Department of Social & Health Services v. Olver

131 Wash. 2d 104
CourtWashington Supreme Court
DecidedJanuary 9, 1997
DocketNos. 63616-8; 63713-0
StatusPublished
Cited by1 cases

This text of 131 Wash. 2d 104 (Department of Social & Health Services v. Olver) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Social & Health Services v. Olver, 131 Wash. 2d 104 (Wash. 1997).

Opinions

Madsen, J.

The personal representative of decedent Margaret O. Burns and the co-personal representatives of decedent Doris R. Wheeler dispute the State’s recovery, under former RCW 43.20B.140, for preenactment or pre-amendment medical care benefits, provided to the decedents during their lifetimes. The trial courts in both cases issued summary judgment in favor of the Estates. The Court of Appeals reversed. We find that recovery of preen-actment or preamendment benefits constitutes improper [107]*107retroactive application of the statute and reverse the Court of Appeals.

STATEMENT OF THE CASE

Michael Olver is the personal representative for the estate of Margaret O. Burns. From March 1986, until her death in 1993, Ms. Burns received medical care benefits from the Department of Social and Health Services (DSHS). In 1987, Washington enacted a provision authorizing DSHS to recover the cost of medical care benefits from the recipient’s estate after her death. See former RCW 43.20B.140. When Ms. Burns died in 1993, DSHS filed a claim against her estate for reimbursement of all benefits she had received starting in 1986. The amount of the claim was $17,259.31. The personal representative allowed DSHS to recover only the benefits paid after the statute’s enactment in 1987. DSHS therefore recovered only $10,034.02.

DSHS sued the Burns Estate to recover the preenactment benefits. The parties stipulated to the facts and filed cross motions for summary judgment. The trial court granted the Estate’s motion. The Court of Appeals reversed and instructed the trial court to enter judgment in favor of DSHS.

Richard T. Wheeler and James A. Wheeler are co-personal representatives for the estate of their mother, Doris R. Wheeler. Between June 1991 and her death on August 16, 1993, Ms. Wheeler received $49,604.18 in medical benefits from the State. Ms. Wheeler left her entire estate, with total assets of $73,000, to her two adult children. When Ms. Wheeler started receiving benefits the recovery statute allowed a $50,000 exemption if any children survived the beneficiary. Beyond this exempted amount, the statute permitted DSHS to claim up to 35 percent of remaining estate assets. Former RCW 43.20B.140(l)(c). On July 25, 1993, approximately one month before Ms. Wheeler died, the Legislature eliminated [108]*108the $50,000 exemption and allowed only $2,000 set aside for personal property. Laws of 1993, ch. 272, § 2. Between the effective date of this amendment and her death, Ms. Wheeler received $791.34 in medical benefits.

After Ms. Wheeler died, DSHS filed a claim against the Wheeler Estate for $49,604.18. DSHS argues that the 1993 amendment eliminating the $50,000 exemption applies to all estates arising after the amendment’s effective date. In contrast, the Estate argues that even when an estate arises after that date, the amendment does not apply to preen-actment benefits. The Estate therefore calculated the Department’s recovery for benefits received before July 25, 1993, according to the preamendment statute. With the $50,000 exemption, and 35 percent cap on remaining estate assets, DSHS recovered $8,000 ($73,000 - 50,000 = 23,000 x 35% = $8,000).

In addition to the $8,000 amount, the Wheeler Estate also allowed the Department to recover $791.34 for benefits received after July 25, 1993. The Estate later paid the full amount claimed by DSHS to avoid accruing interest, and counterclaimed for a refund. The parties filed cross motions for summary judgment. The trial court entered judgment in favor of the Wheeler Estate. The Court of Appeals reversed in an unpublished opinion.

The Burns Estate challenges the application of RCW 43.20B.140; whereas, the Wheeler Estate challenges the application of the statute’s amendment at RCW 43.20B.140(l)(c). Both cases, however, present the same central issue of whether these provisions apply to preen-actment or preamendment benefits. This court granted review in In re Estate of Burns, No. 63616-8, on April 9, 1996. In re Estate of Wheeler, No. 63713-0, was consolidated with Burns on May 8, 1996.

DISCUSSION

In 1982, Congress enacted the Tax Equity and Fiscal Responsibility Act (TEFRA), which gives the states sev[109]*109eral optional methods of recovering payments for medical care. These methods give the states access to the home equity of Medicaid recipients. In 1987, Washington chose one of these methods by adding a new section, RCW 74.09.750, under "Revenue Recovery Procedures Revised for the Department of Social and Health Services.” Laws of 1987, ch. 283, § 13. The new section was later recodified as former RCW 43.20B.140. Until July 1993, when the Legislature eliminated the $50,000 exemption in RCW 43.20B.140(l)(c), the statute provided in relevant part:

(1) The department is authorized to recover the cost of medical care provided to a recipient who was sixty-five years or older, upon the recipient’s death except:
(a) Where there is a surviving spouse; or
(b) Where there is a surviving child under 21 years of age or blind or disabled as defined in the state plan under Title XIX of the social security act; or
(c) To the extent of the first fifty thousand dollars of the estate value at the time of death, where there are surviving children other than as defined above, and not to exceed thirty-five percent of the remainder.
(2) The department may assert and enforce a claim against the estate of the deceased recipient for the debt in subsection (1) of this section, in accordance with chapter 11.40 RCW.
(3) The remedies in subsection (2) of this section are nonexclusive and upon the death of the recipient, the department shall have a lien for the debt in subsection (1) of this section. The lien attaches to the real property of which the deceased recipient was seized immediately before death. Upon subsequent filing of the notice . . . the lien shall be deemed to relate back and be effective against such property as of the date of the recipient’s death. Recovery under the lien shall be upon the sale or transfer of the subject property.

Former RCW 43.20B.140.

In 1993, the Legislature replaced the $50,000 exemption with the following language:

For family heirlooms, collectibles, antiques, papers, [110]

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Related

Estate of Burns
928 P.2d 1094 (Washington Supreme Court, 1997)

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Bluebook (online)
131 Wash. 2d 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-social-health-services-v-olver-wash-1997.