Proposed State Forced Long-Term Care?

As you are aware, the state of Washington enacted House Bill 1087 into law in 2019. The “Washington Cares Fund” (formerly called “The Washington Long-Term Care Trust Act”) is intended to provide eligible employees in Washington with a small amount of long term care insurance (LTCi) coverage. In April 2021, Washington state passed an amendment (Substitute House Bill 1323) to the LTC Payroll Tax Law.  The bill was effective July 25, 2021. Residents were given until November 1, 2021, to purchase LTCi and opt-out of the tax.  The result was chaos as many people that had never considered LTC insurance rushed to get coverage ahead of the deadline.  The extremely high application volume resulted in a number of companies suspending new product sales.

"Washington state is the first in the nation to develop a way to make long-term care affordable for all workers in the state as we age."

Washington State is making changes to the first public program in the country, which will start taking payments in July and pay out benefits in 2026. California is considering four available insurance options. Minnesota is considering public and private market solutions.

Proposed Legislation

Based on proposed legislation, there are some inherent problems with the implementation. Including: 

  • If you don’t pay in 10 consecutive years or 40 quarters, no benefit
  • If you move to another state you may lose your benefit from the state you paid into
  • Males receive less than ⅓ benefit than females, but pay similar premium on their proposed legislation
  • Proposed 90-day elimination period
The Washington Cares Fund was passed in 2019. Starting in July 2023, Washington workers will begin contributing $0.58 per $100 of earnings to the fund, with employers responsible for collecting and remitting the tax.
  • Those who are eligible receive up to $36,500 (adjusted each year for inflation) throughout their lives, starting in July 2026.
  • Nearly 13% of Washington’s employees purchased LTCi or Life insurance with LTC riders to opt out of the fund.
  • Carriers were initially overwhelmed by demand but have since returned to the Washington LTC Market. Products now are focused on group or on high premium individual options.

Because of the sales increase in Washington, the LTCi market increased by more than 200%.

The Washington Cares Fund was passed in 2019. Starting in July 2023, Washington workers will begin contributing $0.58 per $100 of earnings to the fund, with employers responsible for collecting and remitting the tax.
  • Those who are eligible receive up to $36,500 (adjusted each year for inflation) throughout their lives, starting in July 2026.
  • Nearly 13% of Washington’s employees purchased LTCi or Life insurance with LTC riders to opt out of the fund.
  • Carriers were initially overwhelmed by demand but have since returned to the Washington LTC Market. Products now are focused on group or on high premium individual options.

Because of the sales increase in Washington, the LTCi market increased by more than 200%.

Similar to Washington Cares Fund, there is the California Long Term Care Insurance Task Force. Like Washington, California has begun a payroll tax for the LTCi which can potentially be opted out of only if there is another provider of LTCi.

The most comprehensive CA benefit design covers $144,000. In contrast, a 30-year, 3-year long-term care claim event costs around $1,000,000.

  • The employer and the worker could each pay the payroll tax, and five possible exemptions are being examined
  • California has 16.5 million employees, more than four times the number in Washington
  • The state might change its mind about moving up the deadline for buying private insurance policies eligible for opting out

California has fewer group and individual products and carriers than Washington. California is the most populous state with 6 million employees, which is four times that of Washington. Individual and group products with qualifying LTC riders are likely in short supply in California.

Due to state product approval delays, California has fewer group and individual products and carriers than Washington. Selling coverage now will get you ahead of the increase in demand that will likely come if the law is passed.

Similar to the Washington Cares Act, there is the New York Long Term Care Trust Act. In this draft, there is a payroll tax on earned income giving a $36,500 benefit for LTCi for life, and the option to opt out if LTCi is in place in the year prior to the law.

New York has fewer group and individual insurance products and carriers than Washington state, and more than double their working population. If the draft passes and causes demand to increase like in Washington State, underwriting will presumably be backed up.

Similar to the Washington Cares Act, Pennsylvania’s Long Term Care Trust Act (HB 2779), is LTC funded through the individual’s payroll at .58%. The draft shows up to $36,500 maximum lifetime benefits with claims based on three ADLs.

The long-term care state payroll tax may be exempt, but details are scarce. Regardless of state payroll tax or exemption, meaningful coverage should be discussed.

Similar to the Washington Cares Act, HF 1664 was proposed in 2021. This tax funded LTCi provides 365 $100 benefit units and there is at this time no exception exists but this may change as the bill moves forward.

There are still many choices in the land of 10,000 lakes, such as lifestyle plans that combine term life insurance and long-term care insurance.

  • Alaska
  • Colorado
  • Hawaii
  • Illinois
  • Maine
  • Michigan
  • Missouri
  • Montana
  • North Carolina
  • Oregon
  • Utah

At GP Agency, We have Options

  • Products that don’t require a 10-year pay-in period
  • Eligibility in all 50 states
  • Potential benefits on death in addition to Long Term Care
  • Full benefits no matter timing of death or Long Term Care
Because of this new legislation, there is a massive opportunity for agents this year to help 186,700,000 people secure some sort of qualifying LTC plan to avoid being forced into the government plan.
Qualifying plans would include the following features, and below are a couple examples of the more popular varieties.
  • Traditional long-term care
  • Life insurance with long-term care riders
  • Asset-based long-term care
  • Annuity-based long-term care

If you would like to receive updates as this develops, please join our mailing list below. 

LTC Quotes and information

Contact GP Agency to keep up with all of the State Requirements and carrier updates. We're happy to answer any questions you may have. 

Contact GP Agency1800-283-8376
This legislation is only proposed to this point. GP Agency can only speculate as to the future laws based on proposed legislation. Please read the laws and bills for yourself and use your best judgements to make decisions that are most ethically and fiscally responsible for your clients.

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