AN
ACT Relating to long-term care; and amending RCW 74.39A.170 and 43.20B.080.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
74.39A.170 and 1995 1st sp.s. c 18 s 56 are each amended to read as follows:
(1)
All payments made in state-funded long-term care shall be recoverable as if
they were medical assistance payments subject to recovery under 42 U.S.C. Sec.
1396p and chapter 43.20B RCW, but without regard to the recipient's age.
(2)
In determining eligibility for state-funded long-term care services programs,
the department shall impose the same rules with respect to the transfer of
assets for less than fair market value as are imposed under 42 U.S.C. 1396p
with respect to nursing home and home and community services.
(3)
It is the responsibility of the department to fully disclose in advance
verbally and in writing, in easy to understand language, the terms and
conditions of estate recovery to all persons offered long‑term care
services subject to recovery of payments.
(4)
In disclosing estate recovery costs to potential clients, and to family members
at the consent of the client, the department shall provide a written
description of the community service options.
(5)
The department of social and health services shall develop an implementation
plan for notifying the client or his or her legal representative at least
quarterly of the types of services used and the cost of those services (debt)
that will be charged against the estate. The estate planning implementation
plan shall be submitted by December 12, 1999, to the appropriate standing
committees of the house of representatives and the senate, and to the joint
legislative and executive task force on long-term care.
Sec.
2. RCW
43.20B.080 and 1997 c 392 s 302 are each amended to read as follows:
(1)
The department shall file liens, seek adjustment, or otherwise effect recovery
for medical assistance correctly paid on behalf of an individual consistent
with 42 U.S.C. Sec. 1396p.
(2)
Liens may be adjusted by foreclosure in accordance with chapter 61.12 RCW.
(3)
In the case of an individual who was fifty-five years of age or older when the
individual received medical assistance, the department shall seek adjustment or
recovery from the individual's estate, and from nonprobate assets of the
individual as defined by RCW 11.02.005, but only for medical assistance consisting
of nursing facility services, home and community-based services, other services
that the department determines to be appropriate, and related hospital and
prescription drug services. Recovery from the individual's estate, including
foreclosure of liens imposed under this section, shall be undertaken as soon as
practicable, consistent with 42 U.S.C. Sec. 1396p.
(4)
The department shall apply the medical assistance estate recovery law as it
existed on the date that benefits were received when calculating an estate's
liability to reimburse the department for those benefits.
(5)(a)
The department shall establish procedures consistent with standards established
by the federal department of health and human services and pursuant to 42
U.S.C. Sec. 1396p to waive recovery when such recovery would work an undue
hardship.
(b)
Recovery of medical assistance from a recipient's estate shall not include
property made exempt from claims by federal law or treaty, including exemption
for tribal artifacts that may be held by individual Native Americans.
(6)
A lien authorized under subsections (1) through (5) of this section relates
back to attach to any real property that the decedent had an ownership interest
in immediately before death and is effective as of that date.
(7)
The department is authorized to adopt rules to effect recovery under this
section. The department may adopt by rule later enactments of the federal laws
referenced in this section.
(8)
((The office of financial management shall review the cost and feasibility
of the department of social and health services collecting the client copayment
for long-term care consistent with the terms and conditions of RCW 74.39A.120,
and the cost impact to community providers under the current system for collecting
the client's copayment in addition to the amount charged to the client for
estate recovery, and report to the legislature by December 12, 1997.)) It
is the responsibility of the department to fully disclose in advance verbally
and in writing, in easy to understand language, the terms and conditions of
estate recovery to all persons offered long‑term care services subject to
recovery of payments.
(9)
In disclosing estate recovery costs to potential clients, and to family members
at the consent of the client, the department shall provide a written
description of the community service options.
(10)
The department of social and health services shall develop an implementation
plan for notifying the client or his or her legal representative at least
quarterly of the types of services used and the cost of those services (debt)
that will be charged against the estate. The estate planning implementation
plan shall be submitted by December 12, 1999, to the appropriate standing
committees of the house of representatives and the senate, and to the joint
legislative and executive task force on long-term care.
