(1) For the purpose of certification implementation for an assisted living facility with a current license issued on or before July 1, 2026, and operating a memory care facility or memory care unit as defined in WAC 388-78A-2020 the department may:
(a) Grant certification, deeming the licensee compliant from the application submission date to the effective date of certification, while the department processes the application, when the application is submitted to the department by July 1, 2026: and
(b) Work with the licensee during the application process up to 120 calendar days to:
(i) Obtain information for an incomplete certification application from the licensee;
(ii) Complete the conditional exemption process, if applicable.
(2) If the department determines during the review process the licensee does not meet the certification requirements, the licensee may request a conditional exemption by submitting a written request to the department that includes:
(a) A description of the requested conditional exemption;
(b) The specific rule for which the exemption is sought;
(c) A description of what the assisted living facility has in place to meet the certification requirements at the time of application; and
(d) A detailed plan and timeline to meet the certification requirements, when applicable, to the exemption request.
(3) If the assisted living facility is granted a conditional exemption for certification a copy of the exemption must be retained in the facility.
(4) If the department determines a licensee will not be certified, or denies a request for conditional exemption, the assisted living facility may not appeal the department's denial.
(5) During the time of application review for certification and the department's decision to grant or deny a certification, the assisted living facility will not be subject to citations related to certified memory care requirements, provided the application was submitted by July 1, 2026.
(6) If during the application review the assisted living facility licensee withdraws from the certification process, or the department denies a certification, the assisted living facility must:
(a) Within 30 calendar days provide to residents, and their representatives, if applicable, notice of the withdrawal or denial of the certification application; and
(b) Assist all residents requiring memory care services to transition to a certified memory care facility or memory care unit within 180 calendar days of the date the facility withdrew their application or the department denied the certification.
(7) The assisted living facility will not be subject to citation related to memory care certification requirements for the period of application through resident transition after a withdrawal or denial of certification if the application was submitted by July 1, 2026.
(8) The department may consider an application for certification void when the applicant:
(a) Does not return information to the department within 60 days of the first request for additional information for an incomplete certification application; or
(b) Has not obtained certification within 120 days of the first submission of an application for certification to the department.
(9) When an assisted living facility with a current license, not meeting the definition of a memory care facility or memory care unit in WAC 388-78A-2020 on July 1, 2026, decides to transition to a certified memory care facility or add a memory care unit the facility must:
(a) Meet construction review requirements consistent with WAC 388-78A-2821, when applicable;
(b) Meet construction review requirements consistent with WAC 388-78A-2850, when applicable;
(c) Submit an application for certification;
(d) Request a capacity increase consistent with WAC 388-78A-2800; and
(e) Meet criteria for increased licensed capacity consistent with WAC 388-78A-2810.