[WSBAPT] DSHS creditor claim 2014-2021

Wed Sep 1 13:03:38 PDT 2021

Is that also true for bills that should have been covered by VA benefits before Affordable Care Act?

Lenard L Wittlake, PLLC

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of J A Cyphers
Sent: Wednesday, September 1, 2021 10:03 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] DSHS creditor claim 2014-2021

One additional fact to explore.  If this claim is for medical bills, after the Affordable Care act passed, the state could not claim back medical bills that should have been covered by the Act.

I no longer have the citation for those statutes but had DSHS some years ago claim for medical expenses and then drop the claim when I raised that issue.

That could potentially reduce the claim.

On Wed, Sep 1, 2021 at 8:51 AM Dalynne Singleton <dalynne at glgmail.com> wrote:

I received a creditor’s claim from DSHS in a probate for $201k showing charges from 2006 -2021 for a woman who had no income, no assets and qualified for Medicaid to pay her medical bills.  Strange the creditor claim is not filed as a “lien”.

Can someone point me to authority to claim this creditor claim dating back 15 years – is there no enforced statute of limitations?  There are no assets but for being a beneficiary of potential wrongful death monies from the death of her son before her.  I’ve reviewed RCW 43.20B.080 and 41,05A.090 and WAC 182.527 and see no authority to get WD monies from an Estate – but I’ve had a commissioner in the past take these WD monies which are not “estate” probate assets and pay all kinds of Administrative and funeral expenses in an Estate (Pierce County case).

Once the amount of WD monies are known, if this is a valid creditor claim which would take 100% or more, I anticipate filing a Notice of Insolvency but want to know other options.  

The WD monies are not estate assets by statute (RCW 4.20).  This estate was opened to receive wrongful death monies from the death of Ms. T.’s son.  The WD suit was in the son’s Estate but the mother is one of the beneficiaries and her estate was opened.  She is survived by 3 daughters who have claims to the WD monies outside of probate.  Potentially, this creditor will get 100% of the WD monies if I don’t do something about it.

Anyone successfully argued DSHS gets -0- of the WD monies?

I’d love to talk or exchange emails.  Thanks.

Dalynne Singleton

Gourley Law Group

Snohomish Escrow

The Exchange Connection

1002 10th Street / PO Box 1091

Snohomish, WA 98291

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 <mailto:dalynne at glgmail.com> dalynne at glgmail.com

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Jackie Cyphers
Jeannette A. Cyphers, Attorney at Law
P. O. Box 908                                
Edmonds, WA 98020-0908

telephone 425-776-5887
fax 425-640-0814
jacyphers at gmail.com

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