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(2) It is further the intent of the legislature to confirm that chapter 21, Laws of 1994, effective July 1, 1994, repealed and substantially reenacted the state's medicaid estate recovery laws and did not eliminate the department's authority to recover the cost of medical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.
Structure 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.
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.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.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.415 - State residential schools—Liability for costs of services—Limitation.
43.20B.440 - Residential habilitation centers—Costs of services—Charges payable in advance.
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.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.745 - Recipient receiving industrial insurance compensation—Application.
43.20B.900 - Savings—1987 c 75.
43.20B.902 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.