6508-S AMH HANS MERE 335

SSB 6508 - H AMD TO ELHS COMM AMD (H-4440.1/12) 1250

By Representative Hansen

ADOPTED 02/29/2012

    On page 1, line 25 of the striking amendment, after "department" strike all material through "benefits." on page 2, line 3 and insert "determines that the elements of equitable estoppel as set forth in WAC 388-02-0495, as it existed on January 1, 2012, are met."

EFFECT:   Authorizes the Department of Social and Health Services (Department) to waive efforts to collect overpayments made to a client if the Department determines that the elements of equitable estoppel have been met as follows: (1) the Department took an action or failed to take an action regarding overpayment of benefits which is inconsistent with a later claim or position; (2) the client reasonably relied on Department's original statement, action, or failure to act regarding overpayment; (3) the client would be injured to his or her detriment if the Department is allowed to contradict the original statement, act, or failure to act regarding overpayment; (4) the client cannot afford to repay the overpayment; (5) the client gave the Department timely and accurate information when required; (6) the client did not know that the Department made a mistake; (7) the client is free from fault; (8) the overpayment was caused solely by the Department's mistake; and (9) waiving overpayment collection efforts will not impair the Department's functions.

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