Purpose: The department of social and health services (DSHS) is developing chapter 388-106H WAC, Health-related social needs (HRSN) program, which implements HRSN program services provided through the Washington state section 1115 medicaid demonstration waiver and ESSB 5187, the 2023-2025 Washington biennial operating budget. This emergency rule making will temporarily add subchapters to chapter 388-106H WAC for rent/temporary housing, community transition services, nutrition supports, caregiver respite services, and environmental accessibility and remediation adaptations to allow DSHS home and community services and developmental disabilities community services to begin administering these crucial services while permanent rules are filed. A CR-101 was filed under WSR 25-13-107 to begin the permanent rule-making process for the HRSN program services. DSHS is working collaboratively with the health care authority on HRSN rule making.

Citation of Rules Affected by this Order: New WAC 388-106H-0005, 388-106H-0010, 388-106H-0020, 388-106H-0030, 388-106H-0100, 388-106H-0110, 388-106H-0120, 388-106H-0130, 388-106H-2000, 388-106H-2010, 388-106H-2020, 388-106H-2030, 388-106H-2040, 388-106H-3000, 388-106H-3010, 388-106H-3020, 388-106H-3030, 388-106H-3040, 388-106H-4000, 388-106H-4010, 388-106H-4020, 388-106H-4030, 388-106H-4040, 388-106H-4050, 388-106H-5000, 388-106H-5010, 388-106H-5020, and 388-106H-5030.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and 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: Enacting these rules on an emergency basis is both necessary for preserving the health, safety, and general welfare of clients and required for state receipt of federal funds. Washington must establish emergency rules to administer HRSN services in compliance with the Washington Administrative Procedure Act and the 1115 waiver contract requirements specified in 42 C.F.R. 431.420 to continue receiving federal funds.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 28, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 28, Amended 0, Repealed 0.

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 25-22 issue of the Register.