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SB-34 Residential treatment facilities.(2017-2018)

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Date Published: 05/01/2017 03:30 PM
SB34:v95#DOCUMENT

Amended  IN  Senate  May 01, 2017
Amended  IN  Senate  April 20, 2017
Amended  IN  Senate  April 17, 2017
Amended  IN  Senate  March 16, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 34


Introduced by Senator Bates
(Coauthor: Assembly Member Brough)

December 05, 2016


An act to add Section 11834.095 11834.11 to the Health and Safety Code, relating to residential facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 34, as amended, Bates. Residential treatment facilities.

Existing law, the California Community Care Facilities Act (the act), provides for the licensing and regulation of community care facilities, as defined, by the State Department of Social Services. A violation of the act is a misdemeanor.

Existing law regulates alcoholism or drug abuse recovery or treatment facilities to provide recovery, treatment, or detoxification services within this state and makes the State Department of Health Care Services the sole authority in state government to license those facilities.
The bill would require the State Department of Health Care Services to report to the Legislature, on or before January 1, 2019, regarding the effect of the concentration of residential alcoholism or drug abuse recovery or treatment facilities in a community on the health and recovery of residents of those facilities, as specified. The bill would also require, commencing January 1, 2019, the department to annually post on its Internet Web site information regarding the effect of the concentration of those facilities, including the number and nature of complaints submitted to the department regarding the concentration of those facilities and the findings of completed investigations by the department regarding the complaints. department, no later than January 1, 2019, to develop specified guidelines on how to report to the Legislature about licensed residential alcoholism or drug abuse recovery or treatment facilities. The bill would require the guidelines to address certain topics, including, among others, methods for determining whether complaints received by the department regarding facility overconcentration in communities are substantiated or unsubstantiated. The bill would require the department, no later than January 1, 2020, to complete and submit a report, using those guidelines, to the Legislature regarding its findings on licensed residential alcoholism or drug abuse recovery or treatment facilities. The bill would require the department to post the guidelines and the completed report on its Internet Web site.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11834.11 is added to the Health and Safety Code, immediately following Section 11834.09, to read:

11834.11.
 (a) (1) No later than January 1, 2019, the State Department of Health Care Services shall develop guidelines in consultation with the County Behavioral Health Directors Association of California, addiction medicine specialists, substance use disorder recovery or treatment providers, disability rights representatives, and other interested stakeholders, on how to report to the Legislature about licensed residential alcoholism or drug abuse recovery or treatment facilities. The guidelines shall address, at a minimum, all of the following:
(A) Methods for determining whether complaints received by the department regarding facility overconcentration in communities are substantiated or unsubstantiated, and methods for addressing those complaints.
(B) Methods for determining statewide capacity of residential alcoholism or drug abuse recovery or treatment facilities and making recommendations on how to address unmet need.
(C) Methods for identifying and mitigating barriers to siting residential alcoholism or drug abuse recovery or treatment facilities in communities.
(D) Methods for developing outcome measures for residents of residential alcoholism or drug abuse recovery or treatment facilities.
(2) The department shall post the guidelines developed pursuant to paragraph (1) on its Internet Web site.
(b) (1) (A) The department shall, no later than January 1, 2020, complete and submit a report to the Legislature, using the guidelines developed pursuant to subdivision (a), regarding its findings on licensed residential alcoholism or drug abuse recovery or treatment facilities. If the department does not complete the report by the date required, the department shall provide an update to the Legislature and a timeline for when the report is expected to be completed.
(B) The report submitted to the Legislature pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(2) The department shall post the completed report on its Internet Web site.

SECTION 1.Section 11834.095 is added to the Health and Safety Code, immediately following Section 11834.09, to read:
11834.095.

(a)The State Department of Health Care Services shall report to the Legislature regarding the effect of the concentration of residential alcoholism or drug abuse recovery or treatment facilities in a community on the health and recovery of residents of those facilities. If the department determines that the concentration of residential alcoholism or drug abuse recovery or treatment facilities has a negative effect on the residents of the facilities, the report shall provide recommendations on how to mitigate the effect and address the concentration of those facilities. The report shall be completed and submitted to the Legislature on or before January 1, 2019.

(b)Commencing January 1, 2019, the department shall annually post all of the following information on its Internet Web site:

(1)The number and nature of complaints submitted to the department regarding the concentration of residential alcoholism or drug abuse recovery or treatment facilities.

(2)The findings of completed investigations by the department regarding the complaints described in paragraph (1).

(3)The methods used by the department to investigate the complaints described in paragraph (1).

(4)The efforts taken by the department to mitigate the negative effects, if any, on the residents of residential alcoholism or drug abuse recovery or treatment facilities.

(c)The report submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.