2862 AMS LAB S5485.3
HB 2862 - S COMM AMD
By Committee on Labor, Commerce & Trade
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.20B.720 and 1985 c 245 s 7 are each amended to read as follows:
((By accepting))
(1) A recipient of public assistance from the department of social and
health services((, the recipient thereof)) shall be deemed to have ((subrogated
said)) assigned to the department ((to the recipient's)) the
right to recover time loss compensation due to ((such)) the
recipient and ((his or her)) the recipient's dependents ((pursuant
to the provisions of)) under Title 51 RCW, up to the ((extent))
amount of ((such)) assistance ((or compensation, whichever is
less, furnished to the recipient and his or her dependents for or during the
period for which time loss compensation is payable: PROVIDED, That)) received.
The amount to be repaid to the department of social and health services
shall bear its proportionate share of attorney's fees and costs, if any,
incurred by the injured ((worker)) recipient or the ((worker's))
recipient's dependents.
(2) The
department of social and health services may assert and enforce a lien and
notice to withhold and deliver ((as hereinafter provided)) to secure
reimbursement ((of any public assistance paid for or during the period and
for the purposes expressed in this section)). The lien and notice to
withhold and deliver shall identify the recipient of public assistance and time
loss compensation and the amount claimed by the department.
Sec. 2. RCW 43.20B.730 and 1987 c 75 s 34 are each amended to read as follows:
The effective date of
the ((statement of)) lien and notice to withhold and deliver provided in
RCW ((43.20B.725)) 43.20B.720, shall be the day that it is
received by the ((director of the)) department of labor and industries((,
an employee of the director's office of suitable discretion,)) or a
self-insurer as defined in chapter 51.08 RCW((: PROVIDED, That)). Service
of ((such statement of)) the lien and notice to withhold and
deliver may be made personally ((or)), by regular mail, postage
prepaid((: PROVIDED, FURTHER, That)), or by electronic device. A
((copy of the)) statement of lien and notice to withhold and deliver
shall be mailed to the recipient at the recipient's last known address by
certified mail, return receipt requested, no later than ((the next)) two
business days after ((such statement)) receipt of the
lien and notice to withhold and deliver((has been mailed or delivered to))
by the department of labor and industries or ((to)) a
self-insurer as defined in chapter 51.08 RCW.
Sec. 3. RCW 43.20B.735 and 1973 1st ex.s. c 102 s 4 are each amended to read as follows:
The director of the
department of labor and industries or his or her designee, following
receipt of the ((statement of)) lien and notice to withhold and deliver,
shall deliver to the secretary of the department of social and health services
or his or her designee any funds up to the amount claimed ((he)) the
director may hold, or which may at any time come into ((his)) the
director's possession, on account of time loss compensation payable to ((said))
the recipient ((for or during the period stated, immediately upon a
final determination of the recipient's entitlement to the time loss compensation
in accordance with the provisions of Title 51 RCW)).
Sec. 4. RCW 43.20B.740 and 1989 c 175 s 101 are each amended to read as follows:
Any ((person)) recipient
feeling aggrieved by the action of the department of social and health services
in ((impounding)) recovering his or her time loss compensation as
provided in RCW 43.20B.720 through 43.20B.745 shall have the right to an
adjudicative proceeding.
((Any such person
who desires a hearing shall,)) A recipient seeking an adjudicative
proceeding shall file an application with the secretary within twenty-eight
days after the statement of lien and notice to withhold and deliver ((has
been)) was mailed to ((or served upon the director of the
department of labor and industries and said appellant, file with the secretary
an application for an adjudicative proceeding)) the recipient. If
the recipient files an application more than twenty-eight days, but within one
year, of the date the notice to withhold and deliver was mailed, the recipient
is entitled to a hearing if good cause is shown for failure to file a timely
application. The filing of a late application does not affect prior collection
action pending the final adjudicative order. Until good cause for failure to
file a timely application is decided, the department may continue to collect
under the lien and notice to withhold and deliver.
The proceeding shall be governed by chapter 34.05 RCW, the Administrative Procedure Act.
NEW SECTION. Sec. 5. RCW 43.20B.725 and 1987 c 75 s 33, 1985 c 245 s 8, & 1973 1st ex.s. c 102 s 2 are each repealed."
HB 2862 - S COMM AMD
By Committee on Labor, Commerce & Trade
On page 1, line 2 of the title, after "deliver;" strike the remainder of the title and insert "amending RCW 43.20B.720, 43.20B.730, 43.20B.735, and 43.20B.740; and repealing RCW 43.20B.725."
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