WSR 25-16-002
PERMANENT RULES
HEALTH CARE AUTHORITY
[Filed July 23, 2025, 2:22 p.m., effective August 23, 2025]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The health care authority (HCA) amended WAC 182-501-0100 to reflect the 2011 change in authority for overseeing the medicaid program from the Washington state department of social and health services (DSHS) to HCA. The rule had referenced only the DSHS lien statutes. This amendment adds reference to the HCA lien statutes. Both HCA and DSHS use liens for subrogation purposes.
Citation of Rules Affected by this Order: Amending WAC 182-501-0100.
Other Authority: Chapter
41.05A RCW.
Adopted under notice filed as WSR 25-13-012 on June 6, 2025.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: July 23, 2025.
Wendy Barcus
Rules Coordinator
RDS-6328.1
AMENDATORY SECTION(Amending WSR 15-15-053, filed 7/9/15, effective 8/9/15)
WAC 182-501-0100Subrogation.
(1) For the purpose of this section, "liable third party" means:
(a) The tort-feasor, or insurer of the tort-feasor, or both; and
(b) Any person, entity or program that is or may be liable to provide coverage for the illness or injuries for which the medicaid agency is providing assistance or residential care.
(2) As a condition of medical care eligibility, a client must assign to the state any right the client may have to receive payment from any liable third party for medical expenses, assistance, or residential care.
(3) To the extent authorized by a contract executed under RCW
74.09.522, a managed health care plan has the rights and remedies of the agency under RCW
41.05A.070, 43.20B.060
, and
74.09.180.
(4) The agency is not responsible for medical care payment(s) for a client whose personal injuries are caused by the negligence or wrongdoing of another. However, the agency may provide the medical care required as a result of an injury or illness to the client if the client is otherwise eligible for medical care.
(5) The agency may pursue its right to recover the value of medical care provided to an eligible client from any liable third party or third-party settlement or judgment as a subrogee, assignee, or by enforcement of its public assistance lien under RCW
41.05A.050 through 41.05A.070, 43.20B.040 through
43.20B.070,
74.09.180, and
74.09.185.
(6) Notice to the agency and determining the reimbursement amount:
(a) The client or the client's legal representative must notify the agency in writing when filing any claim against a third party, commencing an action at law, negotiating a settlement, or accepting an offer from the liable third party. Send notices under this section to:
Health Care Authority
COB Casualty Unit
P.O. Box 45561
Olympia, WA 98504-5561
Fax: 360-753-3077
(b) The client or the client's legal representative must give the agency documentation proposing allocation of damages, if any, to be used for settlement or to be proven at trial.
(c) Where damages, including medical damages, have not been designated in the settlement or judgment, the client or the client's legal representative must contact the agency to determine the appropriate reimbursement amount for payments the agency made for the client's benefit.
(d) If the client and the agency cannot agree upon the appropriate reimbursement amount, any party may bring a motion in superior court for a hearing to determine the amount of reimbursement to the agency from settlement or judgment proceeds.
(7) The agency director or the director's designee must consent in writing to any discharge or compromise of any settlement or judgment of a lien created under RCW 41.05A.070 and 43.20B.060. The agency considers the compromise or discharge of a medical care lien only as authorized by federal regulation at 42 C.F.R. 433.139.
(8) The doctrine of equitable subrogation does not apply to defeat, reduce, or prorate any recovery made by the agency based on its assignment, lien, or subrogation rights.