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.
- Introduced (completed)
- 2Committee (current stage)
- 3Floor Vote (not started)
- 4Opposite Chamber (not started)
- 5Governor (not started)
- 6Signed (not started)
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 (3)
The bill allows spouses who have already exhausted their own LTSS benefits to receive additional support from their partner, preventing a gap in care for individuals who have already utilized their full entitlement.
HealthcarePeopleRef: Sec. 1(1)(b): 'Has exhausted the benefit units available to the receiving spouse under the program.'It enables spouses who do not yet qualify as 'qualified individuals' (e.g., due to age or specific enrollment status) but have functional needs to access long-term services and supports, expanding the safety net for couples where one partner is not yet eligible.
HealthcarePeopleRef: Sec. 1(1)(a)(i): 'Does not meet the criteria to be a qualified individual under RCW 50B.04.050.'The bill provides financial flexibility to couples by allowing them to pool their benefit resources, which can help manage the high out-of-pocket costs associated with long-term care that might otherwise exceed individual benefit limits.
FinancialPeopleRef: Sec. 1(1): 'A qualified individual may elect to transfer any or all of the qualified individual's available benefit units to the qualified individual's spouse.'
Potential Concerns (2)
The bill mandates that the transferring spouse's available benefit units are reduced by the amount transferred, creating a zero-sum scenario within the couple that may leave the transferring spouse with insufficient resources for their own future care needs.
HealthcareRef: Sec. 1(2): 'A qualified individual who transfers benefit units to a spouse shall have the amount of transferred units deducted from the amount of benefit units available to the qualified individual who makes the transfer.'The transfer is contingent on the receiving spouse meeting specific functional criteria through an evaluation, which introduces administrative complexity and potential delays in accessing benefits while the evaluation process is completed.
HealthcareRef: Sec. 1(1)(a)(ii) & (b)(ii): 'Following an evaluation, is determined to meet the functional criteria necessary to become an eligible beneficiary as established in RCW 50B.04.060.'
Who Is Most Affected
- Spouses of LTSS Trust participantsPositive Impact
These individuals gain access to long-term care benefits they would otherwise not have, either because they are not yet qualified or have already used up their own benefits, significantly improving their care options and financial stability.
- Qualified individuals (LTSS Trust participants)Mixed Impact
While they gain the option to support their spouse, they face the risk of depleting their own benefit reserves, which could leave them vulnerable if their own care needs increase later.
- State of Washington (LTSS Trust Program administrators)Negative Impact
The state may see a slight increase in program costs as benefits are extended to spouses who might not have otherwise received them, although the total lifetime benefits per couple remain capped.
- Long-term care providersMixed Impact
Providers may see an increase in demand for services as more spouses become eligible for benefits, potentially straining capacity in certain regions.
Sponsors
- Representative Abbarno(Republican)District 20Primary
- Representative Schmick(Republican)District 9Secondary
- Representative Burnett(Republican)District 12Secondary
- Representative Jacobsen(Republican)District 25Secondary
- Representative Eslick(Republican)District 39Secondary
- Representative McClintock(Republican)District 18Secondary