Understanding Long Term Care Legislation

Federal

Federal | H.R 8820 Improving Access to Long-Term Care Insurance Act bill.

Propose an above-the-line deduction for premiums paid on LTC insurance in an effort to make LTC insurance more affordable and accessible.

Federal | WISH ACT - HB 2082

• Catastrophic LTC program available after a waiting period
• Waiting period dependent on an individual’s income
• Private coverage may be needed to cover the waiting period
• Does not include a funding source

California

California | Feasibility Study - Assembly Bill 567

• Click here for the Oliver Wyman Feasibility Report FAQ
• Click here for an Actuarial Analysis by Oliver Wyman
  
• Click here for the AB 567 Actuarial Analysis and Next Steps
• Click here for the AB 567 Clarifications

2019 - the bill establishes The Long-Term Care Insurance Task Force to explore the feasibility of developing and implementing a culturally competent statewide insurance program for long-term care services and supports. This includes the design of the program including eligibility, financing, benefits, and other key topics related to administration.

December 2022 - the Task Force finalized their Feasibility Report, in which five (5) plan designs were proposed.

December 2023 - Oliver Wyman completed their analysis of the 5 plan designs and provided to the legislature.

January 2025 - The next step would be that the legislature, department of insurance, or Governor's office decides if they want to move forward with the task force recommendations. 

Connecticut

Proposed Bill - CT S 184
In January 2025 Connecticut proposed CT S 184, a new tax credit for premiums paid for long-term care insurance. It also incorporates consumer protection measures to ensure transparency, education, and acknowledgment of understanding the product and its risks.

Prior Bills

• Senate Bill 245
• Bill no. 903-CT-2023

Georgia

Proposed Bill - HR 1276
Proposed constitutional amendment to create the Long-Term Services and Supports Trust Fund to reimburse LTC services incurred by eligible individuals.

Hawaii

• Resolution passed the senate and will move forward
• Request for the HI Tax Review Commission to identify possible means to implement state LTC financing program which would provide universal and affordable LTC care for all eligible state residents 

Kentucky

House Joint Resolution 100
A joint resolution directing the Department of Insurance to create a task force to explore the feasibility of implementing a statewide insurance program for long-term care services and supports.

Maryland

Proposed Bill HB0349
Legislation proposed that calls for a study to be conducted on LTC Insurance & State Programs.  The bill requires the Department of Aging to contract with an independent consultant to complete an insurance study on public and private options for leveraging resources to help individuals prepare for long-term care services and support needs; and requiring the Department to submit an interim report by December 31, 2024 summarizing the progress of the study and a final report by December 31, 2025 to the Governor and General Assembly on the results of the study.

Massachusetts

Proposed Bill S.476: An Act Establishing a Special Commission on a Statewide Long-Term Services and Supports Benefit Program

Proposed Bill H.792: An Act Establishing a Special Commission on a Statewide Long-Term Services and Supports Benefit Program

MA office of Health & Human services feasibility study

• Study completed, final report pending
• public program model funded through payroll tax

Minnesota

Feasibility Study - HF 1664

This feasibility study proposes a transformative long-term care service and support financing study called, “Own Your Future.” The Minnesota Department of Human Services Aging and Adult Services Division has contracted with FTI Consulting Inc. (FTI) to conduct an innovative study aimed at increasing access to long-term care services and supports (LTSS) for Minnesota’s older adult population.

• The Own Your Future LTSS Funding and Services Initiative
• Own Your Own Future Reports

December 2024 - Legislative task force on aging released final recommendations.

• Prioritizes establishment of a new 
  agency called "Cabinet on Aging" to support Aging and LTC issues focusing on LTC solutions, including potentially considering a state option

New York

Senate Bill S1779 | Introduced January 8, 2025. Enacts the "New York long term care trust act" and establishes the New York long term care trust program.

Assembly Bill A1499 | Introduced January 10, 2025. Enacts the "New York long term care trust act" and establishes the New York long term care trust program.

New York has both a Senate and Assembly bill. Both must pass a bill before the Governor can consider it for signature.

Oregon

Senate Bill 34
On January 13, 2025 Oregon introduced OR S 34. The bill requires the Department of Human Services to study long-term care. It directs the department to submit findings to the interim commitees of the Legislative Assembly related to health no later than September 15, 2026.

Pennsylvania

Proposed Bill -HB 844
Introduced in March, 2023 to provide for long-term care services and supports, establishes the Long-Term [Care] Services and Supports Commission, the Long-Term [Care] Services and Supports Council and the Long-Term [Care] Services and Supports Trust Fund; imposing duties on the Department of Human Services and the Department of Revenue; and imposing a payroll premium.

Vermont

Proposed Bill - H.120
On January 26, 2025 Vermont introduced VT H 120. The bill proposes requiring the Secretary of Administration to study and design a trust fund that will provide for long-term care for certain Vermont residents, and to propose legislation to statutorily create this fund.

Washington

Law Passed | WA Cares Fund

• 2019 - The WA Cares Act became law
  • Private Insurance Opt-Out
    •  Those who had private long-term care insurance on or before Nov. 1, 2021, were able to apply for an exemption from the WA Cares Fund from Oct. 1, 2021, until Dec. 31, 2022. Those who applied for this exemption, and were approved, are permanently exempt from WA Cares. This opt-out provision is no longer available for new applicants.
  • Looking for your exemption approval letter?
    • Log in to your WA Cares exemption account and click on the ‘Exemption ID’ of your approved exemption to view and download a copy.
    • Call WA Cares Fund at 833-717-2273 to request more copies be mailed to you.
  • Looking for more information on exemptions?
    • Find answers to frequently asked questions about exemptions in the WA Cares Fund Help & Support Center.
    • You can reach ESD's WA Cares Fund representatives at wacaresexemptions@esd.wa.gov or by calling (833) 717- 2273.

• January 2023 - Beginning January 1, 2023, Washington workers became eligible for exemptions by applying for an exemption from WA Cares if any of the following apply to them:
  • Live outside of Washington
  • Are the spouse or registered domestic partner of an active-duty service member of the United States armed forces
  • Have a non-immigrant work Visa
  • Are a veteran with a 70% service-connected disability rating or higher. Veterans with a 70% service-connected disability rating or higher will receive a permanent exemption.
  • If your exemption is approved
    • You will receive an exemption approval letter from the ESD, which you will need to present to all your current and future employers.
    • Once you provide your approval letter to your employers and the effective date of your exemption has passed, your employers must stop withholding premiums. If your employers continue to withhold premiums, they must return them to you.
    • If you fail to present your approval letter to your employers, any premiums that may have been collected will not count toward benefit eligibility and employers have no responsibility to return those premiums to you.
    • Exemptions will take effect the quarter after your application is approved.
  • To apply for an Exemption: Click here
  • For WA Cares Fund Assistance Click here
    
    
• July 2023 - The WA Cares Fund payroll tax took effect on July 1, 2023. 

• June 2024 - The following changes to WA Cares Fund are effective:
  
  • July 2026 - Washington workers can choose to continue participating in the WA Cares Fund if they move out of state. Click here for more information.
  • July 2030 - Benefits will become available for out-of-state participants. Click here for more information.

• November 2024 - State ballot initiative 2124, proposed to make the WA Cares Act optional, did not pass on Nov. 5, 2024. 

Bills Currently Proposed

• HB 1025 - Prefiled for Introduction. December 10, 2024.
  • AN ACT Relating to reopening the exemption from the long-term services and supports trust program for employees who have purchased long-term care insurance; and amending RCW 50B.04.085.
  • Proposes the following amendments - An employee who attests that the employee has long-term care insurance purchased before November 1, ((2021)) 2027, may apply for an exemption from the premium assessment under RCW 50B.04.080. An exempt employee may not become a qualified individual or eligible beneficiary and is permanently ineligible for coverage under this. The employment security department must accept applications for exemptions only from October 1, 2021, through December 31, ((2022)) 2028
    
    
• HB 1026 - Prefiled for Introduction. December 10, 2024.
  • AN ACT Relating to protecting spouses by allowing the sharing of 2 benefits under the long-term services and supports trust program; and adding a new section to chapter 50B.04 RCW
    
    
• SB 5291 - Passed House and Senate as of April 22, 2025. January 15, 2025.
  • This bill modifies the existing long-term care services and supports program by expanding coverage options for out-of-state participants, clarifying eligibility requirements, and creating a new regulatory framework for supplemental long-term care insurance.
  • It allows Washington workers who move out of state to continue participating in the program if they've paid premiums for at least three years, with specific reporting requirements.
  • The bill establishes new rules for supplemental insurance policies, including consumer protection measures, disclosure requirements, and standards for insurance producers selling these policies.
  • It also addresses exemptions for certain workers, such as those with nonimmigrant visas, and creates provisions for care coordination between the state program and supplemental insurance providers.
  • Additionally, the bill includes a pilot project to assess administrative processes and provides mechanisms for potential federal waiver savings to be deposited into the program's trust account. The changes aim to improve the program's flexibility, accessibility, and sustainability while protecting consumer interests in long-term care insurance.
    
    
• HB 1415 - Introduced. January 20, 2025
  • Implementing the recommendations of the long-term services and supports trust commission.
    
    
• HB 1578 - Introduced. January 24, 2025
  • Repealing the long-term care services and supports trust program.
    
    
• SJR 8201 - 2025-26 - Filed with Secretary of State. February 20, 2025
  • Amending the Constitution to allow the state to invest moneys from long-term services and supports accounts.