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Committee reviews technical fixes to WA Cares: pilot program, automatic exemptions and supplemental insurance proposals

2136497 · January 21, 2025
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Summary

Senate Bill 5291 would implement Long‑Term Services and Supports Trust Commission recommendations for WA Cares, including automatic exemptions for certain nonresident workers, a limited pilot to exercise systems before full launch, simplified vesting rules, and a framework for private supplemental long‑term care policies.

The Senate Labor and Commerce Committee considered Senate Bill 5291, a bill that implements several recommendations from the Long‑Term Services and Supports (LTSS) Trust Commission to refine the WA Cares long‑term services and supports program.

Key provisions Staff summarized the major changes: automatic exemptions for active‑duty military members with civilian off‑duty employment and other out‑of‑state participants; an option for exempt employees who previously attested to private long‑term care coverage to rescind that exemption before July 1, 2028; a limited pilot to allow agencies to test benefit payment and provider selection systems before full program launch; and rule and consumer‑protector language to govern supplemental private long‑term care policies intended to top up WA Cares benefits.

Why it matters: benefit size and access Witnesses noted WA Cares provides a maximum lifetime benefit of $36,500 to qualifying beneficiaries and argued the bill’s changes would improve access and system stability. Several LTSS commissioners and stakeholders said the bill would correct practical barriers to enrollment and vesting caused by long employment gaps and by administrative burdens on employers and ESD.

Administration and insurance regulation Ben Vecty, director of the WA Cares Fund at DSHS, explained a pilot would allow the agencies to run the full application–provider payment cycle with a small population to identify lessons before the full 2026 launch. Josh Dye of ESD described the administrative burden of processing tens of thousands of manual exemption applications and said automatic exemptions for certain nonresident visa holders would improve efficiency.

Support and technical suggestions Commission members, service providers and the Office of the Insurance Commissioner supported the bill but asked one technical change: insurance regulators requested moving the effective date for the new supplemental products to May 1, 2026, to give rulemaking time. Insurance commissioner staff said the bill includes consumer protections for supplemental policies, including continuity of care, acceptance of WA Cares exhaustion notices, and prohibitions on policies that would impose a deductible higher than the program’s maximum benefit.

Public testimony and lived experience Long‑time caregivers and in‑home care workers testified in support. Vicki Bickford, an in‑home caregiver and SEIU 775 member, described losing employer pension security and said WA Cares would have helped pay for home modifications and care. Mark Stenzager, a former Area Agency on Aging director and LTSS commissioner, said private long‑term care policies are increasingly unaffordable and that a combined public foundation plus private supplemental market could improve consumer options.

What’s next No committee vote was taken. Agencies and regulators requested at least one technical amendment to delay the effective date for supplemental products to allow for rulemaking and implementation planning. A fiscal note was requested but not yet available.