wa-26-20-076: Social and Health Services, Department of — WSR 26-20-076

WSR 26-20-076 (26-20)WSR 26-20-076PROPOSED RULESDEPARTMENT OFSOCIAL AND HEALTH SERVICES(Economic Services Administration)[Filed October 5, 2026, 8:16 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-17-037.Title of Rule and Other Identifying Information: The department of social and health services (DSHS) is proposing amendments to WAC 388-452-0005 Do I have to be interviewed in order to get cash and basic food benefits?Hearing Location(s): On November 10, 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 November 11, 2026.Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, beginning October 7, 2026, at noon, by November 10, 2026, at 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 October 27, 2026, at 5:00 p.m.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These amendments align with the United States Department of Agriculture (USDA) Food and Nutrition Administration's (FNA) modification of Washington's elderly simplified application project (ESAP), and limit ESAP eligibility to adults who are disabled or 65 years of age or older. Effective November 1, 2026, those age 60-64, will no longer be ESAP eligible.Reasons Supporting Proposal: See above.Statutory Authority for Adoption: RCW 74.04.005, 74.04.0052, 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.04.655, 74.04.770, 74.04.805, 74.08.025, 74.08.043, 74.08.090, 74.08.335, 74.08A.100, and 74.62.030.Rule is necessary because of federal law, H.R.1 (P.L. 119-21) and revision of the USDA waiver to operate ESAP.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: H.R.1 (P.L. 119-21) and revision of the FNA waiver to operate the ESAP demonstration project. Failure to comply with these regulations could result in audit findings and legal and financial risks or consequences to the state.Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and 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.Is exempt under RCW 19.85.025(4).Is exempt under RCW 34.05.328 (5)(b)(vii).Explanation of exemptions: These amendments do not impact small businesses. They only impact DSHS customers.Scope of exemption for rule proposal:Is fully exempt.September 29, 2026Katherine I. VasquezRules CoordinatorSHS-5152.1AMENDATORY SECTION(Amending WSR 23-01-057, filed 12/14/22, effective 1/14/23)WAC 388-452-0005Do I have to be interviewed in order to get cash and basic food benefits?(1) You or your authorized representative must have an interview with the department:(a) At initial certification, unless you meet requirements in subsection (9) of this section; and(b) At least once every 12 months, unless you meet the requirements in subsections (8)(b) or (9) of this section.(2) You will have just one interview even if you are applying for or are having a review for benefits from more than one program.(3) We hold interviews either in person or over the phone.(4) If we do not interview you on the same day that we receive your application, we will schedule an interview appointment for you or have you contact us by phone during our business hours to complete your interview.(5) If we schedule an interview, we will set your appointment to allow you at least 10 days after the interview to provide needed verification:(a) Before the end of the 30-day processing period for applications; or(b) Before your certification period ends for eligibility reviews or recertifications.(6) If you miss your first interview and ask for another interview within 30 days of the date you applied for benefits, we schedule a second interview or have you call us and complete the interview over the phone.(7) If you must have an interview for benefits, you or someone who can give us the information we need about your AU must participate in the interview. You may ask any person you choose to help with your interview.(8) For basic food only:(a) Your authorized representative as described in WAC 388-460-0005 may take your place during your interview.(b) We may waive the interview requirement at recertification if the household meets the elderly simplified application project (ESAP) criteria:(i) All members of the household are ((elderly))65 years of age or older or disabled adults, as defined in WAC 388-400-0040;(ii) No mandatory or applying household members have earned income;(iii) The paper or electronic eligibility review is complete;(iv) The household has provided all necessary verification or the verification is available through interfaces available to the department; and(v) No information provided is unclear or incomplete requiring a request for verification.(9) For ABD cash assistance, we waive the interview requirement at application and recertification if you reside in a public institution, as defined in WAC 182-500-0050.