wa-26-20-077: Social and Health Services, Department of — WSR 26-20-077

WSR 26-20-077 (26-20)WSR 26-20-077PROPOSED RULESDEPARTMENT OFSOCIAL AND HEALTH SERVICES(Economic Services Administration)[Filed October 5, 2026, 8:20 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-17-038.Title of Rule and Other Identifying Information: The department of social and health services (DSHS) is proposing amendments to WAC 388-444-0010 Who is exempt from work registration while receiving basic food?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 are necessary to align WAC with federal rules regarding eligibility for a work registration exemption for food assistance when caring for an incapacitated person.Reasons Supporting Proposal: See above.Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.08A.120, and 74.09.035.Rule is necessary because of federal law, 7 C.F.R. 273.7 (b)(ii)(iv).Name of Proponent: DSHS, governmental.Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Alexis Miller, P.O. Box 45470, Olympia, WA 98504-5470, 253-579-3144.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: 7 C.F.R. 273.7 (b)(ii)(iv). Failure to comply with these rules could result in audit findings and misalignment with federal rules and regulations.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-5147.1AMENDATORY SECTION(Amending WSR 22-01-201, filed 12/21/21, effective 2/1/22)WAC 388-444-0010Who is exempt from work registration while receiving basic food?If you receive basic food, you are exempt from work registration and the requirements in chapter 388-444 WAC if you meet any one of the following conditions:(1) Are age ((sixteen))16 or ((seventeen))17, and:(a) Not the head of household;(b) Attend school; or(c) Are enrolled at least half time (using the institutions definition) in an employment and training program under:(i) The Workforce Innovation and Opportunity Act of 2014 (WIOA);(ii) Section 236 of the Trade Act of 1974; or(iii) A state or local employment and training program.(2) You are a student age ((eighteen))18 or older enrolled at least half time as defined by the institution in:(a) Any accredited school;(b) A training program; or(c) An institution of higher education. If you are enrolled in higher education, you must meet the requirements under WAC 388-482-0005 to be eligible for basic food benefits.(3) You are an employed or self-employed person working at least ((thirty))30 hours per week, or receiving weekly earnings equal to the federal minimum wage multiplied by ((thirty))30;(4) You are complying with the work requirements of an employment and training program under temporary assistance for needy families (TANF);(5) You receive unemployment compensation (UC) benefits or have an application pending for UC benefits;(6) You are responsible to care for:(a) A dependent child under age six; or(b) A person with an incapacity that meets the requirements of WAC 388-310-0350 (1)(d)(i)((,))and (ii)((, (iv), and (v), except the)). The incapacitated person does not need to be related to you ((as stated in (1)(d)(v))).(7) You are physically or mentally unable to work as determined below:(a) A DSHS SSI facilitator has assessed you as likely to be approved for SSI or other benefits and are required to apply for SSI or another type of federal disability benefit (such as railroad retirement or Social Security disability) and your SSI application status may be verified through either the SSI facilitator or state data exchange, or both;(b) You have a severe and chronic mental, physical, emotional, or cognitive disability that prevents you from participating in work or work activities for at least ((thirty))30 hours a week; or(c) We verify your disability using documentation from DDA, DVR, HCS, MHD, or RSN, or by one of the medical or mental health professionals listed in WAC 388-310-0350(2).(8) You regularly participate in a drug addiction or alcoholic treatment and rehabilitation program as defined by the Food Stamp Act of 1977.(9) You are not legally able to work due to your immigration status.