Today's Law As Amended

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SB-1290 Substance abuse disorder treatment.(2017-2018)



SECTION 1.
 It is the intent of the Legislature to encourage public and private sector businesses and organizations providing substance use disorder treatment and supportive services, including in residential settings, to provide those treatments and services with integrity and to ensure the quality of life for patients and individuals receiving these services. Therefore, the Legislature encourages all of the following:
(a) All patients and individuals receiving care for chronic substance use disorders are to be treated with honesty, respect, and dignity.
(b) All patients and individuals receiving care are to be fully informed of what to expect from treatment, including the cost and duration of treatment, and the likelihood of success.
(c) All patients and individuals are to receive care from qualified providers as determined by the State Department of Health Care Services.
(d) All patients and individuals are to receive an individualized, outcome-driven treatment plan.

SEC. 2.

 Article 3 (commencing with Section 11829.5) is added to Chapter 6 of Part 2 of Division 10.5 of the Health and Safety Code, to read:

Article  3. Commission on Substance Abuse and Recovery
11829.5.
 (a) The Commission on Substance Abuse and Recovery is hereby established to provide comprehensive recommendations to the Legislature to create a coordinated and unified effort among state and local agencies to effectively confront the statewide addiction and substance abuse crisis with appropriate care and consideration of local effects.
(b) The commission shall review standards of care for patients, including, but not limited to, all of the following:
(1) Known best practices and evidence-based care.
(2) Consumer protections for patients.
(3) How patients are referred for care, including if any are recruited from either outside of the state or nonlocal areas.
(4) The availability of providers, facilities, and residences across the state.
(5) Market and local concentration of care providers, facilities, and residences.
(6) The education, training, qualifications, and efficacy of care providers, including any improvements necessary in the education, training, qualifications, and certification of care providers.
(7) Local use issues.

SEC. 3.

 Section 11834.19 is added to the Health and Safety Code, to read:

11834.19.
 It is unlawful for any licensee, operator, manager, consultant, employee, or patient of an alcoholism or drug abuse recovery or treatment facility, or any other person to do any of the following:
(a) Offer or pay a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, to induce the referral of a patient or patronage to or from an alcoholism or drug abuse recovery or treatment facility.
(b) Solicit or receive a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for referring a patient or patronage to or from an alcoholism or drug abuse recovery or treatment facility.
(c) Solicit or receive a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for the acceptance or acknowledgment of treatment from an alcoholism or drug abuse recovery or treatment facility.
(d) Aid, abet, advise, broker, steer, or otherwise participate in the conduct prohibited under subdivisions (a) to (c), inclusive.