Long-Term Services and Supports (LTSS) rulemaking

Long-Term Services and Supports (LTSS) is another name for the WA Cares Fund.

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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  (PDF, 48 KB)  | Draft rules: Definitions  (PDF, 120 KB)  | Appeals (PDF, 132 KB)  | Qualified individuals (PDF, 160 KB) 

Rulemaking stakeholder meeting: 

  • When: November 21, 2024 
  • Join online: click here to join the meeting 
  • Join by phone: 564-999-2000 PIN: 328 010 685# 

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:

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:

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

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:

Rulemaking hearing:

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.