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Insurance office holds public hearing on rules to implement ESSB 5291 for supplemental long‑term care insurance

Office of the Insurance Commissioner · January 6, 2026
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Summary

The Washington State Office of the Insurance Commissioner held a virtual public hearing Jan. 6 on proposed rules to implement ESSB 5291, which would create supplemental long‑term care insurance to cover costs after WA Cares benefits are exhausted. One public commenter voiced concern about mandatory WA Cares contributions and accessibility of the notice.

Tyler Langford, presiding officer for the hearing, opened a virtual public hearing Jan. 6, 2026, on proposed rules to implement ESSB 5291, a law establishing supplemental long‑term care insurance to provide coverage once WA Cares benefits have been exhausted. The Office of the Insurance Commissioner published the rule as docket R2025-06 and in the Washington State Register at WSR 25-23-116.

The hearing is part of the rulemaking process for a product the agency described as new and previously unregulated. Langford said the proposed rules would create a new chapter under Title 48 of the Revised Code of Washington to govern supplemental long‑term care insurance, and explained that if the commissioner adopts the rule without substantial change it will be filed and adopted on or after Jan. 8, 2026 as noted in the published notice. The rule’s effective date would be 31 days after the office files the CR-103 with the code reviser; copies will be distributed via GovDelivery and posted on the office website after filing.

During the public comment period, one participant who identified herself as Joy said she and her employees are unhappy about mandatory contributions to the Washington Cares Fund and warned that the state risks acting more like an insurance agency than a government. “I don’t wanna keep putting money into it,” Joy said, adding that she worried benefits could be increased beyond what the fund can sustain. Joy also said the email notice and materials did not make the purpose or specifics of the proposed rules sufficiently clear and described difficulty submitting comments and using online tools to participate.

Langford clarified the purpose of the virtual session as a public hearing on the proposed supplemental long‑term care insurance rules and invited additional testimony; no other speakers were recorded. He stated that the commissioner will consider written comments and testimony; if substantial changes are made to the proposed rule, the office will republish notice and hold an additional hearing. If no substantial changes are made, the office will proceed with filing and publication consistent with the timelines Langford gave.

The hearing lasted only the allotted public comment period; there were no formal motions or votes. The hearing record, including written comments received, will be considered as the office completes the rulemaking record. The office encouraged interested parties to subscribe to rulemaking updates via the link provided in the meeting chat.

The hearing ended at the conclusion of the public comment period.