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Employment, Benefits & Immigration

"Washington State Long-Term Care Act: Litigation Strategies and Exemption Requests," Davis Wright Tremaine Webinar

10.13.21
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Washington state has passed the nation's first public-operated, long-term care insurance program—the Long Term Care Trust Act—which is paid for by employees through employer withholding as a payroll tax. The statute is a compliance nightmare for employers, employees, and the state. It is underfunded and unlikely to provide the promised benefits. Older employees and employees that reside or move out of state are paying for a benefit that they will never receive. High-wage earners will pay more than the benefit provided. Individuals who wanted to purchase a private policy have been unable to do so due to the rush to the marketplace to opt-out of this unpopular law. This seminar focuses on the exemption process and litigation strategies, including:

  • Overview of the Washington long-term care program and the exemption process
  • Potential litigation issues—ERISA preemption as well as other statutory and common law violations
  • Answering questions and discussing issues relating to the legality of: residency requirements, age requirements, forfeiture provisions, disclosure violations, and tax violations

Resources:

  • Add your name to an employer coalition that is reviewing litigation options
  • Add your name to an employee coalition that is reviewing litigation options

Speakers:

  • Richard Birmingham
  • Christine Hawkins

(On-demand versions are not eligible for CLE credit.)

 

 

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