# WAC 182-501-0100: WAC 182-501-0100. Subrogation

> Washington · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0100

## Section

- **Citation:** WAC 182-501-0100
- **Heading:** WAC 182-501-0100. Subrogation
- **Jurisdiction:** Washington
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Administrative Code / Title 182 / Chapter 182-501 / Section 182-501-0100

## Text

(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 medicaid agency 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 agency under RCW 41.05A.070 , 43.20B.060 , and 74.09.180 .
(4) The agency 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 agency 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 agency 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 under RCW 41.05A.050 through 41.05A.070 , 43.20B.040 through 43.20B.070 , 74.09.180 , and 74.09.185 .
(6) Notice to the agency and determining the reimbursement amount:
(a) The client or the client's legal representative must notify the agency in writing when filing any claim against a third party, commencing an action at law, negotiating a settlement, or accepting an offer from the liable third party. Send notices under this section to:
Health Care Authority
COB Casualty Unit
P.O. Box 45561
Olympia, WA 98504-5561
Fax: 360-753-3077
(b) The client or the client's legal representative must give the agency documentation proposing allocation of damages, if any, to be used for settlement or to be proven at trial.
ion at law, negotiating a settlement, or accepting an offer from the liable third party. Send notices under this section to:
Health Care Authority
COB Casualty Unit
P.O. Box 45561
Olympia, WA 98504-5561
Fax: 360-753-3077
(b) The client or the client's legal representative must give the agency 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 agency to determine the appropriate reimbursement amount for payments the agency made for the client's benefit.
(d) If the client and the agency cannot agree upon the appropriate reimbursement amount, any party may bring a motion in superior court for a hearing to determine the amount of reimbursement to the agency from settlement or judgment proceeds.
(7) The agency director or the director's designee must consent in writing to any discharge or compromise of any settlement or judgment of a lien created under RCW 41.05A.070 and 43.20B.060 . The agency 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 agency based on its assignment, lien, or subrogation rights.

## Nearby sections

- [WAC 182-501-0050 WAC 182-501-0050. Health care general coverage](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0050.md)
- [WAC 182-501-0055 WAC 182-501-0055. Health care coverage — How the agency determines coverage of services for its health care programs using health technology assessments](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0055.md)
- [WAC 182-501-0060 WAC 182-501-0060. Health care coverage — Program benefit packages — Scope of service categories](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0060.md)
- [WAC 182-501-0065 WAC 182-501-0065. Health care coverage — Description of service categories](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0065.md)
- [WAC 182-501-0070 WAC 182-501-0070. Health care coverage — Noncovered services](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0070.md)
- [WAC 182-501-0100 WAC 182-501-0100. Subrogation](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0100.md)
- [WAC 182-501-0125 WAC 182-501-0125. Advance directives](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0125.md)
- [WAC 182-501-0135 WAC 182-501-0135. Patient review and coordination (PRC)](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0135.md)
- [WAC 182-501-0160 WAC 182-501-0160. Exception to rule—Request for a noncovered health care service](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0160.md)
- [WAC 182-501-0163 WAC 182-501-0163. Health care coverage — Process for submitting a valid request for authorization](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0163.md)
- [WAC 182-501-0165 WAC 182-501-0165. Medical and dental coverage — Fee-for-service (FFS) prior authorization — Determination process for payment](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0165.md)
- [WAC 182-501-0169 WAC 182-501-0169. Health care coverage — Limitation extension](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0169.md)
- [WAC 182-501-0175 WAC 182-501-0175. Medical care provided in bordering cities](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0175.md)
- [WAC 182-501-0180 WAC 182-501-0180. Health care services provided outside the state of Washington — General provisions](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0180.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_182_501_0100. Check the current official text before relying on it. Not legal advice.
