AN ACT Relating to increasing regulatory oversight of continuing care retirement communities;
HB 2384 increases state oversight of continuing care retirement communities, also known as life plan communities. The bill revises Washington’s registration framework for these facilities by expanding the information they must submit to the Department of Social and Health Services, including residency agreements, disclosure statements, audited financial statements, and, for certain communities, actuarial analyses showing the community can meet its long-term obligations. It also requires the department to review applications for completeness, collect fees sufficient to cover administrative and actuarial-review costs, maintain a public online list of registered communities, and prohibit unregistered entities from marketing themselves as registered continuing care retirement communities.
The bill creates a new process for independent actuarial review by the Office of the Insurance Commissioner. The office must develop standards for reviewing actuarial analyses, determine whether an applicant’s actuarial balance is satisfactory under those standards, and notify the department of its findings. The bill also authorizes the commissioner to adopt rules, share and receive confidential information under specified conditions, and handle appeals when an actuarial determination is unfavorable. In addition, the bill requires a legislative implementation status report by December 1, 2027, addressing whether the actuarial review should be done by the commissioner or a contracted third party and what ongoing fee structure is needed to support the review process.
HB 2384 amends Washington statutes governing continuing care retirement communities by adding a more detailed registration and oversight structure, including new disclosure, actuarial-review, fee, and public-listing requirements. It also creates new duties for the Department of Social and Health Services and the Office of the Insurance Commissioner, while establishing confidentiality protections for submitted actuarial and financial materials. The bill affects continuing care retirement communities, life plan communities, prospective residents, and state regulators, and it is intended to strengthen consumer protection and financial solvency oversight in the senior housing and long-term care market.
The bill appears to have broad support overall, as reflected by strong committee and floor votes in both chambers, including unanimous or near-unanimous committee approval and comfortable passage on final votes. The legislative history suggests general agreement that additional oversight and actuarial review are needed for resident protection and financial stability. The Senate amended the bill, indicating some refinement rather than fundamental opposition, but the final votes still show clear support for the measure.
The main points of contention appear to have centered on the scope and mechanics of the new regulatory regime, especially who should perform actuarial reviews, how much information should be required from applicants, and how the new review process should be funded. The bill’s confidentiality provisions and the handling of sensitive financial and actuarial materials also likely reflect concern from providers about disclosure and regulatory burden. The Senate’s amendment and the implementation report requirement suggest unresolved questions about whether the Insurance Commissioner should directly conduct the reviews or use a third party, and what fee structure will be sufficient without unduly burdening communities.