Wash. Rev. Code » Title 74 · Chapter 74.09
Revised Code of Washington

Wash. Rev. Code § 74.09.180 (2026)

✓ current as of May 2026
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(1) The provisions of this chapter shall not apply to recipients whose personal injuries are occasioned by negligence or wrong of another: PROVIDED, HOWEVER, That the director may furnish assistance, under the provisions of this chapter, for the results of injuries to or illness of a recipient, and the authority shall thereby be subrogated to the recipient's rights against the recovery had from any tort feasor or the tort feasor's insurer, or both, and shall have a lien thereupon to the extent of the value of the assistance furnished by the authority. To secure reimbursement for assistance provided under this section, the authority may pursue its remedies under RCW 41.05A.070.
(2) The rights and remedies provided to the authority in this section to secure reimbursement for assistance, including the authority's lien and subrogation rights, may be delegated to a *managed health care system by contract entered into pursuant to RCW 74.09.522. A *managed health care system may enforce all rights and remedies delegated to it by the authority to secure and recover assistance provided under a *managed health care system consistent with its agreement with the authority.
[ 2011 1st sp.s. c 15 s 11; 1997 c 236 s 1; 1990 c 100 s 2; 1987 c 283 s 14; 1979 ex.s. c 171 s 14; 1971 ex.s. c 306 s 1; 1969 ex.s. c 173 s 8; 1959 c 26 s 74.09.180. Prior: 1955 c 273 s 19.]

Notes:

*Reviser's note: RCW 74.09.522 was amended by 2023 c 51 s 43, removing the definition of "managed health care system" and changing "managed health care system" to "managed care organization."
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.
Application—1990 c 100 ss 2, 4, 7(1), 8(2): See note following RCW 43.20B.060.
Severability—Savings—1987 c 283: See notes following RCW 43.20A.020.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
Notes of Decisions
Cited in 16 cases, 1995–2008 · leading case: Wilson v. State, 142 Wash. 2d 40 (Wash. 2000).
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Wilson v. State, 142 Wash. 2d 40 (Wash. 2000). · cites it 9× “RCW 74.09.180, 74.09.185, and RCW 43.20B.”
Wilson v. State, 10 P.3d 1061 (Wash. 2000). · cites it 9× “RCW 74.09.180, .185, and RCW 43.20B.060 fulfill this requirement.”
Patterson v. Horton, 929 P.2d 1125 (Wash. Ct. App. 1997). · cites it 3× “Paulsen, 78 Wn. App. at 669-70, 672. Patterson claims that Paulsen is factually distinguishable in that Paulsen settled his claim while Patterson recovered her damages through litigation and that, in her case, DSHS might be able to recover its funds by seeking criminal…”
Est. of Burns, 928 P.2d 1094 (Wash. 1997). · cites it 2× “[7] This policy finds expression in RCW 74.09.180 (enacted by Laws of 1959, ch.”
Paulsen v. Dep't of Soc. & Health, 898 P.2d 353 (Wash. Ct. App. 1995). · cites it 4× “In this case, this court is asked to decide whether the State's statutory right to recover medical payments made under RCW 74.09.180 and 43.20B.060 is subject to equitable subrogation principles, which allow recovery only after the injured party is fully compensated for his…”
Roberts v. Total Health Care, Inc., 709 A.2d 142 (Md. 1998). “); Wash. Rev.Code Ann. § 74.09.180 (1994); W.”
State v. Peters, 946 A.2d 1231 (Conn. 2008). “060 (1998); Wash. Rev. Code § 74.09.180 (2001); Wis. Stat.”
British Columbia Ministry of Health v. Homewood, 970 P.2d 381 (Wash. Ct. App. 1999). · cites it 2× “law, it may or may not be that under equitable subrogation principles, settlement proceeds are deemed first to go to general damages and then to special damages—as is the case in Washington—to determine whether there has been full or partial recovery of medical expenses arising…”
In Re Heard, 963 P.2d 818 (Wash. 1998). “RCW 74.09.180; RCW 43.20B.060. DSHS may compromise the amount of the lien with the recipient.”
Alston v. Blythe, 88 Wash. App. 26 (Wash. Ct. App. 1997). “”); WAC 388-87-010(9) ("A provider may bill a client for noncovered services only when the:.”
Alston v. Blythe, 943 P.2d 692 (Wash. Ct. App. 1997). “for a service included in the client's medical program's scope of benefits."); WAC 388-87-010(9) ("A provider may bill a client for noncovered services only when the: .”
State v. Hahn, 100 Wash. App. 391 (Wash. Ct. App. 2000). “See RCW 74.09.180; RCW 43.20B.060 (provisions authorizing DSHS to seek reimbursement).”
Show all 16 citing cases →
— Wash. Rev. Code § 74.09.180(1) — 2 cases
Wilson v. State, 142 Wash. 2d 40 (Wash. 2000). “RCW 74.09.180, 74.09.185, and RCW 43.20B.”
Wilson v. State, 10 P.3d 1061 (Wash. 2000). “RCW 74.09.180, .185, and RCW 43.20B.060 fulfill this requirement.”
— Wash. Rev. Code § 74.09.180(i) — 1 case
Wilson v. State, 142 Wash. 2d 40 (Wash. 2000). “RCW 74.09.180, 74.09.185, and RCW 43.20B.”
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