Compliance Deadlines Loom for the State of Washington’s New Memory Care Certification Rules

Washington enacted Second Substitute Senate Bill 5337 (SSSB 5337) in 2025, establishing for the first time a mandatory certification requirement for memory care facilities and memory care units operating within assisted living facilities (ALFs). Effective July 1, no person may operate or maintain a memory care facility or memory care unit without first obtaining certification from the Department of Social and Health Services (DSHS). DSHS has released the new Certified Memory Care Application form to implement this requirement. Existing operators and prospective applicants must prepare accordingly.

Who Must Apply

Certification is required for any ALF with restricted egress that prevents cognitively impaired residents from leaving the facility or a designated area without staff accompaniment. Certification requirements also extend to any ALF that markets or represents itself as providing memory care or specialized dementia care. 

Prospective ALF operators that will offer or market memory care services must submit a Certified Memory Care Application simultaneously with the ALF application; currently licensed operators only need to submit an abbreviated Certified Memory Care Application.

Certification Requirements

Regardless of their current licensure status, applicants must have the following to obtain certification:

1. Permanent infrastructure with elopement-prevention features, including secured outdoor spaces that adhere to SSSB 5337 specifications.
2. A staffing plan providing 24-hour awake staff, including at least one awake staff member physically present in each separate building or cottage. 
3. Written policies and procedures addressing wandering response, missing residents, and behavioral consultation.
4. Memory care disclosure statements that are provided to prospective applicants and their responsible persons.

Additionally, applicants must have a clean compliance history. Specifically, applicants may not have a pattern of uncorrected or recurring significant enforcement actions such as: 

1. Citations issued in areas related to resident harm or serious risk of harm, or actions or inactions resulting in serious disregard for resident health, safety, or deterioration of quality of care.
2. Civil fines based on DSHS’ determination of moderate or serious severity. 
3. Conditions, stop placement related to resident care, or a summary suspension or revocation action.

The Certified Memory Care Application requires applicants to affirmatively disclose whether any of these enforcement actions occurred in the two years prior to submission of the application.

Conditional Exemptions

DSHS may grant conditional exemptions on a case-by-case basis for ALFs that provided memory care services prior to July 1 to prevent service disruption or resident displacement. Furthermore, DSHS may grant separate conditional exemptions for facilities with outdoor spaces that were constructed or licensed before July 1, 2025, if the facilities’ outdoor spaces do not meet SSSB 5337 specifications.

Post-Certification Requirements

Once certified, facilities must maintain ongoing compliance, including semiannual resident assessments, six hours per year of dementia-related continuing education for direct care staff, daily programming and activities, compliant outdoor spaces, and dementia-specific disaster preparedness plans.

Enforcement

Operating a memory care facility or unit without certification constitutes a violation of the Washington Consumer Protection Act. As a penalty for operating without certification, DSHS may, among other things, impose civil penalties of up to $10,000 for current or formerly licensed ALFs. Violations of the post-certification requirements may include fines of up to $3,000 per day per violation.

Key Takeaways

Current or prospective ALF operators should take note of the certification requirements and ongoing compliance obligations mandated under SSSB 5337 to avoid Consumer Protection Act liability and civil penalties. Prior to the July 1 effective date, Washington ALFs and prospective operators should:

• Determine whether the facility requires memory care certification based on restricted egress or marketing practices.
• Submit a Certified Memory Care Application; currently licensed ALFs may complete an abbreviated application.
• Review the facility’s compliance history and address unresolved enforcement actions that may block certification.
• Explore conditional exemptions to avoid service disruption during the certification process.

The ArentFox Schiff Long Term Care & Senior Living group will continue to monitor developments in this area. If you have any questions, please contact the authors or the other ArentFox Schiff professionals with whom you regularly work.