Revised Code of Washington
Chapter 43.20B - Revenue Recovery for Department of Social and Health Services.
43.20B.675 - Vendor overpayments—Goods or services provided on or after July 1, 1998—Notice—Adjudicative proceeding—Enforcement—Collection—Rules.

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

(1) When the department determines that a vendor was overpaid by the department for either goods or services, or both, provided to department clients, except nursing homes under chapter 74.46 RCW, the department will give written notice to the vendor. The notice will include the amount of the overpayment, the basis for the claim, and the rights of the vendor under this section.
(2) The notice may be served upon the vendor in the manner prescribed for the service of a summons in civil action or be mailed to the vendor at the last known address by certified mail, return receipt requested, demanding payment within twenty days of the date of receipt.
(3) The vendor has the right to an adjudicative proceeding governed by the administrative procedure act, chapter 34.05 RCW, and the rules of the department. The vendor's application for an adjudicative proceeding must be in writing, state the basis for contesting the overpayment notice, and include a copy of the department's notice. The application must be served on and received by the department within twenty-eight days of the vendor's receipt of the notice of overpayment. The vendor must serve the department in a manner providing proof of receipt.
(4) Where an adjudicative proceeding has been requested, the presiding or reviewing office will determine the amount, if any, of the overpayment received by the vendor.
(5) If the vendor fails to attend or participate in the adjudicative proceeding, upon a showing of valid service, the presiding or reviewing officer may enter an administrative order declaring the amount claimed in the notice to be assessed against the vendor and subject to collection action by the department.
(6) Failure to make an application for an adjudicative proceeding within twenty-eight days of the date of notice will result in the establishment of a final debt against the vendor in the amount asserted by the department and that amount is subject to collection action. The department may also charge the vendor with any costs associated with the collection of any final overpayment or debt established against the vendor.
(7) The department may enforce a final overpayment or debt through lien and foreclosure, distraint, seizure and sale, order to withhold and deliver, or other collection action available to the department to satisfy the debt due.
(8) Debts determined under this chapter are subject to collection action without further necessity of action by a presiding or reviewing officer. The department may collect the debt in accordance with RCW 43.20B.635, 43.20B.640, and 43.20B.680. In addition, a vendor lien may be subject to distraint and seizure and sale in the same manner as prescribed for support liens in RCW 74.20A.130.
(9) Chapter 66, Laws of 1998 applies to overpayments for goods or services provided on or after July 1, 1998.
(10) The department may adopt rules consistent with this section.

[ 1998 c 66 § 2.]
NOTES:

Findings—1998 c 66: "The legislature finds that more efficient and cost-effective means are available for the collection of vendor overpayments owed the state of Washington. The legislature further finds it desirable to provide vendors a uniform formal appeal process that will streamline the current process for both the department of social and health services and the vendor." [ 1998 c 66 § 1.]

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.