Long-Term Services and Supports (LTSS) Trust Commission Meeting
The LTSS Trust Commission is scheduled to hold its next meeting from 1 to 4pm on Jul 16th via Zoom.
Notice of CR-101 rules for WA Cares Fund
On May 28, 2025, Employment Security Department, Leave and Care Division, filed a CR-101 for WA Cares Fund rulemaking.
The CR-101 was filed to consider rules to implement portions of Engrossed Substitute Senate Bill 5291, which passed during the 2025 legislative session. Rules that will be considered relate to a pilot project, qualifying for benefits, a new voluntary exemption for off-duty civilian employment for active-duty service members, automatic exemptions for nonimmigrant work visa holders, voluntary rescissions of private long-term care insurance exemptions, and collective bargaining agreement participation requirements. Additional rules to implement other portions of chapter 50B.04 RCW may be considered, as necessary.
The CR-101 can be viewed on the program’s rulemaking webpage, where draft rules and meeting notices will be posted when available.
Adopted rules for WA Cares Fund
On February 14, 2025, the Leave and Care Division filed a CR‐103 and adopted rules to implement a portion of Substitute House Bill 2467, which passed into law during the 2024 legislative session. The proposed rules implement a portion of the bill that was codified in RCW 50B.04.180 by defining “out-of-state participant.” The proposed rules also add additional program definitions, outline qualified individual requirements and determinations, and further align the WA Cares Fund and Paid Family and Medical Leave appeals processes.
The rules will be effective March 17, 2025. The adopted rules and supporting documents can be found on the program’s rulemaking page.
Appeal procedures are found in RCW 34.05.330. This communication constitutes the post‐adoption notice required by RCW 34.05.362.
Where are things?
In 2019, the “Trust Act” was passed, later establishing “The WA Cares Fund.” The program would be funded by a .58% payroll tax, but included an exemption for individuals who owned private LTC insurance prior to November 1, 2021. The LTC rider included with Trustmark’s Universal Life and LifeEvents product qualified individuals to opt-out of the WA Cares Fund and the corresponding tax.
After the WA Cares Fund was established, the legislature created the Long-Term Services and Supports Trust Commission (Trust Commission), consisting of legislators, administering agencies, and stakeholder representatives. The Trust Commission’s purpose is to develop recommendations to update and improve the WA Cares Fund, including a potential recertification requirement for individuals who received an exemption due to private coverage.
State ballot initiative 2124, proposed to make the WA Cares Act optional, did not pass on Nov 5, 2024. The WA Cares Act will remain in effect without any changes for Washingtonians at this time.
What's next?
WA S 5291 was introduced in January of 2025 and continues to move forward. This bill would implement the recommendations of the long-term care services and supports trust commission. In addition to technical adjustments for active duty military and individuals who move out of state, the bill also includes an allowance for the recission of previously granted private insurance exemptions and also allows for supplemental long-term care insurance products to be used with, or in addition to the WA Cares benefit. The current version of the bill does NOT include recertification.
In early 2024, The Long-Term Services and Supports (LTSS) Trust Commission released a recommendation report with suggestions to improve the WA Cares program. Recommendations may be directed to the state legislature or to the executive agencies responsible for administering the program. All recommendations to the legislature require legislative action to implement.
The Office of the State Actuary published an actuarial study of the WA Cares Fund on October 20th, 2022. The report indicates the fund is expected to be solvent through its first 75 years. The full report can be found here.
Additional Resources
Sources of Information: Trustmark, Finseca, NABIP and NAIFA
Revised: Oct 1, 2024