DSHS overpayments

AN ACT Relating to addressing the burden of unintentional 1
overpayments on older adults and adults with disabilities served by 2
the department of social and health services; amending RCW 3
43.20B.030; providing an effective date; and declaring an emergency.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 43.20B.030 and 2012 c 258 s 1 are each amended to 6
read as follows: 7
(1) Except as otherwise provided by law, including subsection (2) 8
of this section, there will be no collection of overpayments and 9
other debts due the department after the expiration of six years from 10
the date of notice of such overpayment or other debt unless the 11
department has commenced recovery action in a court of law or unless 12
an administrative remedy authorized by statute is in place. However, 13
any amount due in a case thus extended shall cease to be a debt due 14
the department at the expiration of ((ten)) 10 years from the date of 15
the notice of the overpayment or other debt unless a court-ordered 16
remedy would be in effect for a longer period. 17
(2) There will be no collection of debts due the department after 18
the expiration of ((twenty)) 20 years from the date a lien is 19
recorded pursuant to RCW 43.20B.080. 20
Z-0064.4
HOUSE BILL 1243
State of Washington 69th Legislature 2025 Regular Session
By Representatives Simmons, Eslick, Leavitt, Farivar, and Wylie; by
request of Department of Social and Health Services
Prefiled 01/10/25. Read first time 01/13/25. Referred to Committee
on Early Learning & Human Services.
p. 1 HB 1243
(3) The department, at any time, may accept offers of compromise 1
of disputed claims or may grant partial or total write-off of any 2
debt due the department if it is no longer cost-effective to pursue. 3
The department shall adopt rules establishing the considerations to 4
be made in the granting or denial of a partial or total write-off of 5
debts. 6
(4) Notwithstanding the requirements of RCW 43.20B.630, 7
43.20B.635, 43.20B.640, and 43.20B.645, the department may waive all 8
efforts to collect overpayments from a client when the department 9
determines that the elements of equitable estoppel as set forth in 10
WAC 388-02-0495, as it existed on January 1, 2012, are met.11
(5) Beginning July 1, 2025, the department may waive all efforts 12
to collect overpayments of the aged, blind, or disabled assistance 13
program under RCW 74.62.030 and to functionally disabled clients 14
receiving services and supports provided under chapters 74.39, 74.39A 15
and 71A.12 RCW. The department shall adopt rules establishing the 16
circumstances when the department will waive efforts at collection.17
NEW SECTION. Sec. 2. This act is necessary for the immediate 18
preservation of the public peace, health, or safety, or support of 19
the state government and its existing public institutions, and takes 20
effect July 1, 2025.21
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p. 2 HB 1243