[WSBAPT] DSHS Medicaid Estate Recovery

Tue Jun 21 20:46:01 PDT 2022

Jennifer,

You may find that the Supremacy Clause makes all this moot. If federal law provides any obligation or right of recovery for the state, you may find that state claim-presentation statutes are preempted anyhow. I suspect Nicholas’s advice is well considered.

(Perhaps calculate for your client the time value of money that the State has not applied to their 20-year-old expenditure. It may soften the $50k blow. 😉)

Good luck!

All my best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer L White
Sent: Tuesday, June 21, 2022 11:40 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] DSHS Medicaid Estate Recovery

Good Morning Listserv:
This is a follow up post with my ongoing saga with DSHS and this particular recovery claim.
Facts: Decedent receives hospital and pharmacy services in 1999 – Jan of 2003. Medicaid pays them. She was over age 55 (in her 70’s). She lives on until July 2021. Dies intestate. DSHS has never to this day filed a lien. We file probate and send DSHS actual Notice to Creditors with decedent’s SS#. They timely file a creditor’s claim for about $50,000. All but a few thousand dollars of that amount is now 20+ years old. On January 21, 2022, I file a notice of rejection with the court and send it per the statute, certified mail RRR. I have the green postal ticket with the DSHS mailroom stamp indicating they received it January 28, 2022. Last week I get the following email (redacted for privacy).

Good evening, Ms. White:

I am writing in receipt of your Rejection received today.  You stated “The statute of limitations on this debt ran out years ago (RCW 43.20B.030).”  That RCW does not pertain to Estate Recovery, please review RCW 43.20B.080 Recovery for paid medical assistance- estate recovery costs, terms, and conditions.

Since a Creditor’s Claim was filed and not a lien, please reference RCW 11.40.010 claims against the estate.

The Department can file a lien up to two years from the date of death.  The SOL on a lien is 20 years.

The Department can file a Creditor’s Claim up to two years from the date of death.  The SOL for a Claim is six years.

Federal law requires the state to recover certain medical and long term care expenses from a person’s estate after they expire.

_______ received $50,267.20 in Medicaid Services which are recoverable under both state (RCW 43.20B.080) (RCW 41.05A.090) and federal (42 U.S.C. Sec. 1396p) law.

____ received Medicaid services dating back to 1999 – there is no SOL for medical provided.  Some people are on Medicaid their whole life while others only for a few months.

I am preparing to send this file to our attorneys at the Attorney General’s Office since a rejection was filed.  If you would like to review the information provided and decide to withdraw your rejection, I would need your rescission within five business days.

I hope this clears up any further questions you or ____, Co-PR’s, may have.

I have never heard of any extension of the CC rejection statute for DSHS? They received notice of rejection and did not file a lawsuit within 30 days of January 21, 2022, so they should be out of luck on the creditor claim, right?

What about them now trying to file a lien on debt that old? I looked at 43.20B.080. Is there no SOL in this instance? Does the 43.20B.030 SOL not apply here?  I would refer this out to a Medicaid/DSHS specialist, but these folks have no cash to pay fees, so there might as well only be one of us not getting paid…. 😊 (yes, this is the same estate with the drug addled relative that is STILL camping out in the house; and with the new surprise great grandchildren “right of representation” takers I queried a couple of weeks ago. Some estates just have problem, after problem, after problem….).

Any wisdom would be much appreciated!

Best,

Jennifer L. White, Esq.
[cid:image001.jpg at 01D885B8.4BA9B740]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220622/30e20c3f/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 987192 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220622/30e20c3f/image001-0001.jpg>