WSR 26-12-053
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Home and Community Living Administration)
[Filed May 29, 2026, 2:57 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 25-13-107.
Title of Rule and Other Identifying Information: The proposed rules establish a chapter for the health-related social needs (HRSN) program under chapter 388-106H WAC. New sections include several subsections and WAC 388-106H-0005 What is the purpose of this chapter?, 388-106H-0010 What are the limits to the scope of the HRSN program services?, 388-106H-0020 What definitions apply to this chapter?, 388-106H-0030 Do I have the right to an administrative hearing while receiving HRSN services?, 388-106H-1000 Who is eligible to receive services through HRSN rent/temporary housing?, 388-106H-1010 What HRSN rent/temporary services are available?, 388-106H-1020 Who can provide HRSN rent/temporary housing services?, 388-106H-1030 What is the duration of services?, 388-106H-1040 Are there service limitations for rent/temporary housing, 388-106H-2000 What is the purpose of this subchapter?, 388-106H-2010 Who is eligible to receive services through HRSN nutritional supports?, 388-106H-2020 What are the service limitations for nutrition supports?, 388-106H-2030 Are there any service location limitations for nutrition supports?, 388-106H-2040 Who can provide nutrition support services?, 388-106H-3000 What is the purpose of this subchapter?, 388-106H-3010 Who is eligible to receive services through HRSN caregiver respite?, 388-106H-3020 What is the duration of caregiver respite services?, 388-106H-3030 Are there any service location limitations for caregiver respite services?, 388-106H-3040 What qualifications must a caregiver respite services provider meet?, 388-106H-4000 What is the purpose of this subchapter?, 388-106H-4010 Who is eligible to receive services through HRSN home accessibility, remediation, and adaptation devices?, 388-106H-4020 Where can services be provided?, 388-106H-4030 What qualifications must a provider meet?, 388-106H-4040 What types of providers can deliver services?, 388-106H-4050 Are home visits required to receive these benefits?, and 388-106H-4060 Are there any service limitations?
Hearing Location(s): On July 21, 2026, at 10:00 a.m., virtually via Teams or call in. See the department of social and health services (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 July 22, 2026.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, beginning noon on June 3, 2026, by 5:00 p.m. on July 21, 2026.
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 July 7, 2026.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rule making is to establish administrative regulations governing the HRSN program to enable the home and community living administration to administer rent/temporary housing, nutrition supports, caregiver respite services, home accessibility, remediation, and adaptation devices provided through the Washington state Section 1115 Medicaid Transformation Project (MTP 2.0) and ESSB 5187, 2023-2025 Washington biennial operating budget.
Reasons Supporting Proposal: See above.
Statute Being Implemented: ESSB 5187, 2023-2025 Washington biennial operating budget.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting: Lindsey Lozoskie, P.O. Box 45600, Olympia, WA 98504, 564-250-0756; Implementation and Enforcement: Whitney Joy Howard, P.O. Box 45600, Olympia, WA 98504, 360-791-2358.
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. Although this rule meets the definition of a significant legislative rule under RCW
34.05.328 (5)(c)(iii), the requirement for a cost-benefit analysis does not apply because rules of DSHS relating only to client medical or financial eligibility and rules concerning liability for care of dependents are exempt under RCW
34.05.328 (5)(b)(vii).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: These amendments do not impact small businesses. They only impact DSHS clients.
Scope of exemption for rule proposal:
Is fully exempt.
May 28, 2026
Katherine I. Vasquez
Rules Coordinator
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 26-13 issue of the Register.