On January 27, 2022, Washington Governor Jay Inslee signed House Bills 1732 and 1733, delaying and amending the Washington Cares Act (WA Cares). Notably, for employers, the bills delay the obligation to withhold WA Cares employee premiums, now set to begin on July 1, 2023, and require employers to refund employees for any WA Cares premiums that have already been collected within 120 days of withholding. The delay, and the refund mandate, are effective immediately.
By way of background, in April 2021, Governor Inslee signed into law the WA Cares Act, which created the WA Cares Fund and the first-of-its-kind mandatory, state-run, long-term-care insurance program. However, since its passage, several issues with the law have been raised, including: the ability of employees to opt out of the program; how the law impacts near-retirees who would contribute but not vest in the program; and how the law impacts Washington-based employees who would not be eligible for the care benefit because they do not live in Washington or do not intend to remain in Washington long term. The new laws address some of these concerns, and additional changes to the law may still come.
What do the new laws mean for employers?
The newly enacted bills make the following changes to the WA Cares Act, which are of significance to Washington employers:
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