Subject of Possible Rule Making: The department of social and health services (department) is considering amending sections in chapter 388-78A WAC, Assisted living facility licensing rules, related to E2SSB 5337 (chapter 187, Laws of 2025) Assisted living facilities—Memory care services. This rule making may result in adopting new sections of rule. The department may amend other related rules as necessary.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The legislature passed E2SSB 5337 Assisted living facilities—Memory care services. This bill established a definition for dementia and memory care unit or facility and created criteria for memory care certification. The bill also outlines physical environment requirements, care and service requirements, enforcement actions for facilities that operate without certification, and a separate disclosure describing staffing in the memory care facility or unit. The department is considering updates to definitions, adding new sections, and amending current sections of chapter 388-78A WAC to meet the requirements of the legislation.

Process for Developing New Rule: The department will use a collaborative rule-making process to develop and receive comments on draft rules. Contact the staff listed below to receive draft material and information about how to participate in the rule-making process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tamara Tredo, P.O. Box 45600, Olympia, WA 98504, phone 360-999-0237, TTY 711 relay service, email tamara.tredo@dshs.wa.gov.