[WSBAPT] Dept of Revenue slow?

[Eric Nelsen]

Please don't rely on my recollection on this, but I think I remember researching this issue about 10-15 years ago, on the distinction between debts owed to the Feds and debts owed to the State. Medicaid is a federal program but I think it's basically federal funding that is supplied to each state and the state builds its own administrative apparatus to handle and pay benefits to state residents. As a condition of receiving the federal funding, the State must agree to make reasonable efforts to collect reimbursements.

I think there is a case out there-or maybe it's in the Medicaid collections handbook for state employees?-that says that DSHS is subject to the creditor claim deadline the same as any other creditor. It's a state entity handling money debts owed under state statutes, and as such it has neither the priority of debts owed to the federal government, nor does the states' sovereign immunity or its statutes provide DSHS with immunity from the creditor claim deadline.

That said, I also faintly recall that there is a difference between a Medicaid lien put on real property and a Medicaid debt owed by a decedent who didn't own real property. It's possible that the debt can be barred but the lien on real property can't?

Or I could really be mixing this up. I think there is a substantial amount of information on DSHS website under the "Estate Recovery" section. See for example:
https://www.dshs.wa.gov/sites/default/files/publications/documents/Estate%20Recovery%20Insert.pdf

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Joshua Grant
Sent: Monday, August 29, 2022 4:01 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Dept of Revenue slow?

I am handling an estate where the PR thought a Medicaid lien should exist.  We are over 4 months since we mailed the Notice to Creditors (including decedent's social security number), and we haven't heard anything yet.  How long has it been taking to OFR to respond to Notice to Creditors?
If no lien shows on a title report on the residence, I assume we are clear to sell the residence without further notice to DSHS?

Josh

Joshua F. Grant
[cid:image001.png at 01D8BC5D.813E3DF0]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
jgrant at advocateslg.com<mailto:jgrant at advocateslg.com>

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