The back out to close became optional under 8.0 GDR 3 (Black). If the developer does not specify close, then the app stays open in the background as a default. When the card view became possible, the behavior of the back button became more flexible...
That is my layman's understanding.
I am now in the habit of long holding the back button every so often to check what is running. I also use the X to close those persistent Apps. For some reason (gut feeling) I think it is a more emphatic command to close rather than swiping the App off the screen. This habit of mine may be based solely on Android, where swiping away an App does not prevent it running in background.