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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 Engrossed Substitute Bill (ESSB) 5291
Description: New rules and amendments will implement portions of ESSB 5291 (Chapter 380, Laws of 2025) related to a pilot project, qualifying for benefits, a new voluntary exemption for off-duty civilian employment for active-duty service members, automatic exemptions for nonimmigrant work visa holders, voluntary rescissions of private long-term care insurance exemptions, and collective bargaining agreement participation requirements. Additional rules to implement other portions of chapter 50B.04 RCW may be considered as necessary
Documents:
Past rulemaking
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
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
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
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Rulemaking Hearing:
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January 6, 2022 (Note: a transcript is not currently available and will be added later)
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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:
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July 18, 2022 — Transcript
Rulemaking hearing:
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September 6, 2022 - Transcript
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: Find the documents on the Cross-program payment allocation page.
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 (PDF, 48 KB) | CR-102 (PDF,199KB) | CR-103 (PDF, 122KB) | Proposed and adopted rules: Definitions (PDF, 50KB) | Appeals (PDF, 55KB) | Qualified individuals (PDF, 59KB)
Concise Explanatory Statement (PDF, 499KB)
Implementation Plan (PDF, 536KB)
Significant Analysis (PDF, 594KB)
Rulemaking stakeholder meeting:
- Nov. 21, 2024 - Transcript (PDF, 171KB)
Rulemaking hearing:
- Jan. 22, 2025 - Transcript (PDF, 172KB)