| Momentum Bucket | Viable |
| Legal Title | AN ACT Relating to reopening the exemption from the long-term services and supports trust program for employees who have purchased long-term care insurance; |
| Bill Description | Reopening the exemption from the long-term services and supports trust program for employees who have purchased long-term care insurance. |
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What this bill does
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This bill amends RCW 50B.04.085 to create a process allowing employees who attest they purchased long-term care insurance before November 1, 2027, to apply for an exemption from the long-term services and supports trust premium assessment under RCW 50B.04.080. It establishes an application window from October 1, 2021, through December 31, 2028, limits applicants to employees age 18 or older, provides that approved exemptions take effect the first day of the quarter after approval, and makes exempt employees permanently ineligible to become qualified individuals or eligible beneficiaries under the title. The employment security department is required to accept applications and to adopt rules necessary to implement and administer the application process, and it is not required to verify an employee’s attestation of having long-term care insurance.
The bill creates procedural duties for employees and employers: exempt employees must give written notice of an approved exemption to current and future employers, and are not entitled to refunds for premium deductions made before an exemption’s effective date or before they notify an employer. Employers must stop deducting premiums after receiving notice, retain written notifications, and are solely responsible for refunding any premiums they deduct after notification; employers are not entitled to refunds from the employment security department for premiums they remitted that were deducted from exempt employees.
The text provided does not define key terms used in the section (for example, “long-term care insurance,” “premium assessment,” “qualified individual,” “eligible beneficiary,” or “this title”), and the rulemaking clause uses the term “the department” without restating its identity in that sentence (earlier text refers to the Employment Security Department). The bill references other statute sections (RCW 50B.04.080 and 2021 c 113 s 5) that are not included here, so full interpretation may require those provisions. It is unclear from the provided text whether the bill changes any criminal penalties or creates new penalties.
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Why it matters
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If you are at least 18 and bought private long‑term care insurance before November 1, 2027, you can apply to stop the state premium charge between October 1, 2021 and December 31, 2028; once approved the exemption begins the first day of the next quarter and you will no longer be eligible for the state program’s coverage or benefits. The Employment Security Department will accept applications and is not required to check whether your attestation is true, but any premiums taken from your paycheck before the exemption’s effective date — or before you notify your employer in writing — are not refundable to you.
Employers must stop withholding premiums once they receive written notice, must keep those notices, and are on the hook to refund any amounts they mistakenly deduct after notice; they cannot get those refunded amounts back from the Employment Security Department. The department must write rules to implement this, but the bill leaves key terms and how this interacts with the broader program undefined, so some practical details about who exactly qualifies and how disputes are resolved remain uncertain.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/13/2025 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $1,954,994.62 |
| HEALTH INSURANCE |