SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed December 14, 2023, 9:40 a.m., effective January 14, 2024]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is adopting amendments to WAC 388-447-0120 How does substance use affect my eligibility for referral to the housing and essential needs (HEN) program? and 388-449-0220 How does substance use affect my eligibility for the aged, blind, or disabled (ABD) cash and pregnant women assistance (PWA) programs? These amendments implement provisions of ESHB 1260 (chapter 289, Laws of 2023) that expand circumstances where good cause for failing to participate in substance use disorder assessment or treatment as a condition of eligibility must be found for the ABD, HEN referral, and PWA programs.

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.

Adopted under notice filed as WSR 23-20-038 on September 27, 2023.

Changes Other than Editing from Proposed to Adopted Version: Made additional amendments strengthening "good cause" exception definitions. The department added "unless you have good cause" under WAC 388-447-0120(1).

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.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: December 14, 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 unless you have good cause.

(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.