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Elder LawLong-Term Care Planning

How Washington’s Long-Term Care Act Affects Medicaid Planning in 2025

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If you live in Washington, you need to be aware of the Washington Long-term Care Act in 2025 and how it can impact your long-term care plan. Any legal changes can impact your long-term care plan, which is why it is essential to stay up-to-date with any 2025 WA Cares policy changes. Sometimes, these changes may benefit your plan, while other times, they may pose some risks. No matter what the updates are, it is always beneficial to get the help of a Spokane Medicaid trust attorney to ensure your long-term care plan is up-to-date.

Overview of the WA Cares Fund Updates

The Washington Long-term Care Act in 2025 has created greater opportunities for Washington residents to get access to affordable supplemental long-term care coverage. This coverage can come from private insurers, which also allows those who have private insurance exemptions to join the program.

The WA Cares fund update creates a structure that is very similar to Medicare and Social Security. The main purpose of this 2025 update is to make additional long-term care coverage more accessible to a wider group of individuals who want to prepare for the future.

This update has also provided other pathways for those who struggle to meet the 10-year contribution requirement.

The new supplemental policies will also provide individuals with at least 12 months of coverage after their WA Cares benefits have run out. This allows them to maintain their care providers as they are transitioning between programs.

Additionally, the updated policies require that options be included to reduce benefits instead of taking away coverage if someone is no longer able to pay increased premiums. Here are some additional benefits that may apply to your situation:

  • Partial benefits can be available for near-retirees.
  • Workers who leave Washington may be able to continue participating in the program and accessing their benefits.
  • Active duty service members who are working civilian jobs have an optional exemption.

Medicaid Planning Considerations Post-WA Cares

Now that you know about these changes to Washington law, what about Medicaid eligibility after WA Cares? The good news is that even if you use WA Cares, this will have no impact on your Medicaid eligibility as it is treated like a third-party payer for services. So, you can include both programs in your long-term care plan as a way of being better prepared for your future care needs.

Because WA Cares will not impact your ability to use Medicaid, you still need to make sure you meet the general Medicaid requirements. This includes making sure you are below the income and asset limits for eligibility, especially since these eligibility requirements can fluctuate year to year or fluctuate as your situation changes.

You should also continue to use traditional Medicaid planning tools as they will still apply even if you are also using WA Cares. You can continue to use different Medicaid planning strategies, such as:

  • Irrevocable funeral trusts
  • Spousal asset transfers
  • Medicaid asset protection trusts
  • Child caregiver exemption
  • Sibling exemption

It is a good idea to hire a Medicaid planning attorney in Spokane, Washington, to help you with Medicaid planning. They will be up-to-date with any changes and can help ensure you meet the requirements and are using all of the best planning strategies. An attorney can be especially helpful when you are using Medicaid along with WA Cares to ensure they do not conflict.

How to Future-Proof Your Long-Term Care Plan

The future is uncertain, and you need to make sure you are prepared and have your long-term care plan set in stone. Especially if you become incapacitated or your health becomes dramatically worse, you need to make sure you have an actionable plan in place.

Here are some additional steps you should take to make sure your long-term care plan is properly set up and future-proof.

Consult With an Attorney

The best way to future-proof your long-term care plan in Washington is to get legal advice from a qualified attorney. An elder law or long-term care planning attorney in Washington will be familiar with any changes or policy updates regarding things like Medicaid, Medicare, or the WA Cares Act.

An attorney can also review your long-term care plan to ensure you have the right legal documents, have done them correctly, and have accounted for every possible outcome.

Update Regularly

Even if you have created a legally binding long-term care plan, this isn’t the end of the process. You still need to regularly go back and make sure your long-term care plan is up-to-date and accurately reflects your needs and goals.

For instance, your financial situation may have changed, you may have gotten divorced, or you may have sold an asset. Any one of these situations can result in you needing to update your long-term care plan so that it is an accurate representation of your situation.

Reevaluate POAs

It is also a good idea to reevaluate your Eastern Washington elder law plan to make sure your POAs and advanced directives are up-to-date. An example of when this may be necessary is if you have had a falling out with your power of attorney or they have passed away. Any type of similar situation would result in you needing to update your POA and advanced directives to ensure the right person can make healthcare decisions on your behalf.

Get in Touch With an Elder Law Attorney Today

If you are worried about how the Long-term Care Trust Act in Washington will impact your future, reach out to a long-term care planning attorney at Legacy Law Group in Spokane, Washington. Contact us today at 509-315-8087 to speak with one of our attorneys to get the process started.

FAQ Section

Is the WA Cares Fund a substitute for Medicaid?

No, WA Cares provides limited benefits that can be useful but do not replace the type of benefits you get with Medicaid coverage.

Will I still need Medicaid planning if I pay into WA Cares?

For a thorough long-term care plan, you will still need Medicaid coverage, especially when it comes to more extensive long-term care, such as nursing home costs or in-home care.

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