WSR 26-10-032
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed April 29, 2026, 12:24 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 26-03-013.
Title of Rule and Other Identifying Information: The department of social and health services (DSHS) is proposing amendments to WAC 388-472-0040 What are the department's responsibilities in giving NSA services to me?
Hearing Location(s): On June 9, 2026, 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 earlier than June 10, 2026.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, beginning on May 6, 2026, noon, by June 9, 2026, 5:00 p.m.
Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, TTY 711 relay service, email Tenczsa@dshs.wa.gov, by June 9, 2026, 5:00 p.m.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendments will clarify how existing eligibility rules apply to state and federal cash and food programs when an application for recertification is received after a program's certification period ends. These amendments will improve clarity and better align rule language with federal supplemental nutrition assistance program (SNAP) regulations.
Reasons Supporting Proposal: See above.
Rule is necessary because of federal law, 7 C.F.R. 273.14 (e)(3).
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Joyce Hensen, P.O. Box 45470, Olympia, WA 98504-5470, 425-999-5162.
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, "this 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
19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: Under 7 C.F.R. 273.14 (e)(3) benefits must be prorated upon reopening when eligibility is reestablished after benefits end. Earlier reopening would constitute a payment error, potentially increasing Washington's SNAP payment error rate, and incurring increased state share of program costs.
Explanation of exemptions: These amendments do not impact small businesses. They only impact DSHS customers.
Scope of exemption for rule proposal:
Is fully exempt.
April 21, 2026
Katherine I. Vasquez
Rules Coordinator
SHS-5136.2
AMENDATORY SECTION(Amending WSR 13-18-004, filed 8/22/13, effective 10/1/13)
WAC 388-472-0040What are the department's responsibilities in giving NSA services to me?
(1) All of our staff are continually responsible to identify you as possibly NSA eligible and assist you with NSA services.
(2) We provide a grace period to continue your ((financial or food))aged, blind, or disabled (ABD) or housing and essential needs (HEN) referral assistance when:
(a) We stop a benefit because we are unable to tell if you continue to qualify; and
(b) You provide proof you still qualify for the benefit within the ((twenty))20 days right after the benefit stops. We restore lost benefits, recalculate your cash ((and food)) assistance, and issue you the correct amount without taking away any benefits as long as you were eligible to receive them.
(3) We provide a grace period to continue your food, temporary assistance to needy families (TANF), state family assistance (SFA), or refugee cash assistance (RCA) when:
(a) We stop a benefit during a certification period because we are unable to tell if you continue to qualify; and
(b) You provide proof you still qualify for the benefit within the 20 days right after the benefit stops. We restore lost benefits, recalculate your cash and food assistance, and issue you the correct amount without taking away any benefits as long as you were eligible to receive them.
(4) When your benefits close at the end of a certification period for food, TANF, SFA, or RCA, you must reapply according to WAC 388-434-0010 and 388-434-0005. If you don't reapply for assistance before the certification period ends, benefits will be prorated when assistance is reopened according to program rules. See: WAC 388-406-0012 and 388-406-0055.