_______________________________________________
SENATE
BILL 5723
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AS
AMENDED BY THE HOUSE
Passed
Legislature - 1993 Regular Session
State of Washington 53rd
Legislature 1993 Regular Session
By
Read first time 02/10/93. Referred to Committee on Ways
& Means.
Providing for revenue collection for the
department of social and health services.
AN ACT Relating to revenue collection by the
department of social and health services; amending RCW 43.20B.140; adding a new
section to chapter 43.20B RCW; adding a new section to chapter 48.21 RCW;
adding a new section to chapter 48.44 RCW; adding a new section to 48.46 RCW;
and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec. 1. A
new section is added to chapter 43.20B RCW to read as follows:
Whenever a notice and finding of
responsibility, or appeal therefrom, has become final, the department may file
a lien against the real and personal property of all persons found financially
responsible under RCW 43.20B.330 with the county auditor of the county where
the persons reside or own property.
Sec. 2.
RCW 43.20B.140 and 1987 c 283 s 13 are each amended to read as follows:
(1) The department is authorized to recover the
cost of ((medical care)) public assistance benefits provided under a
program under chapter 74.09 RCW provided to a recipient who was sixty-five
years or older, upon the recipient's death except:
(a) Where there is a surviving spouse; or
(b) Where there is a surviving child under
((21)) twenty-one years of age or blind or disabled as defined in the
state plan under Title XIX of the social security act; or
(c) ((To the extent of the first fifty
thousand dollars of the estate value at the time of death, where there are
surviving children other than as defined above, and not to exceed thirty-five
percent of the remainder)) For family heirlooms, collectibles, antiques,
papers, jewelry, photos, or other personal effects that have been held in the
possession of the deceased recipient to which a surviving child may otherwise
be entitled not to exceed a total fair market value of two thousand dollars.
(2) The department may assert and enforce a
claim against the estate of the deceased recipient for the debt in subsection
(1) of this section, in accordance with chapter 11.40 RCW.
(3) The remedies in subsection (2) of this
section are nonexclusive and upon the death of the recipient, the department
shall have a lien for the debt in subsection (1) of this section. The lien
attaches to the real property of which the deceased recipient was seized
immediately before death. Upon subsequent filing of the notice thereof with
the county auditor of the county in which the real property is located, the lien
shall be deemed to relate back and be effective against such property as of the
date of the recipient's death. Recovery under the lien shall be upon the sale
or transfer of the subject property.
NEW SECTION. Sec. 3. A
new section is added to chapter 48.21 RCW to read as follows:
An insurer providing group disability insurance
coverage for health care in this state shall waive a preauthorization
requirement from the insurer before an insured or the insured's covered
dependents receive mental health care and treatment rendered by a state
hospital if the insured or any of the insured's covered dependents are
involuntarily committed to a state hospital as defined in RCW 72.23.010.
NEW SECTION. Sec. 4. A
new section is added to chapter 48.44 RCW to read as follows:
A health care service contractor providing
hospital or medical services or benefits in this state shall waive a
preauthorization from the contractor before an insured or an insured's covered
dependents receive mental health treatment rendered by a state hospital as
defined in RCW 72.23.010 if the insured or the insured's covered dependents are
involuntarily committed to a state hospital as defined in RCW 72.23.010.
NEW SECTION. Sec. 5. A
new section is added to chapter 48.46 RCW to read as follows:
A health maintenance organization providing
services or benefits for hospital or medical care coverage in this state shall
waive a preauthorization from the health maintenance organization before an
enrolled participant or the enrolled participant's covered dependents receive
mental health treatment rendered by a state hospital as defined in RCW
72.23.010 if the enrolled participant or the enrolled participant's covered
dependents are involuntarily committed to a state hospital as defined in RCW
72.23.010.
NEW SECTION. Sec. 6. This
act does not have the effect of terminating or in any way modifying any
liability, civil or criminal, that is already in existence on the effective
date of this act.
NEW SECTION. Sec. 7. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
