[WSBAPT] Dept of Revenue slow?

Tue Aug 30 11:42:11 PDT 2022

Thanks for all of your comments on DSHS/OFR claims!!!

Chris Neil | Attorney | Neil & Neil, P.S.
5302 Pacific Avenue,Tacoma,WA 98408 | Chris.Neil at NeilLaw.com
(253)475-8600 | f:(253)473-5746

> On Aug 30, 2022, at 11:30 AM, Jeff at bellanddavispllc.com wrote:
> 
> Another fun matter with DSHS.  I believe DSHS is subject to the creditor claim rules.  I had a probate in which DSHS filed, and served, a claim for $45,000.00. The  $45,000.00 dollar amount  was typed in the filed form. We paid it.  DSHS later came back and said their claim was really for $300,000.00.  When I read the backup material filed with the claim, sure enough the total paid out benefits was over $300,000.00.  No amended claim was filed.  We waited for the 2 year clam period to expire and then closed the estate with a declaration of completion ( a copy was served on DSHS).  We heard nothing further.
>  
> Jeff
>  
> W. Jeff Davis
> BELL & DAVIS PLLC
> Attorneys at Law
> P.O. Box 510
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129 
> Fax: (360) 683.1258 
> email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
> www.bellanddavispllc.com <http://www.bellanddavispllc.com/>
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>  
>  
> From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Eric Nelsen
> Sent: Tuesday, August 30, 2022 10:46 AM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>>
> Subject: Re: [WSBAPT] Dept of Revenue slow?
>  
> 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 <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 <mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com <mailto: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 <mailto: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
> <image001.png>
> P. O. Box 619
> Wilbur, WA 99185
> 509 647 5578
> jgrant at advocateslg.com <mailto:jgrant at advocateslg.com>
>  
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