Long-term Care Confusion: Washington State Agencies at Odds Over Exemptions

Olympia, Washington – Confusion has arisen among state agencies regarding workers who were granted exemptions from WA Cares, Washington’s mandatory long-term care benefit program. The program, funded by a 58-cent deduction from every $100 earned from workers’ paychecks, allowed individuals to opt out if they could demonstrate they had private long-term care insurance in place before November 1, 2021. However, this opt-out provision is no longer available for new applicants.

During a recent WA Cares webinar, Elizabeth New, policy analyst and director of the Centers for Health Care and Workers Rights at the Washington Policy Center, highlighted a recurring question about the requirement for individuals who obtained exemptions to maintain their private insurance plans for long-term care. Jeff Kendall of the state Employment Security Department clarified that those who received the original WA Cares exemption are indeed obligated to uphold their long-term care coverage.

A subsequent clarification from ESD posted on its YouTube page stated that individuals with approved exemptions must decide whether to maintain or cancel their private long-term care policy. New questioned the consistency of the ESD presenter’s responses, raising concerns about the potential impact of lawmakers changing the law at will.

The situation is further complicated by Initiative 2124, set to be on the ballot in November. If passed, I-2124 would allow employees and self-employed individuals to opt out of coverage under WA Cares. New expressed worry about the repercussions on the private long-term care market, speculating that many would opt to cancel their plans if WA Cares becomes optional, adversely affecting the industry.

State lawmakers, such as Rep. Peter Abbarno, R-Centralia, proposed bills during the 2024 legislative session to address concerns with WA Cares. However, none of these bills were granted public hearings by the majority party Democrats, leaving lingering uncertainties surrounding the program’s future.