EEC says 30-year-old residential rules will be modernized after public comments; redline to come before May vote

EEC presented progress on an extensive overhaul of residential program regulations Wednesday, saying the proposed changes reflect updated safety practices, clarity for providers and stronger expectations for trauma-informed care.

The team leading the reforms — including Deputy Commissioner of Field Operations Joe Rourke, supervisors Kelly Buckley and Miguel Ortega, Director Tim Keen and project manager Susan Habchy — told board members the rewrite reorganizes rules for clarity, aligns language with sister agencies such as the Department of Elementary and Secondary Education (DESE), and adds requirements for training, reporting and transparency.

What changed after public comment: Staff reported 26 written submissions during the public comment window and described several substantive adjustments. In response to provider concerns, the agency reverted some terminology from a wholesale replacement of the word "resident" with "child"; it broadened medical-language references ("physician" → "licensed physician or practitioner") to include nurse practitioners; it removed a proposed requirement to store staff immunization records in personnel files because of HIPAA and employment law concerns; and it clarified that seclusion language will be implemented through policy that sets conditions and administrative approval rather than remaining as a broad regulatory change.

Commissioner and team members emphasized precautions to avoid unintended consequences and said the agency will align effective dates with DESE rules (targeting an August alignment) so that programs spanning school and residence have consistent expectations. Staff also said they would continue policy development with provider partners and finalize training supports before seeking the board’s vote to promulgate the regulations in May.

Board questions and next steps: Board members praised the collaborative process, asked how lived experience was incorporated, and were directed to ongoing licenser visits and planned creation of a family advisory committee to ensure residents’ voices inform policy and implementation. The agency committed to circulate the full redline two weeks before the May meeting and to publish an implementation and training timeline so providers can comply with new requirements.

The residential team said the next phase focuses on operational policies, information-technology supports for monitoring, and targeted training to "support you to comply first," emphasizing assistance rather than punitive enforcement after promulgation.