The Legislature passed SB 5291 in 2025 to implement recommendations from the Long-Term Services and Supports Trust Commission. The changes expand participation, simplify benefit qualifications, and strengthen coordination with private insurance. With an effective date of January 1, 2026, employers should stay informed of the rulemaking to prepare for compliance.
Key updates for employers and workers:
- Out-of-state participants – individuals who opt into coverage after relocating out of Washington cannot withdraw from the Program but may lose coverage for non-payment.
- Automatic exemptions – active-duty military working civilian side jobs and foreign temporary workers are exempt unless they choose to opt in.
- Rescinding opt-outs: individuals who voluntarily opted out in the past may rescind their exemption before July 1, 2028.
- Employer reporting: employers must report participation and remit payments on time to avoid penalties.
Additional improvements under SB 5291:
- Simplified benefit qualifications – benefits are now easier to access, requiring either 10 years contributions without needing to avoid five-year gaps, or after 3 years of contributions within a six-year window (with at least 500 hours worked per year).
- Private insurance coordination: Starting May 1, 2026, supplement long-term care private insurance must align with WA Cares regarding deductibles, benefits, elimination period, and care coordination to preserve continuity of providers.
WR invites member input to ensure employer concerns are addressed during rulemaking. To provide input or ask questions, contact Rose Gundersen at 360-200-6452 or [email protected].
