SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed July 19, 2023, 1:36 p.m., effective July 23, 2023]

Effective Date of Rule: July 23, 2023.

Purpose: The department is adopting emergency amendments to WAC 388-447-0120 How does alcohol or drug dependence affect my eligibility for referral to the housing and essential needs (HEN) program?, and 388-449-0220 How does alcohol or drug dependence affect my eligibility for the ABD cash and pregnant women assistance programs?, to expand good cause reasons for not participating in substance use disorder assessment or treatment as a condition of eligibility for the aged, blind, or disabled, housing and essential needs referral, and pregnant women assistance programs. These amendments are necessary to implement ESHB 1260 (chapter 289, Laws of 2023), effective July 23, 2023.

Citation of Rules Affected by this Order: Amending WAC 388-447-0120 and 388-449-0220.

Other Authority: ESHB 1260 (chapter 289, Laws of 2023).

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: These amendments are necessary to implement ESHB 1260 (chapter 289, Laws of 2023), effective July 23, 2023. The department is concurrently proceeding with the permanent rule-making process. Refer to CR-101 filed as WSR 23-13-026 on June 9, 2023.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: July 18, 2023.

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 13-24-044, filed 11/26/13, effective 1/1/14)

WAC 388-447-0120How does ((alcohol or drug dependence))substance use affect my eligibility for referral to the housing and essential needs (HEN) program?

(1) ((When we have information that indicates you may be chemically dependent,))You must complete a ((chemical dependency))substance use disorder assessment ((unless you have good cause to not do so))when we have information that indicates you may have a substance use disorder.

(2) You must participate in ((drug or alcohol))substance use treatment if a certified ((chemical dependency))substance use disorder professional indicates a need for treatment, unless you have good cause ((to not do so)). Good cause includes, but is not limited to,

(((3) We consider)) the following reasons((to be good cause for not following through with a chemical dependency assessment or treatment)):

(a) We determine that your physical or mental health impairment prevents you from participating in treatment((;)).

(b) The outpatient ((chemical dependency))substance use disorder treatment you need isn't available in the county where you live((; or)).

(c) The inpatient ((chemical dependency))substance use disorder treatment you need isn't available at a location you can reasonably access.

(d) You are a parent or other relative personally providing care for a minor child or an incapacitated individual living in your household, child care or day care is necessary for you to participate in substance use disorder treatment, and such care is not available.

(((4)))(3) If you refuse or ((fail to))do not complete an assessment or treatment without good cause, your HEN referral eligibility will end ((following advance notification rules under WAC 388-458-0030))until you provide proof you are pursuing an assessment or treatment as required.

AMENDATORY SECTION(Amending WSR 12-10-042, filed 4/27/12, effective 6/1/12)

WAC 388-449-0220How does ((alcohol or drug dependence))substance use affect my eligibility for the aged, blind, or disabled (ABD) cash and pregnant women assistance (PWA) programs?

(1) ((You))For purposes of ABD, you must complete a ((chemical dependency))substance use disorder assessment when we have information that indicates you may ((be chemically dependent))have a substance use disorder.

(2) For purposes of PWA, you must complete a substance use disorder assessment when we have information that indicates you may have a substance use disorder.

(((2)))(3) You must ((accept an assessment referral and)) participate in ((drug or alcohol))substance use disorder treatment if a certified ((chemical dependency counselor))substance use disorder professional indicates a need for treatment, unless you ((meet one of))have good cause. Good cause includes, but is not limited to, the following ((good cause)) reasons:

(a) We determine that your physical or mental health impairment prevents you from participating in treatment.

(b) The outpatient ((chemical dependency))substance use disorder treatment you need isn't available in the county you live in.

(c) You need inpatient ((chemical dependency))substance use disorder treatment at a location that you can't reasonably access.

(3) If you refuse or ((fail to))do not complete an assessment or treatment without good cause, your benefits will end until you provide proof you are pursuing an assessment or treatment as required.