LTSS trust exemptions

AN ACT Relating to reopening the exemption from the long-term 1
services and supports trust program for employees who have purchased 2
long-term care insurance; and amending RCW 50B.04.085.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 50B.04.085 and 2021 c 113 s 5 are each amended to 5
read as follows: 6
(1) An employee who attests that the employee has long-term care 7
insurance purchased before November 1, ((2021)) 2027, may apply for 8
an exemption from the premium assessment under RCW 50B.04.080. An 9
exempt employee may not become a qualified individual or eligible 10
beneficiary and is permanently ineligible for coverage under this 11
title. 12
(2)(a) The employment security department must accept 13
applications for exemptions only from October 1, 2021, through 14
December 31, ((2022)) 2028. 15
(b) Only employees who are ((eighteen)) 18 years of age or older 16
may apply for an exemption. 17
(3) The employment security department is not required to verify 18
the attestation of an employee that the employee has long-term care 19
insurance. 20
H-0172.1
HOUSE BILL 1025
State of Washington 69th Legislature 2025 Regular Session
By Representatives Abbarno, Schmick, Burnett, Jacobsen, Eslick,
Couture, McClintock, Orcutt, and Dufault
Prefiled 12/10/24. Read first time 01/13/25. Referred to Committee
on Early Learning & Human Services.
p. 1 HB 1025
(4) Approved exemptions will take effect on the first day of the 1
quarter immediately following the approval of the exemption.2
(5) Exempt employees are not entitled to a refund of any premium 3
deductions made before the effective date of an approved exemption.4
(6) An exempt employee must provide written notification to all 5
current and future employers of an approved exemption.6
(7) If an exempt employee fails to notify an employer of an 7
exemption, the exempt employee is not entitled to a refund of any 8
premium deductions made before notification is provided.9
(8) Employers must not deduct premiums after being notified by an 10
employee of an approved exemption. 11
(a) Employers must retain written notifications of exemptions 12
received from employees. 13
(b) An employer who deducts premiums after being notified by the 14
employee of an exemption is solely responsible for refunding to the 15
employee any premiums deducted after the notification.16
(c) The employer is not entitled to a refund from the employment 17
security department for any premiums remitted to the employment 18
security department that were deducted from exempt employees.19
(9) The department must adopt rules necessary to implement and 20
administer the activities specified in this section related to the 21
program, including rules on the submission and processing of 22
applications under this section. 23
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p. 2 HB 1025