June 27, 2014
ALTSA: ESF #2014-002
FORMAL PHASE (CR-102) OF ESTABLISHING NEW CHAPTER 388-107 WAC ENHANCED SERVICES FACILITIES
Dear Enhanced Services Facilities Interested Parties and/or Stakeholders:
In July 2013, the department filed a CR-101 to begin the rule adoption process to establish new Chapter 388-107 Washington Administrative Code (WAC), Enhanced Services Facilities.
In 2005, the Legislature passed a law establishing a new licensure category called Enhanced Services Facilities. Funding to establish these facilities was approved by the 2013 Legislature under Third Engrossed Substitute Senate Bill 5034 (Chapter 4, Laws of 2013).
In February 2014, we informed you that we had filed a CR-102 & WSR 14-03-026 and had scheduled a hearing for March 11, 2014. Comments were received during the public hearing regarding the draft WAC and some of those comments have been incorporated into the proposed rules.
Subsequent review of proposed language by a core workgroup incorporated four important changes to the draft WAC:
The facility must have policy and procedure regarding security precautions for the surrounding community.
ESFs may have private-pay, in addition to Medicaid funded, residents.
ESFs may be more than a one story building.
Physical restraints may be used only for medical purposes.
The department recently filed the supplemental CR-102, a more formal phase of the rule-making process. The CR-102 supplemental (WSR 14-03-026), including proposed rule language, is available on the ALTSA website under the heading, "Revised Draft Licensing WACs", at: http://www.altsa.dshs.wa.gov/professional/esf.htm.
You may either submit comments in person at the public hearing listed below or in writing to the department's Rules and Policies Assistance Unit (RPAU). The formal hearing for the proposed rules is scheduled:
Date: August 5, 2014
Time: 10:00 a.m.
Location:
Office Building 2 – Auditorium
1115 Washington Street SE, Olympia, WA 98504
Public parking is available at 11th and Jefferson streets. A map is available by calling (360) 664-6094 or visiting: http://www.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html.
You must submit written comments by 5:00 p.m. on Tuesday, August 5, 2014 to the following address or by e-mail to: DSHSRPAURulesCoordinator@dshs.wa.gov.
DSHS Rules Coordinator/RPAU
P.O. Box 45850
Olympia, WA 98504-5850
If you have questions about the proposed rules, please contact Melissa Lovell, Program Manager, at (360) 725-2408 or e-mail at Melissa.lovell@dshs.wa.gov.
Sincerely,
Carl I. Walters II. Director
Residential Care Services