Essential needs program uses

AN ACT Relating to updating eligible uses for the essential needs 1
and housing support program; and amending RCW 43.185C.220, 2
43.185C.230, 36.22.250, 74.04.005, 74.04.805, and 74.62.030.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 43.185C.220 and 2015 c 128 s 5 are each amended to 5
read as follows: 6
(1) The department shall distribute funds for the essential needs 7
and housing support program established under this section in a 8
manner consistent with the requirements of this section and the 9
biennial operating budget. The first distribution of funds must be 10
completed by September 1, 2011. Essential needs or housing support is 11
not an entitlement, and is only for ((persons));12
(a) Persons found eligible for such services under RCW 74.04.805; 13
and ((is not considered an entitlement))14
(b) At the discretion of the department, low or extremely low-15
income elderly or disabled adults who are transitioning off benefits 16
under RCW 74.04.805, receiving federal social security disability 17
benefits, and still have an immediate housing need. A referral from 18
the department of social and health services is not required for 19
these individuals. 20
Z-0298.1
SENATE BILL 5232
State of Washington 69th Legislature 2025 Regular Session
By Senators C. Wilson, Frame, Harris, Hasegawa, Nobles, and Saldaña;
by request of Department of Commerce
Read first time 01/14/25. Referred to Committee on Human Services.
p. 1 SB 5232
(2) The department shall distribute funds appropriated for the 1
essential needs and housing support program in the form of grants to 2
designated essential needs support and housing support entities 3
within each county. The department shall not distribute any funds 4
until it approves the expenditure plan submitted by the designated 5
essential needs support and housing support entities. The amount of 6
funds to be distributed pursuant to this section shall be designated 7
in the biennial operating budget. For the sole purpose of meeting the 8
initial distribution of funds date, the department may distribute 9
partial funds upon the department's approval of a preliminary 10
expenditure plan. The department shall not distribute the remaining 11
funds until it has approved a final expenditure plan.12
(3)(a) During the 2011-2013 biennium, in awarding housing support 13
that is not funded through the contingency fund in this subsection, 14
the designated housing support entity shall provide housing support 15
to clients who are homeless persons as defined in RCW 43.185C.010. As 16
provided in the biennial operating budget for the 2011-2013 biennium, 17
a contingency fund shall be used solely for those clients who are at 18
substantial risk of losing stable housing or at substantial risk of 19
losing one of the other services defined in RCW 74.62.010(6). For 20
purposes of this chapter, "substantial risk" means the client has 21
provided documentation that he or she will lose his or her housing 22
within the next thirty days or that the services will be discontinued 23
within the next thirty days. 24
(b) After July 1, 2013, the designated housing support entity 25
shall give first priority to clients who are homeless persons as 26
defined in RCW 43.185C.010 and second priority to clients who would 27
be at substantial risk of losing stable housing without housing 28
support. 29
(4) For each county, the department shall designate an essential 30
needs support entity and a housing support entity that will begin 31
providing these supports to medical care services program recipients 32
on November 1, 2011. Essential needs and housing support entities are 33
not required to provide assistance to every person referred to the 34
local entity or who meets the priority standards in subsection (3) of 35
this section. 36
(a) Each designated entity must be a local government or 37
community-based organization, and may administer the funding for 38
essential needs support, housing support, or both. Designated 39
entities have the authority to subcontract with qualified entities. 40
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Upon request, and the approval of the department, two or more 1
counties may combine resources to more effectively deliver services.2
(b) The department's designation process must include a review of 3
proficiency in managing housing or human services programs when 4
designating housing support entities. 5
(c) Within a county, if the department directly awards separate 6
grants to the designated housing support entity and the designated 7
essential needs support entity, the department shall determine the 8
amount allocated for essential needs support as directed in the 9
biennial operating budget. 10
(5)(a) Essential needs and housing support entities must use 11
funds distributed under this section as flexibly as is practicable to 12
provide essential needs items and housing support to recipients of 13
the essential needs and housing support program, subject to the 14
requirements of this section. Direct cash assistance is allowable.15
(b) ((Benefits provided under the essential needs and housing 16
support program shall not be provided to recipients in the form of 17
cash assistance.18
(c))) The department may move funds between entities or between 19
counties to reflect actual caseload changes. In doing so, the 20
department must: (i) Develop a process for reviewing the caseload of 21
designated essential needs and housing support entities, and for 22
redistributing grant funds from those entities experiencing reduced 23
actual caseloads to those with increased actual caseloads; and (ii) 24
inform all designated entities of the redistribution process. Savings 25
resulting from program caseload attrition from the essential needs 26
and housing support program shall not result in increased per -client 27
expenditures. 28
(((d))) (c) Essential needs and housing support entities must 29
partner with other public and private organizations to maximize the 30
beneficial impact of funds distributed under this section, and should 31
attempt to leverage other sources of public and private funds to 32
serve essential needs and housing support recipients. Funds 33
appropriated in the operating budget for essential needs and housing 34
support must be used only to serve persons eligible to receive 35
services under that program. 36
(6) The department shall use no more than five percent of the 37
funds for administration of the essential needs and housing support 38
program. ((Each essential needs and housing support entity shall use 39
no more than seven percent of the funds )) The department shall align 40
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the administration rate for essential needs and housing support 1
entities with other home security funded programs for administrative 2
expenses. 3
(7) The department shall: 4
(a) Require housing support entities to enter data into the 5
homeless client management information system; 6
(b) Require essential needs support entities to report on 7
services provided under this section; 8
(c) In collaboration with the department of social and health 9
services, submit a report annually to the relevant policy and fiscal 10
committees of the legislature. A preliminary report shall be 11
submitted by December 31, 2011, and must include (c)(i), (iii), and 12
(v) of this subsection. Annual reports must be submitted beginning 13
December 1, 2012, and must include: 14
(i) A description of the actions the department has taken to 15
achieve the objectives of chapter 36, Laws of 2011 1st sp. sess.;16
(ii) The amount of funds used by the department to administer the 17
program; 18
(iii) Information on the housing status of essential needs and 19
housing support recipients served by housing support entities, and 20
individuals who have requested housing support but did not receive 21
housing support; 22
(iv) Grantee expenditure data related to administration and 23
services provided under this section; and 24
(v) Efforts made to partner with other entities and leverage 25
sources or public and private funds; 26
(d) Review the data submitted by the designated entities, and 27
make recommendations for program improvements and administrative 28
efficiencies. The department has the authority to designate 29
alternative entities as necessary due to performance or other 30
significant issues. Such change must only be made after consultation 31
with the department of social and health services and the impacted 32
entity. 33
(8) The department, counties, and essential needs and housing 34
support entities are not civilly or criminally liable and may not 35
have any penalty or cause of action of any nature arise against them 36
related to decisions regarding: (a) The provision or lack of 37
provision of housing or essential needs support; or (b) the type of 38
housing arrangement supported with funds allocated under this 39
section, when the decision was made in good faith and in the 40
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performance of the powers and duties under this section. However, 1
this section does not prohibit legal actions against the department, 2
county, or essential needs or housing support entity to enforce 3
contractual duties or obligations. 4
Sec. 2. RCW 43.185C.230 and 2018 c 48 s 3 are each amended to 5
read as follows: 6
The department, in collaboration with the department of social 7
and health services, shall: 8
(1) Develop a mechanism through which the department and local 9
governments or community-based organizations can verify a person has 10
been determined eligible for a referral for essential needs and 11
housing support by the department of social and health services and 12
remains eligible for ((the essential needs and housing support 13
program)) a referral; and 14
(2) Provide a secure and current list of individuals eligible for 15
a referral to the essential needs and housing support program to 16
designated entities within each county. The list must be updated at 17
least monthly and include, as available and applicable, the eligible 18
individual's: 19
(a) Name; 20
(b) Address; 21
(c) Phone number; 22
(d) Shelter location; and 23
(e) Case manager contact information. 24
Sec. 3. RCW 36.22.250 and 2023 c 277 s 1 are each amended to 25
read as follows: 26
(1) A surcharge of $183 per instrument shall be charged by the 27
county auditor for each document recorded, which will be in addition 28
to any other charge authorized by law. The following are exempt from 29
this surcharge: 30
(a) Assignments or substitutions of previously recorded deeds of 31
trust; 32
(b) Documents recording a birth, marriage, divorce, or death;33
(c) Any recorded documents otherwise exempted from a recording 34
fee or additional surcharges under state law; 35
(d) Marriage licenses issued by the county auditor; and36
(e) Documents recording a federal, state, county, city, or water-37
sewer district, or wage lien or satisfaction of lien.38
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(2) Funds collected pursuant to this section must be distributed 1
and used as follows: 2
(a) One percent of the total funds collected shall be retained by 3
the county auditor for its fee collection activities;4
(b) 30 percent of the total funds collected shall be retained by 5
the county and used by the county as provided in subsection (3) of 6
this section; 7
(c) 54.1 percent of the total funds collected shall be 8
transmitted to the state treasurer to be deposited in the home 9
security fund account created in RCW 43.185C.060 and shall be used by 10
the department of commerce as provided in subsection (4) of this 11
section; 12
(d) 13.1 percent of the total funds collected shall be 13
transmitted to the state treasurer to be deposited in the affordable 14
housing for all account created in RCW 43.185C.190 and shall be used 15
by the department of commerce as provided in subsection (5) of this 16
section; 17
(e) 1.8 percent of the total funds collected shall be transmitted 18
to the state treasurer to be deposited in the landlord mitigation 19
program account created in RCW 43.31.615 and shall be used by the 20
department of commerce as provided in subsection (6) of this section.21
(3) The county shall use their portion of the collected funds as 22
follows: 23
(a) Up to 10 percent for the county's administration and local 24
distribution of the funds collected from the surcharge in this 25
section, and administrative costs related to the county's homeless 26
housing plan; 27
(b) At least 75 percent will be retained and used by the county 28
to accomplish the purposes of its local homeless housing plan 29
pursuant to chapter 484, Laws of 2005. For each city in the county 30
that elects as authorized in RCW 43.185C.080 to operate its own local 31
homeless housing program, a percentage of the surcharge assessed 32
under this subsection equal to the percentage of the city's local 33
portion of the real estate excise tax collected by the county shall 34
be transmitted at least quarterly to the city treasurer, without any 35
deduction for county administrative costs, for use by the city for 36
program costs which directly contribute to the goals of the city's 37
local homeless housing plan; of the funds received by the city, it 38
may use up to 10 percent for administrative costs for its homeless 39
housing program; 40
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(c) At least 15 percent will be retained and used by the county 1
for eligible housing activities, as described in this subsection, 2
that serve extremely low and very low-income households in the county 3
and the cities within a county according to an interlocal agreement 4
between the county and the cities within the county consistent with 5
countywide and local housing needs and policies. A priority must be 6
given to eligible housing activities that serve extremely low-income 7
households with incomes at or below 30 percent of the area median 8
income. Eligible housing activities to be funded are limited to:9
(i) Acquisition, construction, or rehabilitation of housing 10
projects or units within housing projects that are affordable to very 11
low-income households with incomes at or below 50 percent of the area 12
median income, including units for homeownership, rental units, 13
seasonal and permanent farmworker housing units, units reserved for 14
victims of human trafficking and their families, and single room 15
occupancy units; 16
(ii) Supporting building operation and maintenance costs of 17
housing projects or units within housing projects eligible to receive 18
housing trust funds, that are affordable to very low-income 19
households with incomes at or below 50 percent of the area median 20
income, and that require a supplement to rent income to cover ongoing 21
operating expenses; 22
(iii) Rental assistance vouchers for housing units that are 23
affordable to very low-income households with incomes at or below 50 24
percent of the area median income, including rental housing vouchers 25
for victims of human trafficking and their families, to be 26
administered by a local public housing authority or other local 27
organization that has an existing rental assistance voucher program, 28
consistent with or similar to the United States department of housing 29
and urban development's section 8 rental assistance voucher program 30
standards; and 31
(iv) Operating costs for emergency shelters and licensed 32
overnight youth shelters. 33
(4) The department of commerce shall use the funds from the 34
document recording fee or other fund sources deposited in the home 35
security fund account as follows, except that the department of 36
commerce shall provide counties with the right of first refusal to 37
receive grant funds distributed under (b) of this subsection (4). If 38
a county refuses the funds or does not respond within a time frame 39
established by the department, the department shall make good faith 40
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efforts to identify one or more suitable alternative grantees 1
operating within that county. The alternative grantee shall 2
distribute the funds in a manner that is in compliance with this 3
chapter. Funding provided through the office of homeless youth 4
prevention and protection programs created in RCW 43.330.705 is 5
exempt from the county first refusal requirement. 6
(a) Up to 10 percent for administration of the programs 7
established in chapter 43.185C RCW and in conformance with this 8
subsection (4), including the costs of creating and implementing 9
strategic plans, collecting and evaluating data, measuring and 10
reporting performance, providing technical assistance to local 11
governments, providing training to entities delivering services, and 12
developing and maintaining stakeholder relationships;13
(b) At least 90 percent for homelessness assistance grant 14
programs administered by the department, including but not limited 15
to: Temporary rental assistance; eviction prevention rental 16
assistance per RCW 43.185C.185; emergency shelter and transitional 17
housing operations and maintenance; outreach; diversion; HOPE and 18
crisis residential centers; young adult housing; homeless services 19
and case management for adult, family, youth, and young adult 20
homeless populations and those at risk of homelessness; project-based 21
vouchers for nonprofit housing providers or public housing 22
authorities; tenant-based rent assistance; housing services; direct 23
cash assistance; rapid rehousing; emergency housing; acquisition; 24
operations; maintenance; and service costs for permanent supportive 25
housing as defined in RCW 36.70A.030 for individuals with 26
disabilities. Grantees may also use these funds in partnership with 27
permanent supportive housing programs administered by the office of 28
apple health and homes created in RCW 43.330.181. Priority for use 29
must be given to purposes intended to house persons who are 30
chronically homeless or to maintain housing for individuals with 31
disabilities and prior experiences of homelessness, including 32
families with children. 33
(5) The department of commerce shall use the funds from the 34
document recording fee or other fund sources deposited in the 35
affordable housing for all account as follows: 36
(a) Up to 10 percent for program administration and technical 37
assistance necessary for the delivery programs and activities under 38
this subsection (5); 39
(b) At least 90 percent for the following: 40
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(i) Grants for building operation and maintenance costs of 1
housing projects, or units within housing projects, that are in the 2
state's housing trust fund portfolio, are affordable to extremely 3
low-income households with incomes at or below 30 percent of the area 4
median income, and require a supplement to rent income to cover 5
ongoing operating expenses; 6
(ii) Grants to support the building operations, maintenance, and 7
supportive service costs for permanent supportive housing projects, 8
or units within housing projects, that have received or will receive 9
funding from the housing trust fund or other public capital funding 10
programs. The supported projects or units must be dedicated as 11
permanent supportive housing as defined in RCW 36.70A.030, be 12
occupied by extremely low-income households with incomes at or below 13
30 percent of the area median income, and require a supplement to 14
rent income to cover ongoing property operations, maintenance, and 15
supportive services expenses. 16
(6) The department of commerce shall use the funds from the 17
document recording fee or other fund sources deposited in the 18
landlord mitigation program account to administer the landlord 19
mitigation program as established in RCW 43.31.605. The department of 20
commerce may use up to 10 percent of these funds for program 21
administration and the development and maintenance of a database 22
necessary to administer the program. 23
Sec. 4. RCW 74.04.005 and 2023 c 418 s 1 are each amended to 24
read as follows: 25
For the purposes of this title, unless the context indicates 26
otherwise, the following definitions shall apply: 27
(1) "Aged, blind, or disabled assistance program" means the 28
program established under RCW 74.62.030. 29
(2) "Applicant" means any person who has made a request, or on 30
behalf of whom a request has been made, to any county or local office 31
for assistance. 32
(3) "Authority" means the health care authority.33
(4) "County or local office" means the administrative office for 34
one or more counties or designated service areas. 35
(5) "Department" means the department of social and health 36
services. 37
(6) "Director" means the director of the health care authority.38
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(7) "Essential needs and housing support program" means the 1
program established in RCW 43.185C.220. 2
(8) "Federal aid assistance" means the specific categories of 3
assistance for which provision is made in any federal law existing or 4
hereafter passed by which payments are made from the federal 5
government to the state in aid or in respect to payment by the state 6
for public assistance rendered to any category of needy persons for 7
which provision for federal funds or aid may from time to time be 8
made, or a federally administered needs-based program.9
(9) "Income" means: 10
(a) All appreciable gains in real or personal property (cash or 11
kind) or other assets, which are received by or become available for 12
use and enjoyment by an applicant or recipient during the month of 13
application or after applying for or receiving public assistance. The 14
department may by rule and regulation exempt income received by an 15
applicant for or recipient of public assistance which can be used by 16
him or her to decrease his or her need for public assistance or to 17
aid in rehabilitating him or her or his or her dependents, but such 18
exemption shall not, unless otherwise provided in this title, exceed 19
the exemptions of resources granted under this chapter to an 20
applicant for public assistance. In addition, for cash assistance the 21
department may disregard income pursuant to RCW 74.08A.230 and 22
74.12.350. 23
(b) If, under applicable federal requirements, the state has the 24
option of considering property in the form of lump sum compensatory 25
awards or related settlements received by an applicant or recipient 26
as income or as a resource, the department shall consider such 27
property to be a resource. 28
(10) "Need" means the difference between the applicant's or 29
recipient's standards of assistance for himself or herself and the 30
dependent members of his or her family, as measured by the standards 31
of the department, and value of all nonexempt resources and nonexempt 32
income received by or available to the applicant or recipient and the 33
dependent members of his or her family. 34
(11) "Public assistance" or "assistance" means public aid to 35
persons in need thereof for any cause, including services, medical 36
care, assistance grants, disbursing orders, work relief, benefits 37
under RCW 74.62.030 and 43.185C.220, and federal aid assistance.38
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(12) "Recipient" means any person receiving assistance and in 1
addition those dependents whose needs are included in the recipient's 2
assistance. 3
(13) "Resource" means any asset, tangible or intangible, owned by 4
or available to the applicant at the time of application, which can 5
be applied toward meeting the applicant's need, either directly or by 6
conversion into money or its equivalent. The department may by rule 7
designate resources that an applicant may retain and not be 8
ineligible for public assistance because of such resources. Exempt 9
resources shall include, but are not limited to: 10
(a) A home that an applicant, recipient, or their dependents is 11
living in, including the surrounding property; 12
(b) Household furnishings and personal effects;13
(c) One motor vehicle, other than a motor home, that is used and 14
useful; 15
(d) A motor vehicle necessary to transport a household member 16
with a physical disability. This exclusion is limited to one vehicle 17
per person with a physical disability; 18
(e) Retirement funds, pension plans, and retirement accounts;19
(f) All other resources, including any excess of values exempted, 20
not to exceed $12,000 or other limit as set by the department, to be 21
consistent with limitations on resources and exemptions necessary for 22
federal aid assistance; 23
(g) Applicants for or recipients of benefits under RCW 74.62.030 24
and ((43.185C.220)) referrals under RCW 74.04.805 shall have their 25
eligibility based on resource limitations consistent with the 26
temporary assistance for needy families program rules adopted by the 27
department; and 28
(h) If an applicant for or recipient of public assistance 29
possesses property and belongings in excess of the ceiling value, 30
such value shall be used in determining the need of the applicant or 31
recipient, except that: (i) The department may exempt resources or 32
income when the income and resources are determined necessary to the 33
applicant's or recipient's restoration to independence, to decrease 34
the need for public assistance, or to aid in rehabilitating the 35
applicant or recipient or a dependent of the applicant or recipient; 36
and (ii) the department may provide grant assistance for a period not 37
to exceed nine months from the date the agreement is signed pursuant 38
to this section to persons who are otherwise ineligible because of 39
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excess real property owned by such persons when they are making a 1
good faith effort to dispose of that property if: 2
(A) The applicant or recipient signs an agreement to repay the 3
lesser of the amount of aid received or the net proceeds of such 4
sale; 5
(B) If the owner of the excess property ceases to make good faith 6
efforts to sell the property, the entire amount of assistance may 7
become an overpayment and a debt due the state and may be recovered 8
pursuant to RCW 43.20B.630; 9
(C) Applicants and recipients are advised of their right to a 10
fair hearing and afforded the opportunity to challenge a decision 11
that good faith efforts to sell have ceased, prior to assessment of 12
an overpayment under this section; and 13
(D) At the time assistance is authorized, the department files a 14
lien without a sum certain on the specific property.15
(14) "Secretary" means the secretary of social and health 16
services. 17
(15) "Standards of assistance" means the level of income required 18
by an applicant or recipient to maintain a level of living specified 19
by the department. 20
(16)(a) "Victim of human trafficking" means a noncitizen and any 21
qualifying family members who have: 22
(i) Filed or are preparing to file an application for T 23
nonimmigrant status with the appropriate federal agency pursuant to 8 24
U.S.C. Sec. 1101(a)(15)(T), as it existed on January 1, 2020;25
(ii) Filed or are preparing to file an application with the 26
appropriate federal agency for status pursuant to 8 U.S.C. Sec. 27
1101(a)(15)(U), as it existed on January 1, 2020; or28
(iii) Been harmed by either any violation of chapter 9A.40 or 29
9.68A RCW, or both, or by substantially similar crimes under federal 30
law or the laws of any other state, and who: 31
(A) Are otherwise taking steps to meet the conditions for federal 32
benefits eligibility under 22 U.S.C. Sec. 7105, as it existed on 33
January 1, 2020; or 34
(B) Have filed or are preparing to file an application with the 35
appropriate federal agency for status under 8 U.S.C. Sec. 1158.36
(b)(i) "Qualifying family member" means: 37
(A) A victim's spouse and children; and 38
(B) When the victim is under 21 years of age, a victim's parents 39
and unmarried siblings under the age of 18. 40
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(ii) "Qualifying family member" does not include a family member 1
who has been charged with or convicted of attempt, conspiracy, 2
solicitation, or commission of any crime referenced in this 3
subsection or described under 8 U.S.C. Sec. 1101 (a)(15)(T) or (U) as 4
either existed on January 1, 2020, when the crime is against a spouse 5
who is a victim of human trafficking or against the child of a victim 6
of human trafficking. 7
(17) For purposes of determining eligibility for public 8
assistance and participation levels in the cost of medical care, the 9
department shall exempt restitution payments made to people of 10
Japanese and Aleut ancestry pursuant to the Civil Liberties Act of 11
1988 and the Aleutian and Pribilof Island Restitution Act passed by 12
congress, P.L. 100-383, including all income and resources derived 13
therefrom. 14
(18) In the construction of words and phrases used in this title, 15
the singular number shall include the plural, the masculine gender 16
shall include both the feminine and neuter genders, and the present 17
tense shall include the past and future tenses, unless the context 18
thereof shall clearly indicate to the contrary. 19
Sec. 5. RCW 74.04.805 and 2023 c 289 s 1 are each amended to 20
read as follows: 21
(1) The department is responsible for determining eligibility for 22
referral for essential needs and housing support under RCW 23
43.185C.220((. Persons eligible for a referral are)) for persons who:24
(a) Have been determined to be eligible for the aged, blind, or 25
disabled assistance program under RCW 74.62.030 or the pregnant women 26
assistance program under RCW 74.62.030, or are incapacitated from 27
gainful employment by reason of bodily or mental infirmity that will 28
likely continue for a minimum of 90 days. The standard for incapacity 29
in this subsection, as evidenced by the 90-day duration standard, is 30
not intended to be as stringent as federal supplemental security 31
income disability standards; 32
(b) Are citizens or aliens lawfully admitted for permanent 33
residence or otherwise residing in the United States under color of 34
law, or are victims of human trafficking as defined in RCW 74.04.005;35
(c)(i) Have furnished the department with their social security 36
number. If the social security number cannot be furnished because it 37
has not been issued or is not known, an application for a number must 38
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be made prior to authorization of benefits, and the social security 1
number must be provided to the department upon receipt;2
(ii) This requirement does not apply to victims of human 3
trafficking as defined in RCW 74.04.005 if they have not been issued 4
a social security number; 5
(d)(i) Have countable income as described in RCW 74.04.005 that 6
meets the standard established by the department, which shall not 7
exceed 100 percent of the federal poverty level; or8
(ii) Have income that meets the standard established by the 9
department, who are eligible for the pregnant women assistance 10
program; 11
(e) Do not have countable resources in excess of those described 12
in RCW 74.04.005; and 13
(f) Are not eligible for federal aid assistance, other than basic 14
food benefits transferred electronically and medical assistance.15
(2) Recipients of pregnant women assistance program benefits who 16
meet other eligibility requirements in this section are eligible for 17
referral for essential needs and housing support services, within 18
funds appropriated for the department of commerce, for 24 consecutive 19
months from the date the department determines pregnant women 20
assistance program eligibility. 21
(3) The following persons are not eligible for a referral for 22
essential needs and housing support: 23
(a) Persons who refuse or fail to cooperate in obtaining federal 24
aid assistance, without good cause; 25
(b) Persons who refuse or fail without good cause to participate 26
in substance use treatment if an assessment by a certified substance 27
use disorder professional indicates a need for such treatment. Good 28
cause must be found to exist when a person's physical or mental 29
condition, as determined by the department, prevents the person from 30
participating in substance use treatment, when needed outpatient 31
treatment is not available to the person in the county of their 32
residence, when needed inpatient treatment is not available in a 33
location that is reasonably accessible for the person, or when the 34
person is a parent or other relative personally providing care for a 35
minor child or an incapacitated individual living in the same home as 36
the person, and child care or day care would be necessary for the 37
person to participate in substance use disorder treatment, and such 38
care is not available; and 39
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(c) Persons who are fleeing to avoid prosecution of, or to avoid 1
custody or confinement for conviction of, a felony, or an attempt to 2
commit a felony, under the laws of the state of Washington or the 3
place from which the person flees; or who are violating a condition 4
of probation, community supervision, or parole imposed under federal 5
or state law for a felony or gross misdemeanor conviction.6
(4) For purposes of determining whether a person is incapacitated 7
from gainful employment under subsection (1) of this section:8
(a) The department shall adopt by rule medical criteria for 9
incapacity determinations to ensure that eligibility decisions are 10
consistent with statutory requirements and are based on clear, 11
objective medical information; and 12
(b) The process implementing the medical criteria must involve 13
consideration of opinions of the treating or consulting physicians or 14
health care professionals regarding incapacity, and any eligibility 15
decision which rejects uncontroverted medical opinion must set forth 16
clear and convincing reasons for doing so. 17
(5) For purposes of reviewing a person's continuing eligibility 18
and in order to remain eligible for the program, persons who have 19
been found to have an incapacity from gainful employment must 20
demonstrate that there has been no material improvement in their 21
medical or mental health condition. The department may discontinue 22
benefits when there was specific error in the prior determination 23
that found the person eligible by reason of incapacitation.24
(6) The department must review the cases of all persons who have 25
received benefits under the essential needs and housing support 26
program for twelve consecutive months, and at least annually after 27
the first review, to determine whether they are eligible for the 28
aged, blind, or disabled assistance program. 29
(7) The department shall share client data for individuals 30
eligible for a referral to essential needs and housing support with 31
the department of commerce and designated essential needs and housing 32
support entities as required under RCW 43.185C.230.33
(8) Individuals described in RCW 43.185C.220(1)(b) do not require 34
a referral from the department in order to be considered for 35
essential needs and housing support.36
Sec. 6. RCW 74.62.030 and 2023 c 289 s 3 are each amended to 37
read as follows: 38
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(1)(a) The aged, blind, or disabled assistance program shall 1
provide financial grants to persons in need who: 2
(i) Are not eligible to receive supplemental security income, 3
refugee cash assistance, temporary assistance for needy families, or 4
state family assistance benefits; 5
(ii) Meet the eligibility requirements of subsection (3) of this 6
section; and 7
(iii) Are aged, blind, or disabled. For purposes of determining 8
eligibility for assistance for the aged, blind, or disabled 9
assistance program, the following definitions apply:10
(A) "Aged" means age 65 or older. 11
(B) "Blind" means statutorily blind as defined for the purpose of 12
determining eligibility for the federal supplemental security income 13
program. 14
(C) "Disabled" means likely to meet the federal supplemental 15
security income disability standard. In making this determination, 16
the department should give full consideration to the cumulative 17
impact of an applicant's multiple impairments, an applicant's age, 18
and vocational and educational history. 19
In determining whether a person is disabled, the department may 20
rely on, but is not limited to, the following: 21
(I) A previous disability determination by the social security 22
administration or the disability determination service entity within 23
the department; or 24
(II) A determination that an individual is eligible to receive 25
optional categorically needy medicaid as a disabled person under the 26
federal regulations at 42 C.F.R. Parts 435, Secs. 201(a)(3) and 210.27
(b) The following persons are not eligible for the aged, blind, 28
or disabled assistance program: 29
(i) Persons who are not able to engage in gainful employment due 30
primarily to a substance use disorder. These persons shall be 31
referred to appropriate assessment, treatment, or shelter services. 32
Referrals shall be made at the time of application or at the time of 33
eligibility review. This subsection may not be construed to prohibit 34
the department from granting aged, blind, or disabled assistance 35
benefits to persons with a substance use disorder who are 36
incapacitated due to other physical or mental conditions that meet 37
the eligibility criteria for the aged, blind, or disabled assistance 38
program; or 39
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(ii) Persons for whom there has been a final determination of 1
ineligibility based on age, blindness, or disability for federal 2
supplemental security income benefits. 3
(c) Persons may receive aged, blind, or disabled assistance 4
benefits and a referral for essential needs and housing program 5
support under RCW 43.185C.220 concurrently while pending application 6
for federal supplemental security income benefits. Effective October 7
1, 2025, a person's receipt of supplemental security income received 8
for the same period as aged, blind, or disabled program assistance as 9
described in this section shall not be considered a debt due to the 10
state and is not subject to recovery. However, the monetary value of 11
aged, blind, or disabled cash assistance paid prior to October 1, 12
2025, that is duplicated by the person's receipt of supplemental 13
security income for the same period shall be considered a debt due to 14
the state and shall by operation of law be subject to recovery 15
through all available legal remedies. 16
(2) The pregnant women assistance program shall provide financial 17
grants to persons who: 18
(a) Are pregnant and in need, based upon the current income and 19
resource standards of the federal temporary assistance for needy 20
families program, but are ineligible for federal temporary assistance 21
for needy families or state family assistance benefits for a reason 22
other than failure to cooperate in program requirements; and23
(b) Meet the eligibility requirements of subsection (3) of this 24
section. 25
(3) To be eligible for the aged, blind, or disabled assistance 26
program under subsection (1) of this section or the pregnant women 27
assistance program under subsection (2) of this section, a person 28
must: 29
(a) Be a citizen or alien lawfully admitted for permanent 30
residence or otherwise residing in the United States under color of 31
law, or be a victim of human trafficking as defined in RCW 74.04.005;32
(b) Meet the income and resource standards described in RCW 33
74.04.805(1) (d) and (e); 34
(c)(i) Have furnished the department with their social security 35
number. If the social security number cannot be furnished because it 36
has not been issued or is not known, an application for a number 37
shall be made prior to authorization of benefits, and the social 38
security number shall be provided to the department upon receipt;39
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(ii) This requirement does not apply to victims of human 1
trafficking as defined in RCW 74.04.005 if they have not been issued 2
a social security number; 3
(d) Not have refused or failed without good cause to participate 4
in substance use treatment if an assessment by a certified substance 5
use disorder professional indicates a need for such treatment. Good 6
cause must be found to exist when a person's physical or mental 7
condition, as determined by the department, prevents the person from 8
participating in substance use treatment, when needed outpatient 9
treatment is not available to the person in the county of their 10
residence, when needed inpatient treatment is not available in a 11
location that is reasonably accessible for the person, or when the 12
person is a parent or other relative personally providing care for a 13
minor child or an incapacitated individual living in the same home as 14
the person, and child care or day care would be necessary for the 15
person to participate in substance use disorder treatment, and such 16
care is not available; and 17
(e) Not have refused or failed to cooperate in obtaining federal 18
aid assistance, without good cause. 19
(4) Referrals for essential needs and housing support under RCW 20
43.185C.220(1)(a) shall be provided to persons found eligible under 21
RCW 74.04.805. 22
(5) No person may be considered an eligible individual for 23
benefits under this section with respect to any month if during that 24
month the person: 25
(a) Is fleeing to avoid prosecution of, or to avoid custody or 26
confinement for conviction of, a felony, or an attempt to commit a 27
felony, under the laws of the state of Washington or the place from 28
which the person flees; or 29
(b) Is violating a condition of probation, community supervision, 30
or parole imposed under federal or state law for a felony or gross 31
misdemeanor conviction. 32
(6) The department must share client data for individuals 33
eligible for a referral to essential needs and housing support with 34
the department of commerce and designated essential needs and housing 35
support entities as required under RCW 43.185C.230.36
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