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AB-1779 Recovery residences.(2019-2020)

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Date Published: 07/11/2019 09:00 PM
AB1779:v95#DOCUMENT

Amended  IN  Senate  July 11, 2019
Amended  IN  Senate  June 24, 2019
Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  April 22, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1779


Introduced by Assembly Member Daly
(Coauthor: Coauthors: Assembly Member Members Petrie-Norris and Rodriguez)

February 22, 2019


An act to add Chapter 14 (commencing with Section 11857) to Part 2 of Division 10.5 of the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1779, as amended, Daly. Recovery residences.
Existing law provides for the licensure and regulation by the State Department of Health Care Services of adult alcoholism and drug abuse recovery and treatment facilities for adults. Existing law defines a facility for those purposes to mean a premise, place, or building that provides residential nonmedical services to adults who are recovering from drug or alcohol abuse or who need drug or alcohol recovery treatment or detoxification services.
This bill would establish, and require the department to adopt and implement, minimum standards for counties seeking to use state receiving public funding to offer for recovery residences, as defined. The bill would also require a state affiliate of the National Alliance for Recovery Residences (NARR) to deny an application for, or deny or revoke the recognition, registration, or certification of, and require a county behavioral health department to terminate a contract with, a recovery residence under certain circumstances, including if the recovery residence fails to meet the minimum standards. The bill would also require a county behavioral health administrator that has documented evidence that a recovery residence under contract is not operating in compliance with NARR standards or a specified federal standard, as described, to report these findings to the department and to the NARR affiliate. By increasing the duties of county behavioral health administrators, the bill would impose a state-mandated local program.
The bill would require the department to report to the Legislature, on or before January 1, 2025, the number and types of complaints received by certifying entities the county behavioral health department and the department, the status of complaints received, and the geographic concentration of reported complaints. The bill would also include legislative findings and declarations.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) (1) Substance use disorder is ranked in the top five clinically preventable burdens on health care spending.
(2) The level of health care services used by substance use disorder patients before receiving treatment is more than double that of the general population. It has been shown that after 12 months of treatment of substance use disorders, the levels of health care services received return to almost average.
(3) An estimated 4 to 5 years is necessary for persons experiencing the chronic disease of addiction to reach a full, sustained recovery, and the first 30 to 90 days after initial treatment are the most critical for preventing relapse, making it imperative that recovery residences be expanded as a means of reducing costs associated with multiple treatment episodes.
(4) There are an estimated 3.5 million persons with diagnosable substance use disorders in California and a limited number of available recovery residences to effectively provide healthy living environments for long-term recovery.
(5) The need for quality recovery residence housing will continue to rise throughout the next decade.
(b) Therefore, it is the intent of the Legislature, in enacting this act, to identify best practices for recovery residences that contract with counties and receive public funds so that all of the following may occur:
(1) Access to legitimate recovery residence housing can be expanded.
(2) Those currently living in recovery residences may see an improved experience a level of safety and a reduction in deaths due to opioid abuse and overdose. by making federally approved opioid overdose reversal medication available.
(3) Local governments can recognize quality recovery residences for their valuable contributions to the continuum of care in addiction treatment and recovery.

SEC. 2.

 Chapter 14 (commencing with Section 11857) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read:
CHAPTER  14. Recovery Residences Residence County Optional Service

11857.
 (a) For purposes of this chapter, “recovery residence” refers to a residential property as defined in subdivision (c) of Section 11833.05.
(b) The department shall adopt the most recent standards approved by the National Alliance for Recovery Residences (NARR) (NARR), or equivalent standards, as the minimum standard for receiving state funding for recovery residence housing. housing that receives public funds through county contracts. Upon distribution of the Best Practices for Operating Recovery Housing (BPORH) by the United States Department of Health and Human Services pursuant to Section 290ee–5(a) of Title 42 of the United States Code, each specific residence performance requirement that exceeds the NARR standards for recovery residences shall be added to the minimum standard for receiving state public funding for recovery residence housing. housing pursuant to this chapter. A residence that is certified by an organization that is currently a recognized affiliate of NARR and has adopted the standards approved by NARR, including a requirement that opioid overdose reversal medication be readily available in case of an onsite opioid overdose emergency, and any additional standards identified by the BPORH, shall may be presumed to have met the minimum best practices operating requirement. requirement by the department.

11857.02.
 An application for, or the recognition, registration, or certification of, a recovery residence shall be denied or revoked by a state affiliate of NARR and a county behavioral health department shall terminate a contract with a recovery residence under any of the following circumstances:
(a) If the residence owner or operator name in the application is listed on the Department of Health and Human Services’ exclusions list pursuant to Sections 1128 and 1156 of the Social Security Act (42 U.S.C. Section 1320a-7 and 42 U.S.C. Section 1320c-5).
(b) If an applicant has previously applied for a license to operate a residential alcoholism or drug abuse recovery or treatment facility, or certified outpatient alcoholism or drug abuse recovery or treatment program, or previously held a license or certification to operate a residential or outpatient alcoholism or drug abuse recovery or treatment facility, program, and that application was denied or the previous license or certification was revoked, suspended, terminated, surrendered, forfeited, or otherwise subject to disciplinary or administrative action by the department, including the imposition of civil penalties, when the department determines recognition, registration, or certification of the recovery residence would be inconsistent with the ethical and safety standards required for that status.
(c) If the recovery residence is not operating in compliance with NARR or BPORH requirements or applicable state or federal laws. If this subdivision applies, the entity shall notify the department. laws.

11857.03.
 City, county, city and county, or local law enforcement A county behavioral health administrator that has documented evidence evidence, including evidence from a local government or law enforcement, that a recovery residence under contract is not operating in compliance with NARR or BPORH standards to an extent that resident or community safety is being impacted, in a manner that suggests fraudulent activity is occurring, or in a manner that would require licensure as a residential treatment facility, may shall report these findings to the department and to an entity described in Section 11857.01. to the NARR affiliate that provides recognition, registration, or certification for the recovery residence. The department or a city, county, or city and county, or local law enforcement, county behavioral health administrator may request that the residence obtain recognition, registration, certification, or licensure, as applicable, as a recovery residence or treatment facility within 90 days of being notified of that deficiency by the department or an entity described in Section 11857.01 within a timeframe determined by the department or county behavioral health administrator in order to improve the conditions at the residence and support positive relationships with the community. If the recovery residence is providing treatment licensable treatment services for addiction, the recovery residence shall cease providing services that may be provided only pursuant to a valid license the licensable services until the appropriate license has been issued. issued by the department.

11857.07.
 (a) This chapter does not prohibit a county contracting authority from requiring quality and performance standards that are similar to, or that exceed, the standards described in this chapter, when contracting for recovery residence services.
(b) An entity A NARR affiliate that provides recognition, registration, or certification for recovery residences may enter into a memorandum of understanding with a county for the purposes of determining if the county’s requirements meet or exceed the minimum requirements of the entity. NARR. A memorandum of understanding may include the granting of reciprocity based upon the requirements of the county contract.

11857.08.
 (a) The department shall report to the Legislature on or before January 1, 2025, the number and types of complaints received by entities the county behavioral health department and the department pursuant to Section 11857.03, the status of complaints received, and the geographic concentration of reported complaints.
(b) The report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.