HB 1026
In CommitteeHouse
LTSS trust spousal benefits
Protecting spouses by allowing the sharing of benefits under the long-term services and supports trust program.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill lets people enrolled in Washington’s LTSS Trust Program share their unused benefit units with their spouse, even if the spouse hasn’t yet qualified or has already used up their own benefits. It helps couples use their combined benefits more flexibly to cover long-term care needs.
- Allows a qualified individual to transfer some or all of their remaining benefit units to their spouse.
- The spouse must either (a) not yet qualify as a qualified individual but meet functional needs criteria, or (b) previously qualified but exhausted their own benefits and now meets functional needs criteria.
- The transferring individual’s available benefit units are reduced by the amount transferred.
- The transferred benefits can be used for long-term services and supports (LTSS) under the LTSS Trust Program.
Who is affected
- Spouses of qualified individuals — Spouses of individuals enrolled in the LTSS Trust Program who do not yet qualify as qualified individuals but meet functional needs criteria — they may receive transferred benefits to help cover long-term care costs.
- Qualified individuals (LTSS Trust participants) — Individuals already enrolled in the LTSS Trust Program who choose to share some or all of their remaining benefit units with their spouse — their own available benefits will be reduced accordingly.
- Spouses who previously exhausted their own LTSS benefits — Spouses who previously qualified as individuals but exhausted their own benefits — they may receive additional benefits through transfer from their spouse.
- State of Washington (LTSS Trust Program administrators) — The state of Washington, which administers the LTSS Trust Program — may see changes in program costs due to benefit transfers between spouses.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Enables spouses who are functionally eligible but not yet formally qualified (or previously exhausted benefits) to access long-term care services through spousal benefit transfer — expanding access to critical support for vulnerable older adults and people with disabilities who otherwise might face unaffordable out-of-pocket costs or institutionalization.
HealthcarePeopleRef: Sec. 1(1)(a)(ii), Sec. 1(1)(b)(ii)Supports aging in place and community-based care by allowing couples to coordinate benefits flexibly — reducing pressure to move into institutional settings or unaffordable assisted living, which disproportionately impacts low- and moderate-income seniors and people with disabilities.
HousingPeopleRef: Sec. 1(1)(a)(i), Sec. 1(1)(b)(i)The bill’s minimal projected increase in state costs is offset by the fact that transfers do not increase total lifetime benefits beyond what would have been paid to the couple combined — meaning no net increase in program expenditure, reducing fiscal risk to state and local budgets.
Local GovernmentPeopleRef: Fiscal Impact SummaryEnhances spousal autonomy and family decision-making by allowing individuals to allocate their own benefit units to a spouse in need — reinforcing the right to care for one’s partner within a shared economic unit, especially important in cases where one spouse has higher accrued benefits.
Rights & LibertiesLean peopleRef: Sec. 1(2)Reduces risk of crisis-level reliance on emergency services (e.g., frequent 911 calls, ER visits) by enabling earlier access to long-term support services — particularly valuable for individuals with dementia or severe disabilities whose unmet needs can lead to unsafe situations.
Public SafetyLean peopleRef: Sec. 1(1)(a)(ii), Sec. 1(1)(b)(ii)
Potential Concerns (1)
Enables spouses who are functionally eligible but not yet formally qualified (or previously exhausted benefits) to access long-term care services through spousal benefit transfer — expanding access to critical support for vulnerable older adults and people with disabilities who otherwise might face unaffordable out-of-pocket costs or institutionalization.
HealthcarePeopleRef: Sec. 1(1)(a)(ii), Sec. 1(1)(b)(ii)
Who Is Most Affected
Spouses who are functionally eligible but not yet formally qualified or who previously exhausted their own benefits gain access to needed long-term care services they would otherwise be denied — reducing financial strain and improving quality of life.
Qualified individuals retain control over how their benefit units are used, enabling them to prioritize care for their spouse — but they permanently reduce their own future benefit availability, which may matter if they later need more care.
Spouses who previously exhausted their benefits gain a second chance at coverage — a significant relief for couples where one partner’s care needs outlasted their allocated benefits.
The state sees minimal fiscal impact due to the non-additive nature of transfers, but program administrators gain operational flexibility in managing benefit allocations across couples.
Families with combined long-term care needs benefit from greater benefit portability — especially those with asymmetric benefit accruals (e.g., one spouse worked longer or contributed more to the program), helping avoid financial catastrophe.