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Agencies report rulemaking progress: DSHS files CR103, ESD readies portability and penalties rules
Summary
DSHS and ESD briefed the commission on current rulemaking: DSHS filed rule changes in mid‑June including provider registration and service definitions (effective July 19); ESD's portability and reporting rules are planned with a 07/01/2026 target for some phases and penalties/interest rules in development.
Commissioners received updates on regulatory and administrative next steps ahead of the WA Cares launch. Bridal Finney, DSHS policy and rules manager, described two DSHS rulemaking projects: revisions to chapter 388‑116 WAC addressing approved services and provider registration (including adding mobility devices to adaptive equipment and aligning private duty nursing certification requirements) and a second project on financial management services (FMS) that will clarify reimbursements and mileage reimbursements. Finney said a public hearing was held in May and that DSHS filed the CR103 packet in mid‑June; the rule changes are expected to go into effect July 19 for the first project.
April Amundson, policy and rules manager at the Employment Security Department, summarized ESD’s responsibilities under ESSB 5291. She said ESD completed phase 1 and 2 work and that rules covering portability and reporting requirements are expected to be effective on July 1, 2026. Amundson also said ESD has filed a CR101 for penalties and interest related to employer reporting and is drafting those rules; the department plans stakeholder meetings before finalizing details and will align practices where possible with Paid Family and Medical Leave reporting cadence.
Both agencies asked for continuing feedback from providers and local partners as regulations are finalized and implementation proceeds.
