WAC 388-527-2754 Assets not subject to recovery and other limits on recovery.

1. Recovery does not apply to the first fifty thousand dollars of the estate value at the time of death and is limited to thirty-five percent of the remaining value of the estate for services the client:

   1. Received before July 25, 1993; and

   2. When the client died with:

      1. No surviving spouse;

      2. No surviving child who is:

         1. Under twenty-one years of age;

         2. Blind; or

         3. Disabled.

      3. A surviving child who is twenty-one years of age or older.

2. For services received after July 24, 1993, all services recoverable under WAC 388-527-2742 will be recovered, even from the first fifty thousand dollars of estate value that is exempt above, except as set forth in subsections (3) through (8) of this section.

3. For a client who received services after July 24, 1993 and before July 1, 1994, the following property, up to a combined fair market value of two thousand dollars, is not recovered from the estate of the client:

   1. Family heirlooms;

   2. Collectibles;

   3. Antiques;

   4. Papers;

   5. Jewelry;

   6. Photos; and

   7. Other personal effects of the deceased client and to which a surviving child is entitled.

4. Certain properties belonging to American Indians/Alaska Natives (AI/AN) are exempt from estate recovery if at the time of death:

   1. The deceased client was enrolled in a federally recognized tribe; and

   2. The estate or heir documents the deceased client's ownership interest in trust or nontrust real property and improvements located on a reservation, near a reservation as designated and approved by the Bureau of Indian Affairs of the U.S. Department of the Interior, or located:

      1. Within the most recent boundaries of a prior federal reservation; or

      2. Within the Contract Health Service Delivery Area boundary for social services provided by the deceased client's tribe to its enrolled members.

5. Protection of trust and nontrust property under subsection (4) is limited to circumstances when the real property and improvements pass from an Indian (as defined in 25 U.S.C. Chapter 17, Sec. 1452(b)) to one or more relatives (by blood, adoption, or marriage), including Indians not enrolled as members of a tribe and non-Indians, such as spouses and step-children, that their culture would nonetheless protect as family members, to a tribe or tribal organization and/or to one or more Indians.

6. Certain AI/AN income and resources (such as interests in and income derived from tribal land and other resources currently held in trust status and judgment funds from the Indian Claims Commission and the U.S. Claims Court) are exempt from estate recovery by other laws and regulations.

7. Ownership interests in or usage rights to items that have unique religious, spiritual, traditional, and/or cultural significance or rights that support subsistence or a traditional life style according to applicable Tribal law or custom.

8. Government reparation payments specifically excluded by federal law in determining eligibility are exempt from estate recovery as long as such funds have been kept segregated and not commingled with other countable resources and remain identifiable.