43.20B.710 Medical assistance—Improper transfer or assignment of resources—Penalty—Presumption, rebuttal

43.20B.710 Medical assistance—Improper transfer or assignment of resources—Penalty—Presumption, rebuttal—Attorney's fees.

WA Rev Code § 43.20B.710 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

RCW 43.20B.710 Medical assistance—Improper transfer or assignment of resources—Penalty—Presumption, rebuttal—Attorney's fees.

If cash or resources are improperly transferred or assigned under *RCW 74.09.538, a person who knowingly or willingly receives the assets for less than fair market value is liable for a civil penalty equal to the uncompensated value of the cash or resources transferred or assigned at less than fair market value. The civil penalty shall not exceed the cost of assistance rendered by the department to the applicant or recipient. The person may rebut the presumption that the transfer or assignment was made for the purpose of enabling the applicant or recipient to qualify or continue to qualify for assistance. The prevailing party in such an action shall be awarded reasonable attorney's fees.

[ 1987 c 75 § 47.]

NOTES:

*Reviser's note: RCW 74.09.538 was repealed by 1989 c 87 § 11.

Transfer of spousal resources: RCW 74.09.530 through 74.09.595.

Previous Section

43.20B.695 Vendor overpayments—Interest—Exceptions.

Next Section

43.20B.720 Recipient receiving industrial insurance compensation—Subrogation rights of department—Lien—Withhold and deliver notice.