Notice of adopted rules for WA Cares Fund
On February 14, 2025, the Leave and Care Division filed a CR‐103 and adopted rules to implement a portion of Substitute House Bill 2467, which passed into law during the 2024 legislative session. The proposed rules implement a portion of the bill that was codified in RCW 50B.04.180 by defining “out-of-state participant.” The proposed rules also add additional program definitions, outline qualified individual requirements and determinations, and further align the WA Cares Fund and Paid Family and Medical Leave appeals processes.
The rules will be effective March 17, 2025. The adopted rules and supporting documents can be found on the program’s rulemaking page.
Appeal procedures are found in RCW 34.05.330. This communication constitutes the post‐adoption notice required by RCW 34.05.362.
Changes of note
State ballot initiative 2124, proposed to make the WA Cares Act optional, did not pass on November 5, 2024. The WA Cares Act will remain in effect without any changes for Washingtonians at this time.
Where are things?
In 2019, the “Trust Act” was passed, later establishing “The WA Cares Fund.” The program would be funded by a .58% payroll tax, but included an exemption for individuals who owned private LTC insurance prior to November 1, 2021. The LTC rider included with Trustmark’s Universal Life and LifeEvents product qualified individuals to opt-out of the WA Cares Fund and the corresponding tax.
After the WA Cares Fund was established, the legislature created the Long-Term Services and Supports Trust Commission (Trust Commission), consisting of legislators, administering agencies, and stakeholder representatives. The Trust Commission’s purpose is to develop recommendations to update and improve the WA Cares Fund, including a potential recertification requirement for individuals who received an exemption due to private coverage.
Effective October 29, 2022, spouses and domestic partners of active-duty service members may apply for a conditional exemption from the Washington Cares program. Workers with a nonimmigrant visa for temporary workers may also be eligible to apply for a conditional exemption.
What's next?
In early 2024, The Long-Term Services and Supports (LTSS) Trust Commission released a recommendation report with suggestions to improve the WA Cares program. Recommendations may be directed to the state legislature or to the executive agencies responsible for administering the program. All recommendations to the legislature require legislative action to implement.
Three senate bills were introduced in the House and Senate to amend the Washington Care Act’s statute.
The Office of the State Actuary published an actuarial study of the WA Cares Fund on October 20th, 2022. The report indicates the fund is expected to be solvent through its first 75 years. The full report can be found here.
Secretary of State Steve Hobbs has delivered official notification to the Legislature that signature verification has been completed and certified for Initiative to the Legislature no. 2124.
On March 26, 2024, Employment Security Department (department), Leave and Care Division, filed a CR-101 for WA Cares Fund rulemaking.
The CR-101 was filed to consider rules to implement Substitute House Bill (SHB) 2467, which passed during the 2024 legislative session, and implement other portions of chapter 50B.04 RCW. SHB 2467 allows individuals who relocate outside of the state to continue to participate in the WA Cares Fund. Rules may also include considerations for program definitions, qualified individuals, public records requests, and verification of information submitted to the department. The department may consider including other guidance beyond these topics, as necessary.
The CR-101 can be viewed on the program’s rulemaking webpage, where draft rules and meeting notices will be posted when available.
WA Cares Rulemaking:
On December 18, 2024, the Leave and Care Division filed a CR-102 and proposed rules for WA Cares Fund to implement a portion of Substitute House Bill 2467, which passed into law during the 2024 legislative session. The proposed rules implement a portion of the bill that was codified in RCW 50B.04.180 by defining “out-of-state participant.” The proposed rules also add additional program definitions, outline qualified individual requirements and determinations, and further align the WA Cares Fund and Paid Family and Medical Leave appeals processes.
Attend the rulemaking hearing
When: January 22, 2025, 9 a.m.
Information on how to attend the hearing can be found in the “Rules under development” section.
You may also provide written comments by emailing rules@esd.wa.gov before the close of business on January 22, 2025
Important Dates:
Additional Resources
Sources of Information: Trustmark, Finseca, NABIP and NAIFA
Revised: Oct 1, 2024