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

• Phase Three - Audit functions and other rules as necessary

  • Description: Rules for Phase Three include, but are not limited to, audit functions and other rules as necessary.

  • Stakeholder meetings: TBD

  • Documents: CR 101 

  • Previous filing: The previous CR 101 was withdrawn in order to modify the subject of rulemaking for Phase Three.

• Implementation of SHB 1732 and ESHB 1733 regarding the delay of the WA Cares program and new voluntary exemptions.

• 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.

• Documents:  CR-101

• Stakeholder meeting: Date TBD

Recently closed rulemaking activity 

• 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

  • Rules 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

  • Rules 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

  • Rules Hearing:

    • January 6, 2022, 9 a.m. (Note: a transcript is not currently available and will be added later)

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