Update on New Memory Care Certification Requirements

Last week’s webinar on new memory care standards for licensed assisted living facilities drew more than 400 participants, reflecting strong interest and the recognized need for assisted living operators to understand the impact of upcoming changes.

Under legislation passed in 2025, assisted living providers that provide memory care services in restricted egress environments and/or advertise as providing memory care services must submit memory care certification applications by July 1, 2026.

This new certification is also required for providers contracting under the Specialized Dementia Care Medicaid contract, and will not represent a major change in standards.

Rulemaking Status

Formal rulemaking is still in progress. A CR-102 has been issued outlining draft regulations and providing notice of the upcoming public hearing on June 23. However, final rules have not yet been adopted.

This creates a compressed timeline as assisted living operators prepare to meet certification requirements while additional regulatory details are still being finalized.

Key Considerations for Memory Care Units or Memory Care Facilities

As implementation approaches, operators should be aware of several important areas:

• Certification Requirement
  Facilities that meet the definition of providing memory care services must submit the required application by July 1, 2026.
  • Physical Plant Standards
    Some existing facilities may need to seek exemptions related to requirements such as access to outdoor wandering space.
  • Compliance History Requirements
    Certain facilities may also need to request exemptions based on prior compliance history.
• Staffing Disclosure: Facilities are required to disclose and post usual staffing patterns by shift. Updates are required only with significant changes in staffing.

WHCA Advocacy

WHCA remains actively engaged with DSHS throughout the rulemaking process to ensure that final regulations are clear, workable, and reflective of real-world operational conditions. If there are areas of these regulations that require additional clarification, please reach out to Vicki McNealley, WHCA’s Director of Assisted Living.  We are working with DSHS to develop answers to frequently asked questions. We rely on your input to identify those issues that are particularly challenging.

Next Steps

Providers are encouraged to join us at the WHCA Annual Convention for a dedicated session to help providers prepare and be able to:

• Review the draft regulations and determine potential impacts on operations
• Begin preparing certification applications in advance of the July 1 deadline
• Identify any areas where exemptions may be needed
• Provide feedback about areas of concern or confusion.

WHCA will continue to share updates and guidance as more information becomes available.

Resources:

• Annual Convention Registration Information
• Draft regulations and hearing information
• Staffing Disclosure Form (in effect July 1, 2026)
• Webinar recording – Memory Care Standards 
• Sample Exemption Requests (Members Only)

Please reach out to Vicki McNealley for support and assistance.