Memory care services

AN ACT Relating to improving dementia care in Washington by 1
creating a certification for memory care services; amending RCW 2
18.20.020, 18.20.190, 18.20.300, 18.20.320, and 18.20.525; adding new 3
sections to chapter 18.20 RCW; creating a new section; and providing 4
an expiration date. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. (1) The legislature finds that:7
(a) "Memory care" is not well-defined and has no standard 8
definition in Washington. Memory care, however, is commonly 9
understood to be a form of specialized care for people living with 10
progressive memory loss or dementia. The term is most often applied 11
to assisted living communities or other residential settings that 12
offer specialized services and a specially designed environment that 13
accommodates the needs of this population; 14
(b) A growing number of assisted living facilities use memory 15
care in their names or their service descriptions and advertise 16
themselves as providing memory care, Alzheimer's care, or dementia 17
care. An informal study performed by the dementia action 18
collaborative in 2021 found that there are approximately 237 assisted 19
living facilities in Washington that advertise themselves as offering 20
memory care or specialized dementia care, and that exact terminology 21
S-0556.3
SENATE BILL 5337
State of Washington 69th Legislature 2025 Regular Session
By Senators Orwall, Frame, Hasegawa, Lovick, and Nobles
Read first time 01/17/25. Referred to Committee on Health & Long-
Term Care.
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and related available services varied. The use of the term "memory 1
care" may mean that the whole building is devoted to the care of 2
people living with dementia or that they offer a special unit or wing 3
devoted solely to memory care; and 4
(c) The lack of a standard definition for memory care has 5
resulted in differing physical environments and services from one 6
facility to another. This situation makes it difficult for consumers 7
and family members who are seeking or receiving care to understand 8
the services and staffing currently offered and that can be expected 9
as needs change over time. 10
(2) The legislature intends to create a memory care facility 11
certification for licensed assisted living facilities, managed by the 12
department of social and health services, to create a more 13
standardized definition of memory care in Washington and help 14
consumers make informed choices about receiving memory care services 15
in assisted living facilities. 16
NEW SECTION. Sec. 2. A new section is added to chapter 18.20 17
RCW to read as follows: 18
(1) After July 1, 2026, a person may not operate or maintain a 19
memory care facility or memory care unit within this state without 20
becoming certified under this section. 21
(2) To become certified by the department as a memory care 22
facility or memory care unit, a licensed assisted living facility 23
must: 24
(a) Provide proof of valid contract with the department to 25
provide dementia care services at an enhanced rate for medicaid 26
clients; or 27
(b)(i) Have a valid, current license to operate the assisted 28
living facility, as required under RCW 18.20.030; 29
(ii) Not have any of the following uncorrected significant 30
enforcement actions in the 12 months prior to the date of 31
application: 32
(A) Citations issued in areas that adversely affect resident 33
care; 34
(B) Civil fines based on the department's determination of 35
moderate or serious severity; 36
(C) A stop placement, or any conditions on a license related to 37
resident care; or 38
(D) Any license revocation or summary suspension actions;39
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(iii) Not have an established pattern of repeated citations or 1
significant enforcement actions that adversely affect resident care 2
in the 24 months prior to the date of application; 3
(iv) Have permanent building structure that provides a separate 4
wing, unit, or building for memory care where residents will reside 5
and that meets the needs of residents with dementia, including 6
elements intended to prevent elopement such as restricted egress;7
(v) Complete a full assessment of each resident receiving care in 8
the memory care facility or memory care unit on at a minimum a 9
semiannual basis that includes a generalized dementia care 10
assessment; 11
(vi) Maintain staffing levels in the memory care portions of the 12
assisted living facility that are appropriate to meet the unique 13
needs of residents with dementia, including: 14
(A) Maintaining awake staff 24 hours per day at a level that is 15
adequate to respond to the assessed sleeping and waking patterns and 16
needs of residents; 17
(B) Maintaining staffing levels adequate to routinely provide 18
assistance with eating, drinking, and cueing of eating and drinking, 19
and occasionally provide all necessary physical assistance with 20
eating for residents who require feeding assistance, including 21
cutting up food into appropriate-sized pieces and helping the 22
resident get food and liquid into their mouth. Nothing in this 23
subsection (2)(b)(vi)(B) shall be construed as requiring a memory 24
care facility or memory care unit to provide total feeding assistance 25
for an extended or indefinite period. Memory care facilities or 26
memory care units are not required to provide or maintain feeding 27
tubes or intravenous nutrition; 28
(C) Ensuring that each staff member who works directly with 29
memory care residents has at least six hours of continuing education 30
per year related to dementia, including Alzheimer's disease. The six 31
hours of continuing education per year may be part of other required 32
training established in this chapter and chapter 18.88B RCW. 33
Appropriate topics include, but are not limited to:34
(I) Caregiving strategies and skills for agitation and de-35
escalation; 36
(II) Challenging behaviors, including strategies for managing 37
aggression and sexual behavior; 38
(III) Delusions and hallucinations; 39
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(IV) Problem-solving strategies and person-centered focus in 1
dementia care; 2
(V) Depression and dementia; 3
(VI) Fall prevention for people with dementia; 4
(VII) Personal care as meaningful activity; 5
(VIII) Adequate food and fluid consumption; 6
(IX) Pleasant and purposeful activity; 7
(X) Caregiving strategies for resistance to care;8
(XI) Recognition and assessment of pain in people with dementia; 9
and 10
(XII) Transition and coordination of services; and11
(D) Ensuring that staff who work directly with memory care 12
facility or memory care unit residents are familiar with the assisted 13
living facility's comprehensive disaster preparedness plan, as 14
required under RCW 18.20.525, including the provisions specific to 15
the needs of residents with dementia; 16
(vii) Provide programming that provides daily activities 17
consistent with the functional abilities, interests, habits, and 18
preferences of the individual residents. On a daily basis, except 19
during the activation of the disaster preparedness plan, a memory 20
care facility or memory care unit must: 21
(A) Provide residents access to: 22
(I) Opportunities for independent, self-directed activities;23
(II) Individual activities in which a staff person or volunteer 24
engages the resident in a planned or spontaneous activity of 25
interest. Activities may include personal care activities that 26
provide opportunities for purposeful and positive interactions; and27
(III) Group activities; 28
(B) Offer opportunities for activities that accommodate 29
variations in a resident's mood, energy, and preferences. The memory 30
care facility or memory care unit must make appropriate activities 31
available based upon the resident's individual schedule and 32
interests, such as providing access to staff support, food, and 33
appropriate activities to residents who are awake at night;34
(C) Make available multiple common areas that could be shared 35
with other residents within the assisted living facility, at least 36
one of which is outdoors when possible, that vary by size and 37
arrangement including, but not limited to: Various size furniture 38
groupings that encourage social interaction; areas with environmental 39
cues that may stimulate activity, such as a resident kitchen or 40
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workshop; areas with activity supplies and props to stimulate 1
conversation; a garden area; and paths and walkways that encourage 2
exploration and walking. These areas must accommodate and offer 3
opportunities for individual or group activity; 4
(viii) Have an outdoor area for residents that:5
(A) Is accessible to residents without staff assistance;6
(B) Is surrounded by walls or fences at least 72 inches high;7
(C) Has areas protected from direct sunlight and rain throughout 8
the day; 9
(D) Has walking surfaces that are firm, stable, slip-resistant, 10
free from abrupt changes, and suitable for individuals using 11
wheelchairs and walkers; 12
(E) Has suitable outdoor furniture; 13
(F) Has plants that are not poisonous or toxic to humans;14
(G) Has areas for appropriate outdoor activities of interest to 15
residents, such as walking paths, raised garden or flower beds, and 16
bird feeders; and 17
(H) During extreme weather events, is monitored to ensure the 18
health and well-being of the residents is not adversely impacted by 19
their time outside; 20
(ix) Ensure that areas used by residents have a residential 21
atmosphere and residents have opportunities for privacy, 22
socialization, and safe walking and wandering behaviors, including:23
(A) Encouraging residents' individualized spaces to be furnished 24
or decorated with personal items based on resident needs and 25
preferences; and 26
(B) Ensuring residents have access to their own rooms at all 27
times without staff assistance; and 28
(x) Have developed policies and procedures to:29
(A) Plan for and respond appropriately to memory care facility or 30
memory care unit residents who may wander; 31
(B) Outline actions to be taken when a memory care resident is 32
missing; and 33
(C) Outline how consultative resources to address resident 34
behavioral challenges for residents will be obtained when needed, 35
outline the professional or professionals who will provide the 36
consultation, and specify when and how the consultation will be 37
utilized. Relevant professionals include, but are not limited to, 38
clinical psychologists, psychiatrists, psychiatric nurse 39
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practitioners, and other behavioral health specialists who are 1
familiar with the care of persons with dementia. 2
(3) The department shall maintain a register of assisted living 3
facilities that are certified as memory care facilities or memory 4
care units and shall make this register available to the public and 5
consumers. 6
(4) An assisted living facility must apply to the department to 7
become certified and pay any fees and provide any information as the 8
department requires by rule to demonstrate the facility meets the 9
requirements of subsection (2) of this section and any implementing 10
rules. 11
(5) During the course of its regular licensing inspection 12
activities, the department shall review whether a certified memory 13
care facility or memory care unit continues to comply with 14
requirements in this section. 15
(6) Any assisted living facility that goes through a change of 16
ownership shall submit an application for certification as a memory 17
care facility at the same time that it applies for an assisted living 18
facility license through a change of ownership proceeding.19
(7) The department shall provide a current registration document 20
to the memory care facility or memory care unit and require that the 21
document is posted in a public area for residents, their families, 22
and visitors to view upon entering the main entrance of the memory 23
care facility or memory care unit. 24
(8) The department shall adopt rules to implement this section.25
NEW SECTION. Sec. 3. A new section is added to chapter 18.20 26
RCW to read as follows: 27
(1) The department shall adopt rules on how currently operating 28
memory care facilities or memory care units applying for 29
certification shall operate during the certification application 30
process. 31
(2) This section expires December 1, 2028. 32
NEW SECTION. Sec. 4. A new section is added to chapter 18.20 33
RCW to read as follows: 34
(1) The legislature finds that the practices covered by section 35
2(1) of this act, the operation of a memory care facility without a 36
certification, are matters vitally affecting the public interest for 37
the purpose of applying the consumer protection act, chapter 19.86 38
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RCW. A violation of this chapter is not reasonable in relation to the 1
development and preservation of business and is an unfair or 2
deceptive act in trade or commerce and an unfair method of 3
competition for the purpose of applying the consumer protection act, 4
chapter 19.86 RCW. 5
(2) This chapter may be enforced by the attorney general under 6
the consumer protection act, chapter 19.86 RCW. 7
Sec. 5. RCW 18.20.020 and 2020 c 312 s 726 are each amended to 8
read as follows: 9
The definitions in this section apply throughout this chapter 10
unless the context clearly requires otherwise. 11
(1) "Adult day services" means care and services provided to a 12
nonresident individual by the assisted living facility on the 13
assisted living facility premises, for a period of time not to exceed 14
ten continuous hours, and does not involve an overnight stay.15
(2) "Assisted living facility" means any home or other 16
institution, however named, which is advertised, announced, or 17
maintained for the express or implied purpose of providing housing, 18
basic services, and assuming general responsibility for the safety 19
and well-being of the residents, and may also provide domiciliary 20
care, consistent with chapter 142, Laws of 2004, to seven or more 21
residents after July 1, 2000. However, an assisted living facility 22
that is licensed for three to six residents prior to or on July 1, 23
2000, may maintain its assisted living facility license as long as it 24
is continually licensed as an assisted living facility. "Assisted 25
living facility" shall not include facilities certified as group 26
training homes pursuant to RCW 71A.22.040, nor any home, institution 27
or section thereof which is otherwise licensed and regulated under 28
the provisions of state law providing specifically for the licensing 29
and regulation of such home, institution or section thereof. Nor 30
shall it include any independent senior housing, independent living 31
units in continuing care retirement communities, or other similar 32
living situations including those subsidized by the department of 33
housing and urban development. 34
(3) "Basic services" means housekeeping services, meals, 35
nutritious snacks, laundry, and activities. 36
(4) "Dementia" means the irreversible loss of cognitive or 37
intellectual function such as thinking, remembering, and reasoning so 38
severe that it interferes with an individual's daily functioning and 39
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everyday life. "Dementia" is not a specific diagnosis, but rather a 1
group of symptoms that accompany certain diseases or conditions 2
including, but not limited to, Alzheimer's disease, vascular 3
dementia, frontotemporal dementia, Lewy body dementia, alcohol-4
related dementia, and major neurocognitive disorder. "Dementia" does 5
not include temporary or reversible destabilization due to delirium 6
or behavioral or mental health disorders. 7
(5) "Department" means the state department of social and health 8
services. 9
(((5))) (6) "Domiciliary care" means: Assistance with activities 10
of daily living provided by the assisted living facility either 11
directly or indirectly; or health support services, if provided 12
directly or indirectly by the assisted living facility; or 13
intermittent nursing services, if provided directly or indirectly by 14
the assisted living facility. 15
(((6))) (7) "General responsibility for the safety and well-being 16
of the resident" means the provision of the following: Prescribed 17
general low sodium diets; prescribed general diabetic diets; 18
prescribed mechanical soft foods; emergency assistance; monitoring of 19
the resident; arranging health care appointments with outside health 20
care providers and reminding residents of such appointments as 21
necessary; coordinating health care services with outside health care 22
providers consistent with RCW 18.20.380; assisting the resident to 23
obtain and maintain glasses, hearing aids, dentures, canes, crutches, 24
walkers, wheelchairs, and assistive communication devices; 25
observation of the resident for changes in overall functioning; blood 26
pressure checks as scheduled; responding appropriately when there are 27
observable or reported changes in the resident's physical, mental, or 28
emotional functioning; or medication assistance as permitted under 29
RCW 69.41.085 and as defined in RCW 69.41.010. 30
(((7))) (8) "Legal representative" means a person or persons 31
identified in RCW 7.70.065 who may act on behalf of the resident 32
pursuant to the scope of their legal authority. The legal 33
representative shall not be affiliated with the licensee, assisted 34
living facility, or management company, unless the affiliated person 35
is a family member of the resident. 36
(((8))) (9) "Memory care facility" or "memory care unit" means 37
any assisted living facility which markets, or otherwise represents, 38
itself as providing memory care or specialized dementia care 39
services, whether as a facility dedicated solely to serving residents 40
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with dementia or within a dedicated unit or wing within a larger 1
facility. An assisted living facility does not need to specifically 2
use the terms "memory care facility," "specialized dementia care," or 3
similar terms in its advertising or name to be considered a memory 4
care facility under this chapter. If any part of an assisted living 5
facility has restricted egress, it is sufficient to be considered as 6
a memory care facility or memory care unit under this chapter.7
(10) "Memory care services" and "specialized dementia care 8
services" means services offered and provided in addition to the 9
domiciliary care services provided by the assisted living facility 10
that are responsive to the typical needs of an individual with 11
dementia and provided to residents within a facility with restricted 12
egress dedicated solely to serving residents with dementia or within 13
a dedicated unit or wing with restricted egress within a larger 14
facility.15
(11) "Nonresident individual" means a person who resides in 16
independent senior housing, independent living units in continuing 17
care retirement communities, or in other similar living environments 18
or in an unlicensed room located within an assisted living facility. 19
Nothing in this chapter prohibits nonresidents from receiving one or 20
more of the services listed in RCW 18.20.030(5) or requires licensure 21
as an assisted living facility when one or more of the services 22
listed in RCW 18.20.030(5) are provided to nonresidents. A 23
nonresident individual may not receive domiciliary care, as defined 24
in this chapter, directly or indirectly by the assisted living 25
facility and may not receive the items and services listed in 26
subsection (((6))) (7) of this section, except during the time the 27
person is receiving adult day services as defined in this section.28
(((9))) (12) "Person" means any individual, firm, partnership, 29
corporation, company, association, or joint stock association, and 30
the legal successor thereof. 31
(((10))) (13) "Resident" means an individual who is not related 32
by blood or marriage to the operator of the assisted living facility, 33
and by reason of age or disability, chooses to reside in the assisted 34
living facility and receives basic services and one or more of the 35
services listed under general responsibility for the safety and well-36
being of the resident and may receive domiciliary care or respite 37
care provided directly or indirectly by the assisted living facility 38
and shall be permitted to receive hospice care through an outside 39
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service provider when arranged by the resident or the resident's 1
legal representative under RCW 18.20.380. 2
(((11))) (14) "Resident applicant" means an individual who is 3
seeking admission to a licensed assisted living facility and who has 4
completed and signed an application for admission, or such 5
application for admission has been completed and signed in their 6
behalf by their legal representative if any, and if not, then the 7
designated representative if any. 8
(((12))) (15) "Resident's representative" means a person 9
designated voluntarily by a competent resident, in writing, to act in 10
the resident's behalf concerning the care and services provided by 11
the assisted living facility and to receive information from the 12
assisted living facility, if there is no legal representative. The 13
resident's competence shall be determined using the criteria in 14
chapter 11.130 RCW. The resident's representative may not be 15
affiliated with the licensee, assisted living facility, or management 16
company, unless the affiliated person is a family member of the 17
resident. The resident's representative shall not have authority to 18
act on behalf of the resident once the resident is no longer 19
competent. 20
(((13))) (16) "Secretary" means the secretary of social and 21
health services. 22
Sec. 6. RCW 18.20.190 and 2018 c 173 s 4 are each amended to 23
read as follows: 24
(1) The department of social and health services is authorized to 25
take one or more of the actions listed in subsection (2) of this 26
section in any case in which the department finds that an assisted 27
living facility provider has: 28
(a) Failed or refused to comply with the requirements of this 29
chapter or the rules adopted under this chapter; 30
(b) Operated an assisted living facility without a license or 31
under a revoked license; 32
(c) Knowingly, or with reason to know, made a false statement of 33
material fact on his or her application for license or any data 34
attached thereto, or in any matter under investigation by the 35
department; ((or))36
(d) Willfully prevented or interfered with any inspection or 37
investigation by the department;38
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(e) Continued to use terminology such as "memory care facility" 1
or "dementia care facility" without having been issued a certificate 2
under section 2 of this act; or3
(f) Continued to operate a facility or unit within a facility 4
that has restricted egress without having been issued a certificate 5
under section 2 of this act. 6
(2) When authorized by subsection (1) of this section, the 7
department may take one or more of the following actions, using a 8
tiered sanction grid that considers the extent of harm from the 9
deficiency and the regularity of the occurrence of the deficiency 10
when imposing civil fines: 11
(a) Refuse to issue a license; 12
(b) Impose reasonable conditions on a license, such as correction 13
within a specified time, training, and limits on the type of clients 14
the provider may admit or serve; 15
(c) Impose civil penalties of at least one hundred dollars per 16
day per violation. Until July 1, 2019, the civil penalties may not 17
exceed one thousand dollars per day per violation. Beginning July 1, 18
2019, through June 30, 2020, the civil penalties may not exceed two 19
thousand dollars per day per violation. Beginning July 1, 2020, the 20
civil penalties may not exceed three thousand dollars per day per 21
violation; 22
(d) Impose civil penalties of up to ten thousand dollars for a 23
current or former licensed provider who is operating an unlicensed 24
facility, uncertified memory care facility, or uncertified memory 25
care unit; 26
(e) Suspend, revoke, or refuse to renew a license or memory care 27
certification; 28
(f) Suspend admissions to the assisted living facility , memory 29
care facility, or memory care unit by imposing stop placement; or30
(g) Suspend admission of a specific category or categories of 31
residents as related to the violation by imposing a limited stop 32
placement. 33
(3) When the department orders stop placement or a limited stop 34
placement, the facility shall not admit any new resident until the 35
stop placement or limited stop placement order is terminated. The 36
department may approve readmission of a resident to the facility from 37
a hospital or nursing home during the stop placement or limited stop 38
placement. The department shall terminate the stop placement or 39
limited stop placement when: (a) The violations necessitating the 40
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stop placement or limited stop placement have been corrected; and (b) 1
the provider exhibits the capacity to maintain correction of the 2
violations previously found deficient. However, if upon the revisit 3
the department finds new violations that the department reasonably 4
believes will result in a new stop placement or new limited stop 5
placement, the previous stop placement or limited stop placement 6
shall remain in effect until the new stop placement or new limited 7
stop placement is imposed. 8
(4) After a department finding of a violation for which a stop 9
placement or limited stop placement has been imposed, the department 10
shall make an on-site revisit of the provider within fifteen working 11
days from the request for revisit, to ensure correction of the 12
violation. For violations that are serious or recurring or 13
uncorrected following a previous citation, and create actual or 14
threatened harm to one or more residents' well-being, including 15
violations of residents' rights, the department shall make an on-site 16
revisit as soon as appropriate to ensure correction of the violation. 17
Verification of correction of all other violations may be made by 18
either a department on-site revisit or by written or photographic 19
documentation found by the department to be credible. This subsection 20
does not prevent the department from enforcing license suspensions or 21
revocations. Nothing in this subsection shall interfere with or 22
diminish the department's authority and duty to ensure that the 23
provider adequately cares for residents, including to make 24
departmental on-site revisits as needed to ensure that the provider 25
protects residents, and to enforce compliance with this chapter.26
(5) RCW 43.20A.205 governs notice of a license denial, 27
revocation, suspension, or modification. Chapter 34.05 RCW applies to 28
department actions under this section, except that orders of the 29
department imposing license suspension, stop placement, limited stop 30
placement, or conditions for continuation of a license are effective 31
immediately upon notice and shall continue pending any hearing.32
(6) All receipts from civil penalties imposed under this chapter 33
must be deposited in the assisted living facility temporary 34
management account created in RCW 18.20.430. 35
(7) For the purposes of this section, "limited stop placement" 36
means the ability to suspend admission of a specific category or 37
categories of residents. 38
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Sec. 7. RCW 18.20.300 and 2012 c 10 s 19 are each amended to 1
read as follows: 2
(1) An assisted living facility, licensed under this chapter, may 3
provide domiciliary care services, as defined in this chapter, and 4
shall disclose the scope of care and services that it chooses to 5
provide. 6
(2)(a) The assisted living facility licensee shall disclose to 7
the residents, the residents' legal representative if any, and if 8
not, the residents' representative if any, and to interested 9
consumers upon request, the scope of care and services offered, using 10
the form developed and provided by the department, in addition to any 11
supplemental information that may be provided by the licensee. The 12
form that the department develops shall be standardized, reasonable 13
in length, and easy to read. The assisted living facility's 14
disclosure statement shall indicate the scope of domiciliary care 15
assistance provided and shall indicate that it permits the resident 16
or the resident's legal representative to independently arrange for 17
outside services under RCW 18.20.380. 18
(b) For assisted living facilities certified as memory care 19
facilities or memory care units under section 2 of this act, the 20
disclosure and any notices of decrease in scope of services, as 21
established by the department in rule, must include a description of 22
staffing coverage for the memory care facility or the memory care 23
unit, including the number of awake staff that will be available 24
overnight and the regular direct care staffing level per bed in the 25
memory care facility or memory care unit. The department shall 26
provide an example of an accepted disclosure form to facilities and 27
units for their use.28
(3)(a) If the assisted living facility licensee decreases the 29
scope of services that it provides due to circumstances beyond the 30
licensee's control, the licensee shall provide a minimum of thirty 31
days' written notice to the residents, the residents' legal 32
representative if any, and if not, the residents' representative if 33
any, before the effective date of the decrease in the scope of care 34
or services provided. 35
(b) If the licensee voluntarily decreases the scope of services, 36
and any such decrease in the scope of services provided will result 37
in the discharge of one or more residents, then ninety days' written 38
notice shall be provided prior to the effective date of the decrease. 39
Notice shall be provided to the affected residents, the residents' 40
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legal representative if any, and if not, the residents' 1
representative if any. 2
(c) If the assisted living facility licensee increases the scope 3
of services that it chooses to provide, the licensee shall promptly 4
provide written notice to the residents, the residents' legal 5
representative if any, and if not, the residents' representative if 6
any, and shall indicate the date on which the increase in the scope 7
of care or services is effective. 8
(4) When the care needs of a resident exceed the disclosed scope 9
of care or services that an assisted living facility licensee 10
provides, the licensee may exceed the care or services disclosed 11
consistent with RCW 70.129.030(3) and 70.129.110(3)(a). Providing 12
care or services to a resident that exceed the care and services 13
disclosed may or may not mean that the provider is capable of or 14
required to provide the same care or services to other residents.15
(5) Even though the assisted living facility licensee may 16
disclose that it can provide certain care or services to resident 17
applicants or to their legal representative if any, and if not, to 18
the resident applicants' representative if any, the licensee may deny 19
admission to a resident applicant when the licensee determines that 20
the needs of the resident applicant cannot be met, as long as the 21
provider operates in compliance with state and federal law, including 22
RCW 70.129.030(3). 23
(6) The disclosure form is intended to assist consumers in 24
selecting assisted living facility services and, therefore, shall not 25
be construed as an implied or express contract between the assisted 26
living facility licensee and the resident. 27
Sec. 8. RCW 18.20.320 and 2012 c 10 s 21 are each amended to 28
read as follows: 29
(1) The assisted living facility licensee may choose to provide 30
any of the following health support services, however, the facility 31
may or may not need to provide additional health support services to 32
comply with the reasonable accommodation requirements in federal or 33
state law: 34
(a) Blood glucose testing; 35
(b) Puree diets; 36
(c) Calorie controlled diabetic diets; 37
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(d) Dementia care , unless the assisted living facility is 1
certified as a memory care facility or memory care unit under section 2
2 of this act; 3
(e) Mental health care; and 4
(f) Developmental disabilities care. 5
(2) The licensee shall clarify on the disclosure form any 6
limitations, additional services, or conditions that may apply.7
(3) In providing health support services, the assisted living 8
facility shall observe the resident for changes in overall 9
functioning and respond appropriately when there are observable or 10
reported changes in the resident's physical, mental, or emotional 11
functioning. 12
Sec. 9. RCW 18.20.525 and 2021 c 159 s 5 are each amended to 13
read as follows: 14
(1) Each assisted living facility shall develop and maintain a 15
comprehensive disaster preparedness plan to be followed in the event 16
of a disaster or emergency, including fires, earthquakes, floods, 17
extreme heat, extreme cold, infectious disease outbreaks, loss of 18
power or water, and other events that may require sheltering in 19
place, evacuations, or other emergency measures to protect the health 20
and safety of residents. The facility shall review the comprehensive 21
disaster preparedness plan annually, update the plan as needed, and 22
train all employees when they begin work in the facility on the 23
comprehensive disaster preparedness plan and related staff 24
procedures. 25
(2) The department shall adopt rules governing the comprehensive 26
disaster preparedness plan. At a minimum, the rules must address: 27
Timely communication with the residents' emergency contacts; timely 28
communication with state and local agencies, long-term care ombuds, 29
and developmental disabilities ombuds; contacting and requesting 30
emergency assistance; on-duty employees' responsibilities; meeting 31
residents' essential needs; procedures to identify and locate 32
residents; and procedures to provide emergency information to provide 33
for the health and safety of residents. In addition, the rules shall 34
establish standards for maintaining personal protective equipment and 35
infection control capabilities, as well as department inspection 36
procedures with respect to the plans. 37
(3) For assisted living facilities certified as memory care 38
facilities or memory care units under section 2 of this act, 39
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comprehensive disaster preparedness plans must specifically consider 1
the needs of residents with dementia. 2
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p. 16 SB 5337