[WSBAPT] DSHS Creditor Claim for 2009 expenses - valid claim?

Thu Oct 23 12:10:06 PDT 2025

I have gone round and round with DSHS in many probates over the years.  I did save this information recently from another colleague’s posting:

RCW 43.20B.030
Overpayments and debts due the department—Time limit—Write-offs and compromises—Waivers.
*** CHANGE IN 2025 *** (SEE 5079.SL) ***
(1) Except as otherwise provided by law, including subsection (2) of this section, there will be no collection of overpayments and other debts due the department after the expiration of six years from the date of notice of such overpayment or other debt unless the department has commenced recovery action in a court of law or unless an administrative remedy authorized by statute is in place. However, any amount due in a case thus extended shall cease to be a debt due the department at the expiration of ten years from the date of the notice of the overpayment or other debt unless a court-ordered remedy would be in effect for a longer period.
(2) There will be no collection of debts due the department after the expiration of twenty years from the date a lien is recorded pursuant to RCW 43.20B.080.
(3) The department, at any time, may accept offers of compromise of disputed claims or may grant partial or total write-off of any debt due the department if it is no longer cost-effective to pursue. The department shall adopt rules establishing the considerations to be made in the granting or denial of a partial or total write-off of debts.
(4) Notwithstanding the requirements of RCW 43.20B.630, 43.20B.635, 43.20B.640, and 43.20B.645, the department may waive all efforts to collect overpayments from a client when the department determines that the elements of equitable estoppel as set forth in WAC 388-02-0495, as it existed on January 1, 2012, are met.

Dalynne Singleton
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Joshua McKarcher
Sent: Thursday, October 23, 2025 8:57 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DSHS Creditor Claim for 2009 expenses - valid claim?

Hi Jana (if you even see this and it doesn’t end up in your Junk Email like my own emails do in my own email client and apparently Sarah McCarthy’s as well; alas…),

Just in case someone who has actually “fought that fight” does NOT respond – and let’s hope they will – I am nearly certain the answer will be that DSHS can file a timely claim “now” for any expense going back to the Founding (you can pick State or Nation 😉) so long as it was paid in respect of the ONLY RECENTLY DECEASED decedent.

I believe the entire policy and “mechanism” is designed so that neither does (1) the clock run on Medicaid expenses paid during lifetime, until the person dies, nor (2) the state get to accrue INTEREST on the unpaid expense from the date incurred until the date of death.

If you analyze through that prism, that is a reasonable policy tradeoff for the legislature or Congress to have made. No statute of limitations (SOL) issue here, or else we’d have the State suing impoverished people during their lifetimes to beat the SOL and preserve the State’s claim. But also no accrual of what would be back-breaking interest costs over the years (and sometimes decades) until the Medicaid beneficiary’s death.

Decent tradeoff in the end. Hope that helps!

Best, Josh

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 Jana DeMasi
Sent: Thursday, October 23, 2025 8:42 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] DSHS Creditor Claim for 2009 expenses - valid claim?

You don't often get email from jdemasi at rehberglaw.com<mailto:jdemasi at rehberglaw.com>. Learn why this is important<https://aka.ms/LearnAboutSenderIdentification>
Hello all,

My attorneys asked that I reach out to ask if anyone has come across a situation where DSHS files a creditors claim for expenses incurred more than 10 years prior to decedent’s passing.

We have an estate where DSHS timely filed a creditors claim for medical and pharmacy expenses ($1,470) incurred in 2009 that are recoverable per RCW 43.20B.080/41.05A.090 and WAC 182-527. The claim period ends in January. Is there a time limit or statute of limitations on how long the State can recover funds?

Thank you for any direction or guidance you are able to provide.

Kindest regards,
Jana

Jana DeMasi
Paralegal | Probate & Estate Administration Team
206.246.8772 ext. 326  |  jdemasi at rehberglaw.com<mailto:jdemasi at rehberglaw.com>
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