(1) An attorney representing a
person who, as a result of injuries or illness sustained through
the negligence or wrong of another, has received, is receiving,
or has applied to receive assistance under chapter 74.09 RCW, or
residential care provided by the department at a hospital for the
mentally ill or habilitative care center for the developmentally disabled, shall:
(a) Notify the department at the time of filing any claim
against a third party, commencing an action at law, negotiating a
settlement, or accepting a settlement offer from the tort feasor
or the tort feasor's insurer, or both; and
(b) Give the department thirty days' notice before any
judgment, award, or settlement may be satisfied in any action or
any claim by the applicant or recipient to recover damages for
such injuries or illness.
(2) The proceeds from any recovery made pursuant to any
action or claim described in RCW 43.20B.060 that is necessary to
fully satisfy the department's lien against recovery shall be
placed in a trust account or in the registry of the court until
the department's lien is satisfied.
[1999 c 55 § 1; 1990 c 100 § 8.]
NOTES:
Application -- 1990 c 100 §§ 2, 4, 7(1), 8(2): See note following RCW 43.20B.060.