(1) For the purpose of this section, "liable third party" means:
(a) The tort-feasor or insurer of the tort-feasor, or both; and
(b) Any person, entity or program that is or may be liable to provide coverage for the illness or injuries for which the department is providing assistance or residential care.
(2) As a condition of medical care eligibility, a client must assign to the state any right the client may have to receive payment from any liable third party for medical expenses, assistance, or residential care.
(3) To the extent authorized by a contract executed under RCW 74.09.522
, a managed health care plan has the rights and remedies of the department as provided in RCW 43.20B.060
(4) The department is not responsible for medical care payment(s) for a client whose personal injuries are caused by the negligence or wrongdoing of another. However, the department may provide the medical care required as a result of an injury or illness to the client if the client is otherwise eligible for medical care.
(5) The department may pursue its right to recover the value of medical care provided to an eligible client from any liable third party or third party settlement or judgment as a subrogee, assignee, or by enforcement of its public assistance lien as provided under RCW 43.20B.040
through 43.20B.070, RCW 74.09.180
(6) Notice to the department and determining the reimbursement amount:
(a) The client or the client's legal representative must notify the department in writing at the time of filing any claim against a third party, commencing an action at law, negotiating a settlement, or accepting an offer from the liable third party. Written notices to the department under this section should be sent to:
Health and Recovery Services Administration
COB Casualty Unit
PO Box 45561
Olympia, WA 98504-5561
Fax (360) 753-3077
(b) The client or the client's legal representative must provide the department with documentation proposing allocation of damages, if any, to be used for settlement or to be proven at trial.
(c) Where damages, including medical damages, have not been designated in the settlement or judgment, the client or the client's legal representative must contact the department to determine the appropriate reimbursement amount for payments the department made for the client's benefit.
(d) If the client and the department are unable to reach an agreement as to the appropriate reimbursement amount, any party may bring a motion in the superior court for a hearing to determine the amount of reimbursement to the department from settlement or judgment proceeds.
(7) The secretary of the department or the secretary's designee must consent in writing to any discharge or compromise of any settlement or judgment of a lien created under RCW 43.20B.060
. The department considers the compromise or discharge of a medical care lien only as authorized by federal regulation at 42 C.F.R. 433.139.
(8) The doctrine of equitable subrogation does not apply to defeat, reduce, or prorate any recovery made by the department that is based on its assignment, lien, or subrogation rights.
[WSR 11-14-075, recodified as § 182-501-0100, filed 6/30/11, effective 7/1/11. Statutory Authority: 42 U.S.C. §§ 1396a, 1396k, 1396p, chapter 43.20B
RCW, RCW 74.08.090
, 74.09.180, 74.09.185. WSR 08-17-046, § 388-501-0100, filed 8/14/08, effective 12/1/08. Statutory Authority: RCW 74.08.090
and 74.09.185. WSR 07-23-080 and 08-01-041, § 388-501-0100, filed 11/19/07 and 12/12/07, effective 12/1/08. Statutory Authority: RCW 74.04.050
and 74.08.090. WSR 00-01-088, § 388-501-0100, filed 12/14/99, effective 1/14/00.]