Update Applicable to:	Effective Date
All Employers in Washington	January 1, 2026: Multiple Dates – See details Below

What happened?

On May 20, 2025, Washington enacted Senate Bill (SB) 5291, amending the state’s Long-Term Services and Supports (LTSS) Trust Act to expand access to long-term care benefits through the WA Cares Fund.

The new law introduces key changes to improve flexibility, affordability, and participation in the program, while also laying the groundwork for private insurance options.

Overview:

1. Supplemental Private Long-Term Care Insurance: Washingtonians will be able to purchase affordable supplemental long-term care insurance from private insurers. These policies must:

• Provide at least 12 months of coverage after WA Cares benefits are used.
• Allow individuals to keep their care providers.
• Include flexible premium options to avoid loss of coverage.
• Cover care provided by qualified family members.

2. Rejoining for Exempt Workers: Workers who previously opted out with private insurance can cancel their exemption and rejoin WA Cares between January 1, 2026, and July 1, 2028. The Employment Security Department (ESD) will contact eligible individuals with more information.

3. Simplified Contribution Requirements: Workers now qualify for benefits if they:

• Contribute for 10 years total (no longer needing to be consecutive), or
• Contribute for 3 of the last 6 years before needing care.
  Workers born before 1968 can receive partial benefits based on years contributed.

4. Elective Coverage for Out-of-State Workers: Starting July 1, 2026, workers who move out of Washington may choose to continue coverage and access benefits beginning July 1, 2030. Once enrolled, they cannot withdraw. ESD will cancel coverage if payments or reports are missed.

5. New Exemptions:

• Active-duty service members working civilian jobs in Washington may opt out starting January 1, 2026.
• Temporary visa holders are automatically exempt unless they opt in. They become eligible upon gaining permanent residency or citizenship.

6. Annual Benefit Adjustments: WA Cares benefits will be automatically adjusted for inflation using the Seattle-area Consumer Price Index (CPI-W).

7. Pilot Program: A pilot program will test benefit delivery systems with up to 500 participants before the full rollout in July 2026.

8. Expanded Services: The list of services eligible for reimbursement now includes (but is not limited to):

• Dementia supports.
• Transportation.
• Home-delivered meals.
• Environmental modifications.
• Caregiver training.

9. Employer Responsibilities: Employers must:

• Report, collect, and remit premiums to ESD.
• Retain records for six years.
• Comply with new enforcement rules, including penalties and interest for noncompliance.

Source References

• Washington SB 5291 – Implementing the recommendations of the long-term services and supports trust commission
• Washington DSHS – Press Release

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