improper transfer or assignment of resources—Penalty—Presumption, rebuttal—Attorney's fees.

43.20B.720 - Recipient receiving industrial insurance compensation—Subrogation rights of department—Lien—Withhold and deliver notice.

43.20B.730 - Recipient receiving industrial insurance compensation—Effective date of lien and notice—Service.

43.20B.735 - Recipient receiving industrial insurance compensation—Duty to withhold and deliver—Amount.

43.20B.740 - Recipient receiving industrial insurance compensation—Adjudicative proceeding—Collection pending final order.

43.20B.745 - Recipient receiving industrial insurance compensation—Application.

43.20B.750 - Recipients holding title to real property or purchasing under land sales contracts—Recording request for notice or termination or request for notice of transfer or encumbrance of property—Notice and hearing—Rules.

43.20B.900 - Savings—1987 c 75.

43.20B.902 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.