Washington State enacted significant amendments to the WA Cares Fund (“WA Cares”), the nation’s first mandatory, publicly funded long-term care insurance program for workers. WA Cares was established under the Long-Term Services and Supports (LTSS) Trust Act, signed into law in April 2021. Funded by a 0.58% payroll deduction, the program began collecting premiums in July 2023. Benefits will be available starting July 2026 for eligible individuals.

Senate Bill 5291 (SB 5291), signed into law on May 20, 2025, introduces expanded participation options, new insurance frameworks, and streamlined qualification requirements. Most provisions take effect on January 1, 2026.

Key changes under SB 5291:

• Out-of-State Participation: Workers who relocate out of Washington may continue coverage if they’ve paid into the program for at least three years.
• Opt-in Option for Previously Exempt Workers: Those who opted out with private insurance may rejoin the program before July 1, 2028.
• Supplemental Insurance: A new framework allows private insurers to offer supplemental long-term care policies that complement WA Cares benefits.
• Simplified Qualification: The requirement for five consecutive years of contributions within a ten-year period is removed.
• Additional Provisions: These include reimbursement for ineligible tax payments, exemptions for active-duty military and temporary visa holders, annual inflation adjustments, a pilot program to test benefit delivery systems, and employer...

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