WSR 25-17-064
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed August 18, 2025, 11:36 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 25-12-104.
Title of Rule and Other Identifying Information: The department of social and health services (DSHS) is proposing to amend WAC 388-400-0065 Housing and essential needs (HEN).
Hearing Location(s): On September 23, 2025, at 10:00 a.m., virtually via Teams or call in. See the DSHS website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information.
Date of Intended Adoption: Not before September 24, 2025.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, beginning noon on August 20, 2025, by 5:00 p.m. on September 23, 2025.
Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, TTY 711 relay service, email shelley.tencza@dshs.wa.gov, by 5:00 p.m. on September 9, 2025.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These amendments implement provisions of ESSB 5232 (chapter 408, Laws of 2025), related to the HEN program.
Reasons Supporting Proposal: See above.
Statute Being Implemented: ESSB 5232 (chapter 408, Laws of 2025).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Aman Gill, P.O. Box 45470, Olympia, WA 98504, 360-407-4447.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. These rules are exempt as allowed under RCW
34.05.328 (5)(b)(vii) which states in part, "[t]his section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents.["]
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rule content is explicitly and specifically dictated by statute.
Explanation of exemptions: These amendments do not impact small businesses. They only impact DSHS customers.
Scope of exemption for rule proposal:
Is fully exempt.
August 12, 2025
Katherine I. Vasquez
Rules Coordinator
SHS-5101.1
AMENDATORY SECTION(Amending WSR 13-24-044, filed 11/26/13, effective 1/1/14)
WAC 388-400-0065Housing and essential needs (HEN).
(1) For the purposes of this chapter:
(a) "Commerce" means the Washington state department of commerce.
(b) "Department" means the department of social and health services (DSHS).
(c) "Housing support" means assistance provided to maintain existing housing or to obtain housing or utilities.
(d) "Essential needs items" means personal health and hygiene items, cleaning supplies, transportation passes, and other personal needs items.
(2) What is housing and essential needs (HEN)? Within available funds, HEN provides housing support and essential needs items to eligible individuals.
(3) Who administers HEN? HEN is administered by commerce through its network of local contracted HEN providers.
(4) Who determines eligibility for HEN?
(a) The department determines eligibility for referral to the HEN program and sends you a notice to say whether you are eligible for referral.
(b) After the department determines you eligible for a HEN referral, the local HEN provider decides whether you can receive HEN, and what benefits you can receive based on guidelines established by commerce and available funding.
(((c) Within their funding, the local HEN provider can continue your benefits as long as you remain eligible for referral to the HEN program.))
(5) If your notice from the department says you are eligible for HEN referral, you must contact your local HEN provider to apply for housing supports and essential needs items. Referral to the HEN program does not guarantee that you will receive HEN.