WSR 26-12-058
PERMANENT RULES
EMPLOYMENT SECURITY DEPARTMENT
[Filed June 1, 2026, 9:27 a.m., effective July 1, 2026]
Effective Date of Rule: July 1, 2026.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW
34.05.380 (3)(a), the rules implement requirements of RCW
50B.04.180 that are effective July 1, 2026.
Purpose: The employment security department is adopting new rules and amendments regarding the long-term services and supports trust program (WA Cares fund) that outline requirements for out-of-state participation; provide an index of other state agency rules regarding program administration; update requirements for self-employed elective coverage, audits, and qualified individual determinations; and outline requirements to designate a representative to act on an individual's behalf.
Citation of Rules Affected by this Order: New WAC 192-901-001 Purpose and scope, 192-916-005 How can an individual continue participating if they move out of Washington state?, 192-916-010 What happens after an individual applies for out-of-state participation?, 192-916-015 Reporting and premium payment requirements for out-of-state participants, 192-916-020 Cancellation of coverage for out-of-state participants, and 192-925-020 Can an individual designate a representative to act on their behalf?; and amending WAC 192-915-005 Election of coverage for self-employed persons, 192-930-005 Audit procedures, 192-940-005 Earning years to become a qualified individual, and 192-940-010 How will the department determine if someone is a qualified individual?
Adopted under notice filed as WSR 26-09-141 on April 22, 2026.
A final cost-benefit analysis is available by contacting Janette Benham, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, phone 360-790-6583, TTY WA relay 711 (contact Teresa Eckstein at 360-507-9890 for accommodations), email rules@esd.wa.gov, website https://esd.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 4, Amended 3, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 3, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 5, Amended 4, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 6, Amended 4, Repealed 0.
Date Adopted: June 1, 2026.
April Amundson
Policy and Rules Manager
Employment System, Policy, and Integrity
Leave and Care Programs
RDS-7112.1
Chapter 192-901 WAC
PROGRAM ADMINISTRATION
NEW SECTION
WAC 192-901-001Purpose and scope.
(1) Rules in Title 192 WAC related to the long-term services and supports trust program implement portions of the program administered by the employment security department as outlined in chapter
50B.04 RCW.
(2) Department of social and health services program rules can be found in chapter 388-116 WAC.
(3) Health care authority program rules can be found in chapter 182-600 WAC.
RDS-7113.1
AMENDATORY SECTION(Amending WSR 22-20-044, filed 9/28/22, effective 10/29/22)
WAC 192-915-005Election of coverage for self-employed persons.
(1) Self-employed persons as defined in RCW
50B.04.090 may elect coverage under Title
50B RCW.
(2) Coverage may only be elected beginning July 1, 2023, and before July 1, 2026, or within three years of becoming self-employed in Washington for the first time.
(3) Notice of election of coverage must be submitted to the department online or in another format approved by the department.
(4) Elective coverage begins on the first day of the quarter immediately following the notice of election.
(5) A self-employed person who elects coverage must continue to pay premiums until such time that the individual retires from the workforce or is no longer self-employed.
(6) The self-employed person must file a notice with the department if the individual retires from the workforce or is no longer self-employed.
(7) The department may cancel elective coverage if the self-employed person fails to make required payments or file reports. If canceled, participation in the program ends and the individual is not entitled to receive benefits.
RDS-7114.1
Chapter 192-916 WAC
OUT-OF-STATE PARTICIPATION
NEW SECTION
WAC 192-916-005How can an individual continue participating if they move out of Washington state?
(1) An individual who has met requirements under RCW
50B.04.180 may elect to continue participation when establishing a primary residence outside of Washington.
(2) An individual who is retired from the work force must elect out-of-state participation to become an eligible beneficiary under RCW
50B.04.010.
(3) Out-of-state participation must be elected within one year of establishing a primary residence outside of Washington.
(4) An individual must submit an application to elect out-of-state participation. Applications will be available online or in another format approved by the department.
(5) An individual who has an active exemption may not elect out-of-state participation.
NEW SECTION
WAC 192-916-010What happens after an individual applies for out-of-state participation?
(1) The department will determine the individual's eligibility based on requirements outlined in RCW
50B.04.180.
(2) Wages earned and hours worked when the individual had an approved exemption do not count toward meeting the requirements to elect out-of-state participation.
NEW SECTION
WAC 192-916-015Reporting and premium payment requirements for out-of-state participants.
(1) Wages earned and hours worked that are not already subject to premium withholding and reporting by an employer under RCW
50B.04.080 must be reported to the department annually.
(2) Under RCW
50B.04.180, if the out-of-state participant did not work or earn wages, acceptable documentation of no work or earnings must be reported to the department annually until the age of 67. Acceptable documentation may include additional information outlined in subsection (6) of this section.
(3) Premiums, if assessed, must be paid to the department.
(4) Hours reported and premiums paid count toward qualifying for the benefit as outlined in chapter 192-940 WAC.
(5) Reports and premium payments must be submitted in a format and manner approved by the department.
(6) The department may request additional information, including copies of tax returns, bank records, or any other documentation deemed necessary by the department to verify or determine compliance with RCW
50B.04.180.
NEW SECTION
WAC 192-916-020Cancellation of coverage for out-of-state participants.
(1) Out-of-state participants may not withdraw from program coverage.
(2) Under RCW
50B.04.180, the department must cancel coverage if an out-of-state participant fails to make required premium payments or submit required reports.
(3) If canceled, participation in the program ends and the individual is not entitled to receive benefits.
RDS-7115.1
NEW SECTION
WAC 192-925-020Can an individual designate a representative to act on their behalf?
(1) The department may authorize another individual to act on an individual's behalf for the purposes of applications, determinations, and appeals under the department's authority in chapter
50B.04 RCW if:
(a) An individual designates an authorized representative by submitting written documentation or other information as required by the department;
(b) A court-appointed legal guardian with authority to make decisions on an individual's behalf submits documentation as required by the department;
(c) An individual designated as an attorney-in-fact under a power of attorney submits documentation satisfactory to the department to act on an individual's behalf; or
(d) If an individual is unable to designate an authorized representative due to a serious health condition as defined in RCW
50A.05.010, another individual may represent that individual by submitting a complete and signed authorized representative designation form made available by the department, which must include:
(i) Documentation from the individual's health care provider as defined in WAC 192-500-090 certifying that the individual is incapable of completing the administrative requirements required by the department and is unable to designate an authorized representative to act on their behalf; and
(ii) An affidavit or declaration authorized by chapter
5.50 RCW attesting to the responsibility to act in the individual's best interest.
(2) The department will terminate the authority given to the authorized representative:
(a) When the individual or authorized representative notifies the department verbally or in writing; or
(b) At the department's discretion.
RDS-7116.1
AMENDATORY SECTION(Amending WSR 22-20-044, filed 9/28/22, effective 10/29/22)
WAC 192-930-005Audit procedures.
(1) The department may inspect and audit employer files and records as needed to ensure compliance with Title
50B RCW. Audits may take place at the discretion of the department.
(2) Employers must provide all requested information to the department within 10 business days or a time frame agreed to by the department.
(3) The department may inspect and audit self-employed and out-of-state participant elective coverage documentation at intervals determined by the department.
(4) If the department discovers violations for the time frame being audited, the department may expand the audit to include prior and subsequent ((quarters))reporting periods, up to the most recently completed ((calendar quarter))reporting period.
RDS-7117.1
AMENDATORY SECTION(Amending WSR 25-05-068, filed 2/14/25, effective 3/17/25)
WAC 192-940-005Earning years to become a qualified individual.
(1) The department will determine years earned toward qualified individual status under RCW
50B.04.050 based on wages earned and hours worked in employment as reported under chapter 192-910 WAC ((
or))
, in covered self-employment under chapter 192-915 WAC
, and as an out-of-state participant under chapter 192-916 WAC.
(2) Only hours worked in reportable employment ((or)), covered self-employment, and as an out-of-state participant will be considered when determining whether an individual has worked at least 500 hours each year.
(3) A year toward qualified individual status may be earned once an individual has accrued 500 hours in employment as reported under chapter 192-910 WAC ((or)), in covered self-employment as reported under chapter 192-915 WAC, and as an out-of-state participant under chapter 192-916 WAC.
(4) Wages and hours reported when an individual had an approved exemption do not count toward qualifying for the benefit.
AMENDATORY SECTION(Amending WSR 25-24-065, filed 12/1/25, effective 1/1/26)
WAC 192-940-010How will the department determine if someone is a qualified individual?
(1) Qualified individual status under RCW
50B.04.050 is determined as follows:
(a) An individual who has earned 10 years toward becoming a qualified individual will be eligible for the full benefit amount;
(b) An individual who, from the date of application for benefits, has earned three of the last six years toward becoming a qualified individual will qualify for the full benefit amount; or
(c) An individual born before January 1, 1968, who does not qualify under (a) or (b) of this subsection will qualify for one-tenth of the maximum program benefit amount for each earned year toward becoming a qualified individual.
(2) An individual who continues to work in employment ((or in)), covered self-employment, or as an out-of-state participant after qualifying for subsection (1) (b) or (c) of this section, or both, may be eligible to earn additional years toward becoming a qualified individual.
(3) An individual may not exceed the maximum program benefit amount under RCW
50B.04.060.
(4) An individual who has an approved exemption cannot become a qualified individual.