SB 5318 — Limiting estate recovery.

(((11))) (10) In disclosing estate recovery costs to potential clients, and to family members at the consent of the client, the authority shall provide a written description of the community service options.

Sec.

2.

(3) In the case of an individual who was fifty-five years of age or older when the individual received medical assistance, the p.department shall seek adjustment or recovery from the individual's estate, and from nonprobate assets of the individual as defined by RCW 11.02.005, but only for medical assistance consisting of nursing facility services, home and community-based services, other services that the department determines to be appropriate, and related hospital and prescription drug services.

3Recovery SSB 5318 department shall seek adjustment or recovery from the individual'sp. estate, and from nonprobate assets of the individual as defined by RCW 11.02.005, but only for medical assistance consisting of nursing facility services, home and community-based services, other services that the department determines to be appropriate, and related hospital and prescription drug services.

Recovery1 fromSB the5318 individual's estate, including foreclosure of liens imposed under this section, shall be undertaken as soon as practicable, consistent with 42 U.S.C.

(b) The value of the joint tenancy interest subject to the lien shall be the value of the decedent's fractional interest the p.recipient would have owned in the jointly held interest in the property had the recipient and the surviving joint tenants held title to the property as tenants in common on the date of the recipient's death.

4(c) SSBThe 5318department recipientmay wouldnot haveenforce owned in the jointlylien heldprovided interestby inthis thesubsection propertyagainst hada thebona recipientfide andpurchaser theor survivingencumbrancer jointthat tenantsobtains heldp. title to the property as tenants in common on the date of the recipient's death.

(c)2 TheSB department5318 may not enforce the lien provided by this subsection against a bona fide purchaser or encumbrancer that obtains an interest in the property after the death of the recipient and before the department records either its lien or the request for notice of transfer or encumbrance as provided by RCW 43.20B.750.

3.2.

p.(1) The resident has the right to manage his or her financial affairs, and the facility may not require residents to deposit their personal funds with the facility.

5 SSB 5318 (1) The resident has the right to manage his or her financial affairs, and the facility may not require residents to deposit their personal funds with the facility.

(a)p. The facility must deposit a resident's personal funds in excess of one hundred dollars in an interest-bearing account or accounts that is separate from any of the facility's operating accounts, and that credits all interest earned on residents' funds to that account.

3 SB 5318 (a) The facility must deposit a resident's personal funds in excess of one hundred dollars in an interest-bearing account or accounts that is separate from any of the facility's operating accounts, and that credits all interest earned on residents' funds to that account.

(5) If any funds in excess of one hundred dollars are paid to an adult family home by the resident or resident representative, as a security deposit for performance of the resident's obligations, or as prepayment of charges beyond the first month's residency, the funds shall be deposited by the adult family home in an interest-bearing p.account that is separate from any of the home's operating accounts, and that credits all interest earned on the resident's funds to that account.

6 SSB 5318 account that is separate from any of the home's operating accounts, and that credits all interest earned on the resident's funds to that account.

The adult family home may not commingle resident fundsp. from these accounts with the adult family home's funds or with the funds of any person other than another resident.

4 SB 5318 funds from these accounts with the adult family home's funds or with the funds of any person other than another resident.

(8) If, during the stay of the resident, the status of the adult family home licensee or ownership is changed or transferred to another, any funds in the resident's accounts affected by the change or transfer shall simultaneously be deposited in an equivalent account or accounts by the successor or new licensee or owner, who shall promptly notify the resident or resident representative to the p.extent provided by law, in writing of the name, address, and location of the new depository.

7(9) SSBBecause 5318it extentis provideda matter of great public importance to protect residents who need long-term care from deceptive disclosures and unfair retention of deposits, fees, or prepaid charges by law,adult infamily writinghomes, a violation of thethis name,section address,or andRCW location70.129.150 shall be construed for purposes of the newconsumer depository.protection act, chapter 19.86 p.

(9)5 BecauseSB it5318 is a matter of great public importance to protect residents who need long-term care from deceptive disclosures and unfair retention of deposits, fees, or prepaid charges by adult family homes, a violation of this section or RCW 70.129.150 shall be construed for purposes of the consumer protection act, chapter 19.86 RCW, to constitute an unfair or deceptive act or practice or an unfair method of competition in the conduct of trade or commerce.

86 SSBSB 5318