Washington Initiative 2124, Opt-Out of Long-Term Services Insurance Program Initiative (2024)

Washington I-2124
Election date November 5, 2024
Topic Healthcare
Status On the ballot
Type State statute	Origin Citizens

Washington Initiative 2124, the Opt-Out of Long-Term Services Insurance Program Initiative, is on the ballot in Washington as an Initiative to the Legislature, a type of indirect initiated state statute, on November 5, 2024.

A "yes" vote supports allowing employees and self-employed individuals to opt out of paying the payroll tax and receiving benefits under WA Cares, the state's long-term services and supports trust health care program.

A "no" vote opposes allowing individuals to opt out of WA Cares, the state's long-term services and supports trust health care program that is funded through a mandatory payroll tax.

Overview

What would the initiative change about the long-term services (WA Cares) fund?

See also: Text of measure

This initiative would allow employees and self-employed individuals to opt out of coverage under WA Cares, the state's long-term services and supports trust health care program. An individual that opts out of the program would not be required to pay the payroll tax assessed on employees' wages that funds the program. The Employee Security Department would be responsible for developing rules to implement the opt-in and opt-out processes.^[1]

WA Cares is a healthcare program funded through a mandatory payroll tax that provides long-term health services benefits (such as home health care, adult day care, nursing home care, and group home care) to qualifying individuals. It is the first state-operated long-term care insurance program in the country. As of 2024, self-employed individuals that opt in to the program cannot opt out of the program unless they become no longer self-employed or retire. As of 2024, the program offered limited pathways for exemptions from paying into the program.

What is WA Cares?

See also: Background

The WA Cares program was created in 2019 when the Washington State Legislature passed House Bill 1087 along partisan lines with Democrats voting in favor and Republicans voting against the bill. Employers were required to begin deducting the tax from paychecks beginning on July 1, 2023. As of 2023, the tax rate was $0.58 per $100 of earnings, meaning an employee earning $50,000 a year would be required to pay $290 per year and an employee earning $150,000 a year would be required to pay $870 per year. Benefits were capped at $36,500 per individual over their lifetime.^[2]

What are supporters and opponents saying about the initiative?

See also: Support and Opposition

State Rep. Jim Walsh (R-19), who sponsored the initiative, said, "I-2124 allows working people to opt out of the state’s insolvent ‘WA Cares’ long-term care benefit payroll tax scheme. For a short time, people could opt out of the scheme under certain circumstances. But now, under current state law, working people must pay into the program in the form of money taken out of their paychecks. ... I-2124 simply lets people opt out if they choose. It defends consumer choice. And encourages transparency in state programs. Partisans trying desperately to defend the policy argue that the opt-out option will make this bad program’s problems worse. Supporters of I-2124 argue that protecting consumer choice will force WA Cares to either improve the value it offers participants or admit that private long-term care insurance is a better deal."^[3]

We Care for WA Cares campaign manager Jessica Gomez said, "Millions of working Washingtonians are counting on the WA Cares Fund to help pay for their care in case of injury, illness, or age. By effectively repealing WA Cares, this initiative would force workers to choose between depleting their savings to qualify for Medicaid, or betting on long-term care insurance only the wealthiest can afford."^[4]

How did this initiative get on the ballot?

See also: Path to the ballot and Let's Go Washington 2024 initiatives

Let's Go Washington, led by State Rep. Jim Walsh (R-19) and conservative donor Brian Heywood, sponsored six Initiatives to the Legislature. The Democratic-controlled state legislature enacted three of the initiatives into law. Legislative Republicans were unanimous in their support for the three initiatives, while Democrats were divided. The legislature took no action on the other three initiatives, so they were placed on the 2024 ballot for voter approval or rejection. The other two initiatives on the 2024 ballot are Initiative 2109, which was designed to repeal the capital gains tax, and Initiative 2117, which was designed to repeal the state's carbon tax trading program.

From 1912, when the state’s initiative process was established, to 2023, just six Initiatives to the Legislature (ITLs) have received legislative approval. With three approved in 2024, the total increases to nine, a 50% increase.

Text of measure

Ballot title

The ballot title for the initiative is below:^[1]

“

Initiative Measure No. 2124 concerns state long term care insurance. This measure would provide that employees and self-employed people must elect to keep coverage under RCW 50B.04 and could opt-out any time. It would also repeal a law governing an exemption for employees. Should this measure be enacted into law? Yes [ ] No [ ] [5]

”

Ballot summary

The ballot summary for the initiative is below:^[1]

“

This measure would amend state law establishing a state long term care insurance program to provide that employees and self-employed people must elect to keep coverage under RCW 50B.04, allow employees to opt-out of coverage under RCW 50B.04 at any time, and repeal a current law governing exemptions for employees who had purchased long term care insurance before November 1, 2021. [5]

”

Full text

The full text of the measure can be read below.

Support

Let's Go Washington is leading the campaign in support of Initiative 2124.^[6]

Supporters

Officials

• State Rep. Jim Walsh (R)

Individuals

• Brian Heywood - Founder of Let's Go Washington

Arguments

Opposition

No on 2124 is leading the campaign in opposition to the initiative.^[7]

Opponents

Unions

• SEIU 775
• SEIU 925
• UFCW 3000

Organizations

• AARP Washington
• AFT Washington
• Anti-Hunger & Nutrition Coalition
• Balance Our Tax Code
• Caring Across Generations
• Casa Latina
• Cascade Aids Project
• Children’s Alliance
• Economic Opportunity Institute
• Firelands Workers Action/Acción de Trabajadores
• Fuse Washington
• GSBA, Washington’s LGBTQ+ Chamber
• Gender Justice League
• Hand in Hand
• House Our Neighbors
• Indivisible Eastside
• LeadingAge Washington
• Mom’s Rising
• Multiple Sclerosis Society
• National Council of Jewish Women of Washington
• Northwest Progressive Institute
• OneAmerica Votes
• Permanent Defense
• Planned Parenthood Alliance Advocates
• Progreso: Latino Progress
• Puget Sound Advocates for Retirement Action
• Queer Power Alliance
• Snohomish County Indivisible
• Statewide Poverty Action Network
• Transit Riders Union
• Transportation Choices Coalition
• Wallingford Indivisible
• Washington Association of Area Agencies for Aging
• Washington Conservation Action
• Washington Consumer Protection Coalition
• Washington Health Care Association
• Washington Physicians for Social Responsibility
• Washington State Budget & Policy Center
• Washington State Coalition Against Domestic Violence
• Washington State Democrats
• Washington State Parent Ambassadors
• Washington State Senior Citizens’ Lobby
• We Care for WA Cares

Arguments

Campaign finance

See also: Campaign finance requirements for Washington ballot measures

Let's Go Washington and Taxpayers Accountability Alliance raised $8.11 million in support of the initiative. Let's Go Washington also supports Initiative 2109 and Initiative 2117 on the 2024 ballot.^[8]

No on 2124 and Stop Greed raised $277,636 in opposition to the initiative. Stop Greed is also registered to oppose the two other initiatives (Initiative 2109 and 2117) on the 2024 ballot.^[8]

Since the committees are registered to support or oppose multiple measures, it is impossible to distinguish between funds spent on each individual measure.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$6,856,287.84	$1,260,834.54	$8,117,122.38	$6,896,121.98	$8,156,956.52
Oppose	$258,403.00	$19,233.39	$277,636.39	$78,652.96	$97,886.35

Support

The following table includes contribution and expenditure totals for the committee in support of Initiative 2124.^[9]

Committees in support of Initiative 2124
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Let's Go Washington	$6,854,396.00	$1,260,834.54	$8,115,230.54	$6,852,805.34	$8,113,639.88
Taxpayers Accountability Alliance	$1,891.84	$0.00	$1,891.84	$43,316.64	$43,316.64
Total	$6,856,287.84	$1,260,834.54	$8,117,122.38	$6,896,121.98	$8,156,956.52

Donors

Donors to the support campaign were as follows:^[9]

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Brian Heywood	$5,176,000.00	$1,229,965.16	$6,405,965.16
Phil Scott	$250,000.00	$0.00	$250,000.00
Steve Gordon	$150,000.00	$9,221.00	$159,221.00
Kemper Holdings, LLC	$100,000.00	$0.00	$100,000.00
Peter Plath	$100,000.00	$0.00	$100,000.00

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to Initiative 2124.^[9]

Committees in opposition to Initiative 2124
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
No on 2124	$250,000.00	$19,190.00	$269,190.00	$71,228.75	$90,418.75
Stop Greed	$8,403.00	$43.39	$8,446.39	$7,424.21	$7,467.60
Total	$258,403.00	$19,233.39	$277,636.39	$78,652.96	$97,886.35

Donors

Donors to the opposition campaign were as follows:^[9]

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
SEIU 775 Ballot Fund	$250,000.00	$14,065.00	$264,065.00
Northwest Progressive Institute	$6,000.00	$32.83	$6,032.83
AARP Washington State	$0.00	$5,125.00	$5,125.00
Permanent Defense PAC	$1,000.00	$0.00	$1,000.00
Mathew Roling	$250.00	$0.00	$250.00
Terry Oliver	$250.00	$0.00	$250.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

WA Cares Fund (Long-Term Services and Supports Trust Act)

In 2019, the Washington State Legislature passed House Bill 1087 along partisan lines with Democrats voting in favor and Republicans voting against the bill. The Long-Term Services and Supports Trust Act created the first state-operated long-term care insurance program. The program, known as the WA Cares Fund, is funded through a mandatory payroll tax on employees' wages. Employers were required to begin deducting the tax from paychecks beginning on July 1, 2023. There is no cap on wages that are subject to the tax.^[10]

As of 2023, the tax rate was $0.58 per $100 of earnings, meaning an employee earning $50,000 a year would be required to pay $290 per year and an employee earning $150,000 a year would be required to pay $870 per year. Benefits have a cap of $100 per day with a $36,500 lifetime cap. Under the bill, benefits covering medical, personal, and social services for individuals with prolonged illness or disabilities (such as home health care, adult day care, nursing home care, and group home care) can be received beginning on July 1, 2026.^[2]

Eligibility requirements

To be eligible for WA Cares Fun benefits, an individual must be at least 18 years old and have worked and contributed to the fund for:^[2][10]

• a total of 10 years without an interruption of five or more consecutive years; or
• three of the last six years at the time of applying for the benefit; and
• worked at least 500 hours per year.

Exemptions

Individuals with private long-term care insurance before November 1, 2021, could apply for a permanent exemption from the program from a limited time between October 1, 2021, through December 31, 2022. Beginning in 2023, the exemption was no longer available. Beginning January 1, 2023, employees who live out of state, workers on non-immigrant visas, and military spouses or registered domestic partners could conditionally opt out of the program, and veterans with a 70% or higher service-connected disability could permanently opt out of the program. Self-employed individuals can also apply to opt in to the program but cannot opt out of the program unless they become no longer self-employed or retire.^[2]

Through December 29, 2022, the Washington Employment Security Department received 483,778 applications for exemption and approved 480,366 of them.^[11]

House Bill 2467 (2024)

During the 2024 legislative session, the Washington State Legislature passed House Bill 2467, which allowed benefits to be collected by those who live out-of-state. While benefits for in-state beneficiaries were set to become available in 2026, benefits for out-of-state beneficiaries were expected to become available in 2030.^[12]

State Rep. Nicole Macri (D-43), who sponsored HB 2467 in the state House, said, "“Even though Washington is the first state in the nation with long term care benefits, by implementing this change, we can count on our benefits no matter where we end up. I know from experience helping care for my partner’s father the toll caregiving can take on family members, financially, physically and emotionally. There’s no denying the likelihood that most of us will either need care for ourselves, or be a caregiver for a loved one someday. Washington’s long term care benefits will provide a lifeline of support when that happens.”^[13]

Let's Go Washington 2024 initiatives

See also: Let's Go Washington PAC (2024)

Let's Go Washington, led by State Rep. Jim Walsh (R) and conservative donor Brian Heywood, sponsored six Initiatives to the Legislature. The Democratic-controlled state legislature enacted three of the initiatives into law without being placed on the ballot. The legislature took no action on the other three, so they were placed on the ballot.

The conservative PAC Let’s Go Washington was behind the six Initiatives to the Legislature. State Rep. Jim Walsh (R-19), who is also chairperson of the Washington Republican Party, filed the initiatives. Brian Heywood, CEO of Taiyo Pacific Partners, founded the PAC.

Democrats control both chambers of the Washington State Legislature. Legislative Republicans were unanimous in their support for the three initiatives, while Democrats were divided. However, a majority of Democrats supported each of the three.

From 1912, when the state’s initiative process was established, to 2023, just six Initiatives to the Legislature (ITLs) have received legislative approval. With three approved in 2024, the total increases to nine, a 50% increase.

Reports and analyses

Add a disclaimer inviting people to send us more analyses if they exist.

State Actuary actuarial analysis

See also: State Actuary actuarial analysis

The Washington State Actuary's actuarial analysis included the following findings:

“

If this initiative is approved, we recommend conducting additional assessments to integrate risk-management best practices from voluntary programs. This would help mitigate potential unintended consequences related to program sustainability or affordability, to the extent possible. Changing the WA Cares Fund from near-universal coverage to a fully voluntary program while retaining guaranteed coverage may have unintended consequences on the fund’s solvency. Those unintended consequences include scenarios where the program may have insufficient assets to pay full program benefits or where premium rates become unaffordable over time. If premium rates become unaffordable, the ongoing voluntary nature of the program and who participates could further lead to increased premium rates that could ultimately lead to an unsustainable program.[5]

”

If you are aware of an analysis that could be included here, please send an email with a link to editor@ballotpedia.org.

Path to the ballot

See also: Laws governing the initiative process in Washington

The state process

In Washington, the number of signatures required to qualify an indirectly initiated state statute—called an Initiative to the Legislature in Washington—for the ballot is equal to 8 percent of the votes cast for the office of governor at the last regular gubernatorial election. Initial filings for indirect initiatives cannot be made more than 10 months before the regular session at which their proposal would be presented to lawmakers. Signatures must be submitted at least 10 days prior to the beginning of the legislative session in the year of the targeted election.

The requirements to get an Initiative to the Legislature certified for the 2024 ballot:

• Signatures: 324,516 valid signatures
• Deadline: December 29, 2023, by 5:00 p.m. local time

The secretary of state verifies the signatures using a random sample method. If the sample indicates that the measure has sufficient signatures, the measure is certified to appear before the legislature. If the legislature does not approve the measure, it is certified to appear on the ballot. However, if the sample indicates that the measure has insufficient signatures, every signature is checked. Under Washington law, a random sample result may not invalidate a petition.

Details about this initiative

• On June 16, 2023, state Rep. Jim Walsh (R-19) filed the ballot initiative. The initiative's ballot title was issued on June 27.^[1]

• Let's Go Washington, the committee supporting the initiative, reported submitting 427,481  signatures on December 28, 2023. At least 75.91% of the submitted signatures needed to be projected as valid.^[14]

• The office of Secretary of State Steve Hobbs (D) conducted a random sample of 3% of the submitted signatures, which was 12,825 signatures. His office verified 10,552 (82.28%) of those signatures.^[15]

• The Washington State Legislature adjourned the 2024 legislative session on March 7, 2024, without taking action on the initiative and without proposing an alternative, thereby certifying the initiative for the ballot.

How to cast a vote

See also: Voting in Washington

Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Washington.

How to cast a vote in Washington

Poll times Washington is an all-mail voting state. Individuals who prefer to vote in person rather than by mail may do so at local voting centers, which are open for 18 days prior to the election. The voting period ends at 8:00 p.m. on Election Day. Contact your county elections department for more information on voting center locations and times.[16] Registration Check your voter registration status here. To vote in Washington, one must be a citizen of the United States, a resident of the state, and at least 18 years of age.[17] One may register to vote online, by mail, or in-person at a county elections department. Registration must be completed eight days in advance if done by mail or online. In-person registration is available through Election Day.[18][19] In 2018, Washington lawmakers enacted legislation providing for same-day voter registration and automatic voter registration.[20] Automatic registration Washington automatically registers eligible individuals to vote through the Department of Motor Vehicles, health benefit exchange, and other state agencies approved by the governor.[20] Online registration See also: Online voter registration Washington has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Washington allows same-day voter registration.[20] Residency requirements Washington law requires 30 days of residency in the state before a person may vote.[17] Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Washington does not require proof of citizenship for voter registration. Verifying your registration The site Vote WA, run by the Washington Secretary of State office, allows residents to check their voter registration status online. Voter ID requirements Washington is an all-mail voting state and does not require voters to present photo identification (ID). Voters may choose to vote in person at a local voting center. According to state law RCW 29A.40.160, “The county auditor shall require any person desiring to vote at a voting center to either sign a ballot declaration or provide identification.” Accepted forms of ID include driver's licenses, state ID cards, and student ID cards. For a list of all accepted forms of ID, see below.[21] The following list of accepted ID was current as of April 2023. Click here for the Washington State Legislature's voter ID regulations to ensure you have the most current information. Driver's license State identification card Student identification card Tribal identification card Employer identification card

See also

2024 measures 2024 ballot measures Healthcare on the ballot 2024 petition deadlines

Washington Washington ballot measures Washington initiative laws

News and analysis Ballot measure lawsuits Ballot measure readability Ballot measure polls Ballot measure signature costs

External links

• Initiatives to the Legislature
• Initiative 2124 full text

Footnotes

v • e 2024 ballot measures I&R States  • Alaska • Arizona • Arkansas • California • Colorado • Florida • Idaho • Maine • Maryland • Missouri • Nebraska • Nevada • New Mexico • North Dakota • Oklahoma • Oregon • South Dakota • Utah • Washington • Wyoming Non I&R States  • Alabama • Connecticut • Georgia • Hawaii • Indiana • Iowa • Kentucky • Minnesota • New Hampshire • New York • Rhode Island • Virginia • West Virginia • Wisconsin Other Scorecard • Petition drive deadlines and requirements • Polls • Lawsuits • Readability analysis • Signature costs • Cost per required signatures analysis • Campaign finance • Media editorial endorsements • Voter guides • Potential measures • Ballot Measure Monthly • Changes in 2024 to laws governing the initiative process • Not on the ballot • Filed initiatives

	v • e State of Washington Olympia (capital)
Elections	What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures
Government	Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy