WSR 15-01-114 PROPOSED RULES HEALTH CARE AUTHORITY (Washington Apple Health) [Filed December 18, 2014, 1:47 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-21-159.
Title of Rule and Other Identifying Information: WAC 182-527-2790 Filing liens.
Hearing Location(s): Health Care Authority (HCA), Cherry Street Plaza Building, Sue Crystal Conference Room 106B, 626 8th Avenue, Olympia, WA 98504 (metered public parking is available street side around building. A map is available at http://www.hca.wa.gov/documents/directions_to_csp.pdf or directions can be obtained by calling (360) 725-1000), on January 27, 2015, at 10:00 a.m.
Date of Intended Adoption: Not sooner than January 28, 2015.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 45504, Olympia, WA 98504-5504, delivery 626 8th Avenue, Olympia, WA 98504, e-mail arc@hca.wa.gov, fax (360) 586-9727, by 5:00 p.m. on January 27, 2015.
Assistance for Persons with Disabilities: Contact Kelly Richters by January 19, 2015, TTY (800) 848-5429 or (360) 725-1307 or e-mail kelly.richters@hca.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To eliminate subsection (4)(c) in WAC 182-527-2790 because it is not within the scope of authority of state administrative law judges.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 2716, Olympia, WA 98504-2716, (360) 725-1842; Implementation and Enforcement: Mick Pettersen, P.O. Box 5534, Olympia, WA 98504-5534, (360) 725-0913.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The joint administrative [rules] review committee has not requested the filing of a small business economic impact statement, and these rules do not impose a disproportionate cost impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to HCA rules unless requested by the joint administrative rules review committee or applied voluntarily.
December 18, 2014
Kevin M. Sullivan
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-19-038, filed 9/11/13, effective 10/12/13)
WAC 182-527-2790 Filing liens.
(1) The medicaid agency or its designee may file liens to recover the cost of ((medical assistance or state-only funded)) Washington apple health long-term care (WAH-LTC) services((, or both,)) correctly paid on behalf of a client consistent with 42 U.S.C. 1396p ((and)), chapters 41.05A and 43.20B RCW, and 182-527 WAC.
(2) ((Prior to)) Before the agency or its designee ((filing)) files a lien under this section, the agency or its designee sends a notice via first class mail to:
(a) The address of the property and other assets subject to the lien;
(b) The probate estate's personal representative, if any;
(c) Any other person known to have title to the affected property ((and/or)) or to the decedent's heir(s) as defined by WAC 182-527-2730, or both; and
(d) The decedent's last known address or the address listed on the title, if any.
(3) The notice in subsection (2) of this section includes:
(a) The decedent's name, identification number, date of birth, and date of death;
(b) The amount of ((medical assistance or state-only funded long-term care services, or both,)) WAH-LTC services correctly paid on behalf of the deceased client that the agency or its designee seeks to recover;
(c) The agency's or its designee's intent to file a lien against the deceased client's property and other assets to recover the amount of ((medical assistance or state-only funded long-term care services, or both,)) WAH-LTC services correctly paid on behalf of the deceased client;
(d) The county in which the property and other assets are located; and
(e) The procedures to contest the agency's or its designee's decision to file a lien by applying for an administrative hearing.
(4) An administrative hearing ((only)) determines only:
(a) ((Whether the medical assistance or state-only funded long-term care services, or both, correctly paid on behalf of the decedent alleged by the agency's or its designee's notice is correct;)) The correctness of the dollar amount paid on behalf of the decedent for WAH-LTC services; and
(b) Whether the decedent had legal title to the property((; and
(c) Whether a lien is allowed under the provisions of Title 42 U.S.C. Section 1396p (a) and (b))).
(5) A request for an administrative hearing must:
(a) Be in writing;
(b) State the basis for contesting the lien;
(c) Be signed by the requester and must include the requester's address and telephone number; and
(d) Be served to the office of financial recovery (OFR) as described in WAC 182-527-2870, within twenty-eight calendar days of the date the agency or its designee mailed the notice.
(6) Upon receiving a request for an administrative hearing, the agency or its designee notifies persons known to have title to the property and other assets of the time and place of the administrative hearing.
(7) People known to have title to disputed assets ((must not be distributed)) cannot collect them while in litigation.
(8) An administrative hearing under this section is governed by chapters 34.05 RCW and 182-526 WAC and this section. If a provision in this section conflicts with a provision in chapter 182-526 WAC, the provision in this section governs.
(9) If an administrative hearing is conducted in accordance with this ((regulation)) section, and the final agency decision is issued, the agency or its designee ((only)) files a lien against the decedent's property and other assets ((only)) if upheld by the final agency decision.
(10) If no known title holder requests an administrative hearing, the agency or its designee files a lien twenty-eight calendar days after the date the agency or its designee mailed the notice described in subsection (2) of this section.
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