PREPROPOSAL STATEMENT OF INQUIRY
SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)
Subject of Possible Rule Making: Chapter 388-527 WAC, Estate recovery.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 292, Laws of 2005 (SHB 2304); RCW 43.20B.30 [43.20B.030]; 43.20B.80 [43.20B.080]; chapter 43.20B RCW; RCW 74.08.090; and Section 1917(b) of the Social Security Act.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Revision of this chapter is necessary to establish rules and procedural guides for the implementation of SHB 2304. Specifically to:
| • | Include life estates and joint tenancy among assets subject to estate recovery; |
| • | Extend statute of limitations of liens to twenty years; |
| • | Establish the state's use of Tax Equity Fiscal Responsibility Act (TEFRA) liens in accordance with 42 U.S.C. Sec. 1396p(a); |
| • | Establish notice of request for transfer of real property assets; and |
| • | Eliminate the homestead exemption as it relates to estate recovery activities. |
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Centers for Medicare and Medicaid Services (CMS).
Process for Developing New Rule: The department invites the interested public to review and comment on draft material. For information about how to participate, contact the person listed below.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Wendy L. Boedigheimer, Rules Program Manager, P.O. Box 45533, Olympia, WA 98504-5533, phone (360) 725-1306, fax (360) 586-9727, TTY 1-800-848-5429, e-mail boediwl@dshs.wa.gov.
September 20, 2005
Andy Fernando, Manager
Rules and Policies Assistance Unit