DSHS Proposed Rulemaking to Comply with Federal Regulations Related to Transfers and Discharges from HCBS Settings
June 26, 2025 | Policy
On June 23, 2025, formal comments were submitted regarding Washington State’s proposed rules related to resident discharges from Home and Community-Based Services (HCBS) settings. The comments advocate for stronger, clearer protections for all residents—Medicaid and private-pay alike—especially around eviction procedures. They emphasize the need for the state to align with federal regulations requiring legally enforceable residency agreements that provide tenants with protections comparable to landlord-tenant laws. Key concerns include the lack of clarity about residents’ right to administrative hearings, the use of the unlawful detainer process, and the exclusion of private-pay residents from essential protections. The comments call for more transparency, expanded application of the rules, and alignment with both federal standards and recent changes in state landlord-tenant law to ensure fairness, stability, and housing justice for all HCBS residents in Washington.