_______________________________________________

               ENGROSSED SUBSTITUTE SENATE BILL 6216

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Senate Committee on Human Services & Corrections (originally sponsored by Senators Horn and Patterson; by request of Department of Social and Health Services)

Read first time 01/28/98.

Allowing the department of social and health services to recover revenue from vendors that have been overpaid. 

    AN ACT Relating to recovery of vendor overpayments; adding a new section to chapter 43.20B RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature finds that more efficient and cost-effective means are available for the collection of vendor overpayments owed the state of Washington.  The legislature further finds it desirable to provide vendors a uniform formal appeal process that will streamline the current process for both the department of social and health services and the vendor.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.20B RCW to read as follows:

    (1) When the department determines that a vendor was overpaid by the department for either goods or services, or both, provided to department clients, except nursing homes under chapter 74.46 RCW, the department will give written notice to the vendor.  The notice will include the amount of the overpayment, the basis for the claim, and the rights of the vendor under this section.

    (2) The notice may be served upon the vendor in the manner prescribed for the service of a summons in civil action or be mailed to the vendor at the last known address by certified mail, return receipt requested, demanding payment within twenty days of the date of receipt.

    (3) The vendor has the right to an adjudicative proceeding governed by the administrative procedure act, chapter 34.05 RCW, and the rules of the department.  The vendor's application for an adjudicative proceeding must be in writing, state the basis for contesting the overpayment notice, and include a copy of the department's notice.  The application must be served on and received by the department within twenty-eight days of the vendor's receipt of the notice of overpayment.  The vendor must serve the department in a manner providing proof of receipt.

    (4) Where an adjudicative proceeding has been requested, the presiding or reviewing office will determine the amount, if any, of the overpayment received by the vendor.

    (5) If the vendor fails to attend or participate in the adjudicative proceeding, upon a showing of valid service, the presiding or reviewing officer may enter an administrative order declaring the amount claimed in the notice to be assessed against the vendor and subject to collection action by the department.

    (6) Failure to make an application for an adjudicative proceeding within twenty-eight days of the date of notice will result in the establishment of a final debt against the vendor in the amount asserted by the department and that amount is subject to collection action.  The department may also charge the vendor with any costs associated with the collection of any final overpayment or debt established against the vendor.

    (7) The department may enforce a final overpayment or debt through lien and foreclosure, distraint, seizure and sale, order to withhold and deliver, or other collection action available to the department to satisfy the debt due.

    (8) Debts determined under this chapter are subject to collection action without further necessity of action by a presiding or reviewing officer.  The department may collect the debt in accordance with RCW 43.20B.635, 43.20B.640, and 43.20B.680.  In addition, a vendor lien may be subject to distraint and seizure and sale in the same manner as prescribed for support liens in RCW 74.20A.130.

    (9) This section applies to all vendors that provide goods or services provided on or after July 1, 1998.

    (10) The department may adopt rules consistent with this section.

                            --- END ---