RCW 74.39A.170
Recovery of payments—Transfer of assets rules for eligibility—Disclosure of estate recovery costs, terms, and conditions.
(1) All payments made in state-funded long-term care shall be recoverable as if they were medical assistance payments subject to recovery under 42 U.S.C. Sec. 1396p and chapter 43.20B RCW, but without regard to the recipient's age.
(2) In determining eligibility for state-funded long-term care services programs, the department shall impose the same rules with respect to the transfer of assets for less than fair market value as are imposed under 42 U.S.C. 1396p with respect to nursing home and home and community services.
(3) It is the responsibility of the department to fully disclose in advance verbally and in writing, in easy to understand language, the terms and conditions of estate recovery to all persons offered long-term care services subject to recovery of payments.
(4) In disclosing estate recovery costs to potential clients, and to family members at the consent of the client, the department shall provide a written description of the community service options.
(5) The department of social and health services shall develop an implementation plan for notifying the client or his or her legal representative at least quarterly of the types of services used and the cost of those services (debt) that will be charged against the estate. The estate planning implementation plan shall be submitted by December 12, 1999, to the appropriate standing committees of the house of representatives and the senate, and to the joint legislative and executive task force on long-term care.
[ 1999 c 354 § 1; 1995 1st sp.s. c 18 § 56.]
NOTES:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Recovery for state-funded long-term care—Legislative intent: RCW 43.20B.090.
Structure Revised Code of Washington
Chapter 74.39A - Long-Term Care Services Options—Expansion.
74.39A.007 - Purpose and intent.
74.39A.010 - Assisted living services and enhanced adult residential care—Contracts—Rules.
74.39A.020 - Adult residential care—Contracts—Rules.
74.39A.030 - Expansion of home and community services—Payment rates.
74.39A.035 - Expansion of nutrition services through the meals on wheels program.
74.39A.040 - Department assessment of and assistance to hospital patients in need of long-term care.
74.39A.051 - Quality improvement principles.
74.39A.056 - Background checks on long-term care workers.
74.39A.058 - Long-term care workforce work group.
74.39A.074 - Training requirements for long-term care workers—Rules.
74.39A.076 - Training requirements for individual providers caring for family members.
74.39A.080 - Department authority to take actions in response to noncompliance or violations.
74.39A.100 - Chore services—Legislative finding, intent.
74.39A.120 - Chore services—Expenditure limitation—Priorities—Rule on patient resource limit.
74.39A.130 - Chore services—Department to develop program.
74.39A.140 - Chore services—Employment of public assistance recipients.
74.39A.150 - Chore services for persons with disabilities—Eligibility.
74.39A.155 - Support for persons at risk of institutional placement.
74.39A.160 - Transfer of assets—Penalties.
74.39A.180 - Authority to pay for probate actions and collection of bad debts.
74.39A.200 - Training curricula, materials—In public domain—Exceptions.
74.39A.210 - Disclosure of employee information—Employer immunity—Rebuttable presumption.
74.39A.261 - Background checks on individual providers—Department duties.
74.39A.300 - Funding process—Department-contracted individual providers.
74.39A.320 - Establishment of capital add-on rate—Determination of medicaid occupancy percentage.
74.39A.341 - Continuing education requirements for long-term care workers.
74.39A.351 - Advanced training.
74.39A.360 - Training partnership.
74.39A.370 - Addressing long-term care complaint workload.
74.39A.390 - Personal care services—Glove access.
74.39A.400 - Personal care services—Community first choice option.
74.39A.505 - Consumer directed employer program—Rule-making authority—2018 c 278.
74.39A.510 - Consumer directed employer program—Limitations.
74.39A.800 - Changes to agreements—Performance of duties.
74.39A.900 - Section captions—1993 c 508.