Announcements
New Rules effective January 1, 2026, to comply with federal Home and Community Based Settings (HCBS) requirements.
The rules require AFH, ALF, and ESF to have a “residency agreement” with residents who have Medicaid as a payor. The purpose of the agreement is to provide resident protections for eviction and appeals comparable to the Residential Landlord Tenant Act. AFH, ALF, and ESF must also provide written notice to Medicaid residents of their right to legal assistance when issuing a notice of transfer or discharge.
- Find the provider letter, slide deck presentation, Q & A, and FAQ here.
- Optional forms available for use on January 1, 2026:
- HCLA Residency Agreement Language Template (DSHS 16-302).
- Notice of Transfer or Discharge (DSHS 15-458). The form will be available December 22, 2025, for use beginning January 1, 2026. Access the form by clicking the link in this message after Dec 22nd. The form can be used for all resident discharges, but use of the form is not required. If you choose to use the Notice of Transfer or Discharge form, distribution of the form to the Long-term Care Ombuds and DSHS case manager is required only for residents with Medicaid:
- Long-Term Care Ombuds: email the Notice of Transfer or Discharge to Discharges@mschelps.org or send by e-fax (253) 216-3699.
- DSHS case manager: use your established methods to send the Notice of Transfer or Discharge.
- The long-term care discharge defense screening line phone number on is (888) 437-0017. This number will not be active until January 5, 2026. You must include it in any discharge notice to a resident with Medicaid beginning January 1, 2026. The resident will be able to reach someone on or after January 5, 2026. This number must also be included in your residency agreement.
- Find more information about this and other RCS rulemaking projects here ALTSA RCS Rulemaking | DSHS (page updates in progress, check back regularly).
Please ensure you are using the current ESF License Application (DSHS 10-535). Effective September 1, 2025, applications received with a revision date other than July 2025 (REV. 07/2025) in the bottom left-hand corner will be rejected.
Retention Toolkit Available. Providers and administrators can access free supervisory tools, online courses, and free CEs through CareLearnWA, a provider of training and resources for direct care staff. The Retention Toolkit helps supervisors and managers of direct care staff address retention issues, reduce high turnover rates, and continue providing quality care. The toolkit will be initially available to supervisors of staff who are not members of the Service Employees International Union (SEIU). Available modules include Onboarding, Communication, Recognition, and Wellness, and a new module addressing Harassment, Abuse, and Discrimination of caregivers. Set up a free account and access the toolkit by visiting https://carelearnwa.com/.
Background checks during and after licensure:
Latest Guidance Regarding COVID-19
The Washington State Legislature authorized DSHS to develop Enhanced Services Facilities (ESFs) under Chapter 70.97 RCW. This new category of licensed residential facility will provide a community placement option for individuals whose complicated personal care and behavioral challenges do not rise to a level that requires an institutional setting. Individuals are referred to an ESF if they are coming out of state and community psychiatric hospitals or have no other placement option due to their complex behavior, medical, chemical dependency and/or mental health needs.
ESFs use high staffing ratios, with a strong focus on behavioral interventions, to offer effective services to their residents. These facilities offer behavioral health, personal care services and nursing, at a level of intensity that is not generally provided in other licensed long-term care settings.
Information and Updates
ESF Information Changes (DSHS 10-602)
How to become a licensed and contracted ESF Provider
In order to serve ESF residents, you must be a licensed ESF provider and be contracted with the Home and Community Services (HCS) Division.
Successful ESF applicants will have experience providing personal care to Medicaid clients with highly complex personal care and behavioral challenges.
If you are interested in becoming a licensed ESF, Residential Care Services (RCS) and HCS will meet with you to outline the process and provide ongoing assistance as you develop your plan for licensing.
Step 1: Request an information meeting after July 18, 2022, by contacting HCS Resource Support and Development Team at resourcedevelopment@dshs.wa.gov
Step 2: Work with HCS and RCS to develop building and operational plans.
Step 3: Continue working with HCS and RCS to begin the application process with Department of Health, Construction Review Services (CRS).
Next steps will depend on building design, local permitting process and program elements. As you move forward, you will need to:
- Read and understand the licensing regulations, Chapter 388-107 WAC.
- Ensure the building meets all requirements in Chapter 388-107 WAC, by working with the Department of Health's Construction Review Services to comply with all building specifications.
- Submit the completed ESF license application and the license fee of $1,040 per bed.
- Work with RCS' licensors to comply with all requirements to obtain a license.
- Once licensed, submit an ESF contract application (available soon) to provide services to DSHS clients.
Disaster Preparedness Rulemaking
Contract Qualifications
In order to receive an ESF Contract to serve DSHS clients, the Contractor must provide evidence of all requirements listed below.
- The Contractor must have a current Enhanced Services Facility (ESF) license.
- The Contractor must have demonstrated experience and ability providing services and supports in a community based setting to adults with complex behavioral and personal care needs.
- The Contractor must have a demonstrated ability to provide (or arrange) for all required staff trainings.
Stakeholder Materials
- ESF Webinar, Contract Review, December 13, 2013
- ESF Webinar, Introduction September 24, 2013
- Infection Control Essentials for Community Programs – PowerPoint Presentation
- Provider Letters
- CareLearn Washington
- Sample Environmental Risk Assessment - Suicide and Self-Harm
Statute and Draft Regulations
- Legal Authority
- ESF Rule Filings
- CR-102 and CR-103E (Amending Requirement for Training and Home Care Aide Certification)
- CR 101 - Proposed Rulemaking - Chapter 388-107 (ESHB 1120 Licensing Inspection Timelines)
- Proposed Rulemaking – Chapter 388-107 WAC (Background Checks)
- View CR 101
- CR 101 – Proposed Rulemaking – Chapter 388-107 WAC (TB)
Questions and Comments
For information and questions related to ESF development or the contract, please reach out to Resource Support and Development at resourcedevelopment@dshs.wa.gov.
For questions about licensing and the licensing WACs, please contact RCSPolicy@dshs.wa.gov