wa-law.org > bill > 2025-26 > SB 5691 > Passed Legislature

SB 5691 - Continuing care oversight

Source

Section 1

The legislature finds that the

practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

Section 2

  1. An applicant for a registration as a continuing care retirement community must submit the following materials to the department:

    1. A written application to the department providing all necessary information on a form provided by the department;

    2. Information about the licensed assisted living facility component of the continuing care retirement community and, if the continuing care retirement community operates a nursing home, information about that component;

    3. Copies of any residency agreements that the continuing care retirement community intends to use for the certification period;

    4. A written statement indicating whether the residency agreement includes an entrance fee in lieu of payment for future care and services and, if so, whether those services are covered completely or partially by the entrance fee;

    5. A copy of the disclosure statement that includes current information required by RCW 18.390.060;

    6. [Empty]

      1. Except as provided in (f)(ii) of this subsection, copies of audited financial statements for the two most recent fiscal years. The audited financial statement for the most current period may not have been prepared more than eighteen months prior to the date that the continuing care retirement community applied for its current registration;

      2. If the continuing care retirement community:

(A) Has obtained financing, but has been in operation less than two years, a copy of the audited financial statement for the most current period, if available, and an independent accountant's report opinion letter that has evaluated the financial feasibility of the continuing care retirement community; or

(B) Has not obtained financing, a summary of the actuarial analysis for the new continuing care retirement community stating that the continuing care retirement community is in satisfactory actuarial balance;

g. An attestation by a management representative of the continuing care retirement community that the continuing care retirement community is in compliance with the disclosure notification requirements of RCW 18.390.060; and

h. Payment of any registration fees associated with the department's cost of registering continuing care retirement communities.

  1. The department shall base its decision to issue a registration on the completeness of the application. If an application is incomplete, the department shall inform the applicant and give the applicant an opportunity to supplement its submission. An applicant may appeal a decision of the department to deny an application for registration.

  2. The department shall issue the registration within sixty days of the receipt of a complete application, payment of fees, submission of disclosures, residency agreements, and the attestation. The department's failure to timely issue a registration may not cause a delay in the change of ownership and ongoing operation of the continuing care retirement community.

  3. Registration is valid for two years.

  4. Registration is not transferable.

  5. Materials submitted pursuant to this section are not subject to disclosure under the public records act, chapter 42.56 RCW.

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