Long-Term Services and Supports (LTSS) rules

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NOTE: Long-Term Services and Supports (LTSS) is now called WA Cares Fund. Visit us at wacaresfund.wa.gov.

Rules under development

• Implementation of Substitute House Bill (SHB) 2467, qualified individuals, and other topics

  • Description: SHB 2467 (Chapter 120, Laws of 2024) allows individuals who relocate outside of the state to continue to participate in the WA Cares Fund. The bill requires the Employment Security Department to adopt rules to implement certain provisions. Other rules may include, but are not limited to, considerations for program definitions, qualified individuals, public records requests, and verification of information submitted to the department.
    
    
  • Documents:

    CR-101
    
    

  Cross-program payment allocation

  • Description: Employment Security department receives payments from employers for three programs; State Unemployment Insurance, WA Cares Fund, and Paid Family and Medical Leave. Occasionally, a payment is received that does not indicate for which program(s) the payment is intended. This rulemaking will address how payments will be allocated across the programs.
    
    
  • Documents:

    CR-101 | Draft rules

    CR-102 | Proposed rules

    CR-103 | Adopted rules

    Concise Explanatory Statement

Past rulemaking 

• Rules governance

• Phase One - Exemptions

  • Description: Rules for Phase One include, but are not limited to, exemptions including processing of exemption requests, determinations on exemption requests, employees informing employers of their exemption, and other rules as necessary.

  • Documents:

    CR-101 | Draft Rules | CR-102 | Proposed Rules |  CR-103 |  Adopted Rules - effective June 7, 2021

    Concise Explanatory Statement

    Implementation Plan

    Significant Analysis

  • Stakeholder meetings:

    Oct. 21, 2020

  • Rulemaking Hearing:

    April 6, 2021 – Transcript

• Phase Two - Premium collection, CBA exemption, election of coverage, refunds, reporting and payments, appeals

  • Description: Rules for Phase Two include, but are not limited to, premium collection, collective bargaining agreement exemptions, election of coverage by self-employed individuals, refunds, cadence of reporting and payments, appeals, and other rules as necessary.

  • Documents:

    CR-101 | Draft rules | CR-102 | Proposed Rules: Definitions – Premiums – Self-employed – Collective Bargaining Agreements – Appeals

    CR-103 | Adopted Rules: Definitions | Premiums | Self-employed | Collective Bargaining Agreements | Appeals - effective Sept. 18, 2021

    Concise Explanatory Statement

    Implementation Plan

    Significant Analysis

  • Stakeholder meetings:

    Jan. 7, 2021 – Transcript

  • Rulemaking Hearing:

    July 8, 2021

• Implementation of SHB 1323 regarding elective coverage for federally recognized tribes

  • Description: SHB 1323 provides a pathway for federally recognized Washington tribes to elect coverage into the LTSS program. A tribe that opts in may opt out at any time for any reason it deems necessary. The bill requires the department to adopt rules to implement these provisions.

  • Documents: CR 101 | CR-102 | Proposed Rules | CR-103 | Adopted Rules - effective Feb. 26, 2022

  • Concise Explanatory Statement

  • Implementation Plan

  • Significant Analysis

  • Rulemaking Hearing:

    • January 6, 2022 (Note: a transcript is not currently available and will be added later)

• Implementation of SHB 1732, and ESHB 1733, and Phase Three — employer audits.

• • Description: SHB 1732 delays the WA Cares Fund program by eighteen months. ESHB 1733 adds four new voluntary exemptions for individuals who live out of state and work in Washington, military spouses, workers with non-immigrant visas, and certain veterans with disabilities. The bills require the department to adopt rules to implement these provisions. Phase Three of WA Cares Fund program implementation addresses employer audits.

  • Documents:

    Implementation of SHB 1732 and ESHB 1733: CR-101 | Draft Rules

    Phase Three: *CR-101 | Draft Rules

    *The previous CR-101 was withdrawn in order to modify the subject of rulemaking for Phase Three

    CR-102 (Combined Phase Three and SHB 1732/ESHB 1733 implementation) | Proposed Rules: Audits – Exemptions – Employer Responsibilities – Self-Employed
    
    CR-103 | Adopted Rules - effective October 29, 2022
    Concise Explanatory Statement
    Implementation Plan
    Significant Analysis

  • Stakeholder meeting:

    • July 18, 2022 — Transcript

  • Rulemaking hearing:

    • September 6, 2022 - Transcript

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