HB 2384 — Increasing regulatory oversight of continuing care retirement communities.

H-3223.1H-2706.2 SUBSTITUTE HOUSE BILL 2384 State of Washington 69th Legislature 2026 Regular Session By House Health Care & Wellness (originally sponsored by Representatives Macri, Reed, Street, Thomas, Ormsby, Scott, Goodman, Hill, Thai, and Bernbaum)Bernbaum READPrefiled FIRST01/09/26. TIME 01/30/26.

Read first time 01/12/26.

Referred to Committee on Health Care & Wellness.

1 SHBHB 2384 (4) "Continuing care retirement community" or "life plan community" means an entity that agrees to provide continuing care to a resident under a residency agreement with an entrance fee.

(7) "Life care contract," also known as a type A contract, means a contract to provide a person, for the duration of the person's life or for a term in excess of one year, nursing services, medical services, or personal care services in addition to board and lodging for the person in a continuing care retirement community, conditioned upon payment of an entrance fee in addition to or in lieu of the payment of additionalregular recurringperiodic charges for the care and services involved:involved, unless the contract expressly excludes some or all of such services.

(a) At least one of the following services:

(i) Nursing services;

(ii) Medical services;

(iii) Personal care services;

or (iv) Any combination of the services in (i) through (iii) of this subsection (a);

and (b) Board and lodging for the person in a continuing care retirement community.

(((9))) (11) "Resident" means a person who enters into a residency agreement with a continuing care retirement community or p.who is designated in a residency agreement to be a person being provided with continuing care.

2p. SHB 2384 who is designated in a residency agreement to be a person being provided with continuing care.

2 HB 2384 Sec.

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

3((and)) SHBp. 2384 retirement community is in compliance with the disclosure notification requirements of RCW 18.390.060;

((and))3 HB 2384 (h) Beginning July 1, 2027, if the applicant offers residency agreements that include life care contracts, an actuarial analysis for review pursuant to the process in section 5 of this act.

The actuarial analysis submission requirement applies to everythe otherapplicant's initial registration renewal application beginningand withevery theother secondsubsequent registration renewal application.

(2) The department shall base its decision to issue a registration on the completeness of the application and, as required, the receipt of a notice of completiona ofsatisfactory an actuarial analysis review from the office under section 5 of this act.

4 SHBHB 2384 Sec.

(a) Register an entity that submits a complete application that includes all of the materials required in RCW 18.390.030 and receives, as required, a notice of completionsatisfactory of an actuarial analysis review from the office under section 5 of this act;

The online listing shall include a link to the results of any actuarial analysis review received by the department from the office.

(1) The department and the office shall collaborate to develop a process for the department to transmit actuarial analyses received under RCW 18.390.030(1)(h) to the office for review and for the p.

5 SHBHB 2384 under RCW 18.390.030(1)(h) to the office for review and for the office to return the results of the review to the department for consideration in its registration decision.

The standards must establish a process for determining the applicant's ability to meet its overall contract obligations under its liferesidency careagreements contracts in accordance with currently accepted actuarial standards of practice, such as those adopted by the actuarial standards board.

(i) If the office's review of the applicant's actuarial analysis determines that the applicant'sapplicant actuarialwill balancebe isable satisfactoryto meet its overall contract obligations under the standardsstandard established in (a) of this subsection, it will notify the department ofthat the results.applicant has satisfied the review requirement in RCW 18.390.030(2).

(ii) If the office's review of the applicant's actuarial analysis determines that the applicant'sapplicant actuarialwill balancenot isbe notable satisfactoryto meet its contract obligations under the standardsstandard established in (a) of this subsection, it will notify the department ofthat the resultsapplicant andhas notifynot thesatisfied applicant of the rightreview torequirement anin appealRCW of18.390.030(2) the decision and notify the reasonsapplicant forof the determinationright into sufficientan detailappeal thatof the applicantdecision. may attempt to cure alleged deficiencies.

(c) Any appeal by an applicant regarding a determination under (b)(ii) of this subsection that the applicant has not satisfied the review requirement in RCW 18.390.030 shall be made to the office.department.

(d) The office is not required to prepare or provide any materials, other than written notice to the department of its review determination under (b) of thisthe subsection,actuarial analysis, or review any materials, other than the actuarial analysis prepared by a qualified actuary and provided by the applicant.

6 SHBHB 2384 (e)NEW NothingSECTION. in this subsection prohibits the office from communicating with the applicant's actuarial representative for purposes of obtaining information necessary to complete its review.

However, formal notice to the applicant shall be provided by the department.

NEW SECTION.

(2) Neither the commissioner nor any person who received documents, materials, or other information while acting under the authority of the commissioner is permitted or required to testify in any private civil action concerning any confidential and privileged p.documents, materials, or information subject to subsection (1) of this section.

7 SHB 2384 documents, materials, or information subject to subsection (1) of this section.

(a) May share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to subsection (1) of this section, with (i) the national association of insurance commissioners and its affiliates andp. subsidiaries, (ii) regulatory and law enforcement officials of other states and nations, the federal government, and international authorities, and (iii) agencies of this state, if the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information;

7 HB 2384 and subsidiaries, (ii) regulatory and law enforcement officials of other states and nations, the federal government, and international authorities, and (iii) agencies of this state, if the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information;

p.(6) Working papers, documents, materials, or information produced by, obtained by, or disclosed to the commissioner or any other person in the course of a financial or market conduct examination, or in the course of financial analysis or market conduct desk audit, are not required to be disclosed by the commissioner unless cited by the commissioner in connection with an agency action as defined in RCW 34.05.010(3).

8The SHB 2384 (6) Working papers, documents, materials, or information produced by, obtained by, or disclosed to the commissioner orshall anynotify other person in the course of a financialparty orthat marketproduced conduct examination, or in the coursedocuments, ofmaterials, financial analysis or marketinformation conductfive deskbusiness audit,days arebefore notp. required to be disclosed by the commissioner unless cited by the commissioner in connection with an agency action as defined in RCW 34.05.010(3).

The8 commissionerHB shall2384 notify a party that produced the documents, materials, or information five business days before disclosure in connection with an agency action.

(9) Documents, materials, and information related to the commissioner's responsibility to review actuarial analyses under section 3 of this act as provided to the commissioner directly by applicants for registration as a continuing care retirement community under chapter 18.390 RCW or indirectly by the department of social p.and health services are confidential by law and privileged, and are not subject to public disclosure under changer 42.56 RCW.