On February 5, 2024, residents of “continuing care retirement communities” (CCRCs), also known as “life plan communities” (LPCs), made a formal presentation to officials from several departments of Washington State government, specifying key regulatory priorities when considering “financial solvency” for this segment of the “senior living industries.”  I was able to sit in on the meeting, as someone who has worked with Washington residents about their concerns.

CCRCs are a relatively new focus for legislators in the state of Washington, with “registration” of CCRCs becoming an option in 2017.  But examples of concerns offered by residents demonstrated their concern that a clear state system of  regulation is overdue.  The spokespeople for WACCRA, the state organizations of CCRC Residents in Washington, were organized, detailed and offered precedents from other states. They requested legislation that:

  • Provides formal “licensure” by the state
  • Provides key Resident Rights, including Ombuds’ support for dispute resolution
  • Requires facilities to participate in periodic financial reviews, including actuarial reports, in order for the State to better ascertain the ongoing ability of the CCRC to meet both short- and long-term commitments
  • Mandates limitations or prohibitions on facilities’ use of residents’ payments for services not directly related to resident needs
  • Some method by which residents’ contracts and entrance fees are prioritized in the event of a bankruptcy
  • CCRCs be required to fulfill promises of “refundable entrance fees,” in a timely and fair manner, such as a system of “first out/first repaid”
  • Adopts stronger safeguards for funding of “life time care,” perhaps through guarantee or surety bonds
  • Permits residents to participate as voting members of each CCRC’s Board of Directors
  • Assures “meaningful and effective enforcement” of CCRC’s obligations to residents, including financial solvency

Additional stakeholders in CCRCs and LPCs including LeadingAge Washington and, of course, operators of any of these enterprises.  A series of similar meetings are to take place from February through April of 2024.  The goal is a final State report to the Legislature no later than July 16, 2024.

Photo of Katherine C. Pearson Katherine C. Pearson

Katherine C. Pearson is a Professor of Law and the Arthur L. and Sandra S. Piccone Faculty Scholar at Penn State Dickinson Law in Carlisle, Pennsylvania.

Her scholarship focuses on laws and policies connected to aging and she has frequently included age-related issues…

Katherine C. Pearson is a Professor of Law and the Arthur L. and Sandra S. Piccone Faculty Scholar at Penn State Dickinson Law in Carlisle, Pennsylvania.

Her scholarship focuses on laws and policies connected to aging and she has frequently included age-related issues in her teaching of courses on contract law, conflicts of law and nonprofit organizations law.  She is a regular speaker for continuing education programs, both for consumers and lawyers, to address cutting edge concerns in consumer protection for older adults.  She is the author of articles and chapters on access to justice, senior living options including continuing care and life plan communities, long-term care financing and filial obligations, and is the co-author of a treatise, The Law of Financial Abuse and Exploitation (Bisel 2011).

She authored chapters for the Research Handbook on Law, Society and Ageing, published in 2024 as part of a series on law and society handbooks offered by international publisher Edward Elgar. She is a 2024-2025 Fulbright Scholar in Canada and was in residence at the University of Ottawa in the Fall of 2024 as the Research Chair in Health Law, Policy and Ethics.  Her earlier experience as a U.S. Fulbright Scholar (based at the Queen’s University Belfast, Northern Ireland, and working in Ireland, Portugal, and the U.K. in 2009-10), resulted in publications, including an article with an international, historical perspective on ethical concerns for attorneys representing older adults, entitled “The Lesson of the Irish Family Pub,” published by Stetson Law Review.