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AB-2214 Recovery residences.(2017-2018)

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Date Published: 04/11/2018 09:00 PM
AB2214:v96#DOCUMENT

Amended  IN  Assembly  April 11, 2018
Amended  IN  Assembly  April 02, 2018
Amended  IN  Assembly  March 12, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2214


Introduced by Assembly Members Rodriguez and Melendez
(Coauthors: Assembly Members Acosta, Cervantes, Gallagher, Gray, Lackey, and Nazarian)
(Coauthor: Senator Bates)

February 12, 2018


An act to add and repeal Section 11834.19 of the Health and Safety Code, relating to residential facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 2214, as amended, Rodriguez. Recovery residences.
Existing law provides for the licensure and regulation of community care facilities by the State Department of Social Services. Existing law also 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.
This bill would, among other things, define a “recovery residence” as a residential property that is operated as a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcoholism or drug abuse, or both, who seek a living environment that supports personal recovery. The bill would authorize a recovery residence to demonstrate its commitment to providing a supportive recovery environment by applying and becoming certified by a certifying organization that is approved by the State Department of Health Care Services. The bill would require an approved certifying organization to, among other things, maintain an affiliation with a national organization recognized by the department, establish and use procedures to administer the application, certification, renewal, and disciplinary processes for a recovery residence, and investigate and enforce violations by a residence of the organization’s code of conduct, as provided. The bill would specify the information and documentation that an operator who seeks to have a residence certified is required to submit to an approved certifying organization.
This bill would require an approved certifying organization to maintain and post on its Internet Web site a registry containing specified information of a residence that has been certified pursuant to these provisions, and would require the department to maintain and post on its Internet Web site a registry that contains specified information regarding each residence and operator that has had its certification revoked.
This bill would require, on and after January 1, 2020, specified entities, including a state agency, state-contracted vendor, county agency, or county-contracted vendor, certified alcohol drug counselor, and person or entity licensed in the healing arts that directs substance use treatment, or a judge or parole board that sets terms and conditions for the release, parole, or discharge of a person from custody, if it requires that person to reside in a sober living environment, to first refer that person to a residence listed as a certified recovery residence on a registry posted by an approved certifying organization, if available. The bill would authorize those entities to refer persons to noncertified recovery residences, if they determine it is in the best interests of those persons, and, in that case, and would authorize those entities to notify the State Department of Health Care Services department of their decision. The bill would require the department to report to the Legislature on or before January 1, 2021, regarding the efficacy of its regulation of certifying organizations’ impact on complaint resolution, as specified. By imposing additional duties on local governments, this bill would create a state-mandated local program. The bill would provide for the repeal of all of these provisions on January 1, 2026.
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: YES  

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 nonaddicts. It has been shown that after 12 months of treatment of substance use disorders, the levels of health care services used return to almost average.
(3) An estimated four to five 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 establish a voluntary recovery residence certification program so that all of the following may occur:
(1) Access to recovery residence housing can be expanded.
(2) Those seeking recovery housing for substance use disorders in California will find a coordinated system of care in which “no wrong door” is found in response to accessing healthy environments to reside in where long-term recovery can be supported.
(3) Quality recovery residences can be recognized for their valuable contributions to the continuum of care in addiction treatment and recovery.

SEC. 2.

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

11834.19.
 (a) (1) For purposes of this section, “recovery residence” means a residential property that is operated as a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcoholism or drug abuse, or both, who seek a living environment that supports personal recovery.
(2) A recovery residence may demonstrate its commitment to providing a supportive recovery environment by applying and becoming certified by an approved certifying organization pursuant to subdivision (c).
(3) To use the designation “certified recovery residence” the cooperative living arrangement shall satisfy all of the following requirements:
(A) Owners, managers, operators, and residents observe and promote a zero tolerance policy regarding the consumption or possession of alcohol or controlled substances or marijuana being used in any manner not consistent with a documented prescription.
(B) Residents actively participate in community or individual programs of recovery from substance use disorder, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous programs.
(C) Within the recovery residence, a resident who has been referred to, and has access to, ongoing outpatient treatment, aftercare, or other recovery maintenance services commits to continue to use these services in accordance with a clinically managed system of care, if one exists for the resident.
(4) A residence that houses persons who are committed to recovering from drug and alcohol addiction shall be presumed to be a recovery residence if the residence has been certified by an approved certifying organization.

(5)If a residence is certified pursuant to this section, the activities at that residence shall be deemed a residential use of property and a use of property by a single family, pursuant to Article 2 (commencing with Section 11834.20).

(b) For purposes of this section, the following definitions apply:
(1) “Approved certifying organization” means an organization approved by the department to certify a residence as a recovery residence pursuant to this section.
(2) “Approved national organization” means a national organization, recognized by the department, the primary function of which is to improve access to, and the quality of, recovery residences through standards, education, research, and advocacy.
(3) “Recovery specialist training” means training in recognizing addiction, dependence, abuse of alcohol or other drugs, and other symptoms that relate to substance use, and supporting recovery to address that addiction, dependence, or use.
(c) An approved certifying organization shall do all of the following:
(1) Maintain an office in the state.
(2) Maintain nonprofit status in the state.
(3) Be an affiliate of, and continuously maintain affiliation with, the approved national organization recognized by the department.
(4) Maintain the most current standards published by the approved national organization.
(5) Document that the organization actively develops and confers professional, residential, or organizational quality designations according to applicable nationally recognized standards.
(6) Demonstrate that it has and uses established recovery residence certification requirements.
(7) Demonstrate that it has and uses procedures to administer the application, certification, renewal, and disciplinary processes for a recovery residence.
(8) (A) Inspect, at least annually, a recovery residence to ensure compliance with certification requirements.
(B) Conduct, at the discretion of the approved certifying organization, periodic reviews of a residence to determine whether the residence is in compliance with all applicable laws.
(C) Revoke the certification of a residence if the residence is not operating in compliance with certification requirements or applicable laws, and notify the department of the revocation.
(9) Submit to the department and the operator of a residence that the organization certifies a written code of conduct for a recovery residence that incorporates national standards for legal and ethical conduct for recovery residences.
(10) Submit to the department and the operator of a recovery residence disciplinary guidelines that include sanctions for first and subsequent violations of the organization’s code of conduct, that allow the recovery residence notice and opportunity to correct a violation, and that require the approved certifying organization to revoke the certification of the residence if the required corrective action is not completed within the specified time period and to notify the department of the revocation.
(11) Respond to and investigate suspected violations of the organization’s code of conduct.
(12) Require an operator who seeks to have a residence certified to submit all of the following documents with the operator’s completed application and fee:
(A) Procedures and requirements for verifying that a resident is not using alcohol or drugs in a manner not consistent with a prescription or product labeling.
(B) A prohibition on the premises against alcohol, illegal drugs, or the use of prescribed medications by an individual except as prescribed by a physician and used in accordance with the prescription.
(C) Policies to support a resident’s recovery efforts.
(D) A good neighbor policy to address neighborhood concerns and complaints.
(E) A policy for informing local government officials and neighbors about the approved certification organization’s complaint procedures, the contact number of the operator of the residence, and a contact number of at least one resident assigned with the responsibility of mitigating a complaint.
(F) Rules for residents, copies of forms provided to residents, relapse policy, fee and refund policies, and eviction procedures and policies.
(G) Proof that the owner or operator of the residence has completed a minimum of 10 hours of alcohol and drug free program management education accepted by the approved certifying organization.
(H) Proof that at least one resident or an onsite staff member has completed or will complete a minimum of 10 hours of recovery specialist training accepted by the approved certifying organization. At least one resident or onsite staff member shall complete a minimum of 10 hours of this training each year. Training shall include, at a minimum, the subjects of ethics, health and safety topics related to addiction recovery and maintenance, and emergency planning procedures.
(13) Maintain and post on its Internet Web site a registry containing the street address and the name and contact telephone number of the operator of each residence that chooses to be listed as a certified recovery residence pursuant to this section.
(14) Make available to the department a nonpublic, confidential Internet Web site registry containing the street address and the name and contact telephone number of the operator of each residence it has certified as a recovery residence pursuant to this section.
(15) (A) Review the registry posted on the department’s Internet Web site pursuant to subdivision (i) to determine whether the residence that the operator has applied to have certified has had a previous certification revoked or the operator submitting the application for certification has operated a residence for which a previous certification has been revoked.
(B) Deny an application for certification if the residence address or operator name in the application is listed on the registry and satisfies the conditions described in subparagraph (A), and send the applicant a written notice of denial of certification.
(C) Deny an application for certification if the residence owner or operator name in the application is listed on the Office of the Inspector General exclusions list under the authority of Sections 1128 and 1156 of the Social Security Act.
(16) Provide a public telephone number and email contact specifically dedicated to certified recovery residence complaint resolution whereby complaints shall be responded to within 24 hours, or the next business day for weekend complaints. Certifying organization complaint telephone and email contact information shall be provided to all cities, counties, or cities and counties in which a certified recovery residence is located within 30 days of approval of that residence.
(17) Publish certification fees and keep fees consistent with national standards for certification.
(d) The department shall adopt application procedures and standards of approval for an organization that seeks to become an approved certifying organization.
(e) The department shall adopt application procedures and standards of approval for an organization that seeks to become an approved national organization.
(f) (1) The department may conduct periodic reviews and inspect the records of an approved certifying organization, as necessary, to determine whether the organization is in compliance with all applicable laws.
(2) The department may revoke approval of an approved certifying organization if the organization does any of the following:
(A) Ceases to be affiliated with the approved national organization.
(B) Fails to perform any of the duties imposed by subdivision (c).
(C) Refuses to comply with sanctions imposed by the department.
(D) Discontinues certifying recovery residences.
(g) (1) The department may investigate complaints it receives regarding a recovery residence independently or in conjunction with the approved certifying organization.
(2) The department may require certifying organizations to impose sanctions and commence disciplinary actions, including revoking the certification of a residence as a recovery residence.
(3) The department may require revocation of certification if an applicant has previously applied for a license to operate a residential alcoholism or drug abuse recovery or treatment facility, or certified alcoholism or drug abuse recovery or treatment program, or previously held a license to operate a residential alcoholism or drug abuse recovery or treatment facility, and that application was denied or the previous license was revoked, suspended, terminated, surrendered, forfeited, or otherwise had disciplinary or administrative action taken against it by the department, including imposition of civil penalties, that the department determines would make its certification inconsistent with ethical and safety standards required for certification.
(h) A city, county, city and county, or local law enforcement agency that suspects that a recovery residence is not operating in compliance with the residence’s code of conduct may request the department to revoke the certification of that residence.
(i) The department shall maintain and post on its Internet Web site a registry containing the following information:
(1) The street address of each residence that has had its certification revoked.
(2) The name of each operator of a residence that has had its certification revoked.
(j) (1) Notwithstanding any other law, on and after January 1, 2020, a state agency, state contracted vendor, county agency, county contracted vendor, licensed or certified alcohol drug treatment program, certified alcohol drug counselor, or a person or entity licensed in the healing arts pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code that directs substance use treatment, shall first, when referring a person to a recovery residence as part of its duties with regard to substance use treatment, refer that person to a residence listed as a certified recovery residence on a registry posted by an approved certifying organization, if available.
(2) A judge or parole board that sets terms and conditions for the release, parole, or discharge of a person from custody, if it requires a person to reside in a sober living environment, shall first, when referring a person to a recovery residence as part of its duties with regard to substance use treatment, refer that person to a residence listed as a certified recovery residence on a registry posted by an approved certifying organization, if available, to guarantee proper rehabilitation in accordance with the terms and conditions of the court’s orders or terms of release as applicable, pursuant to subdivision (a) of Section 1170 of the Penal Code. This section does not prohibit a judge or parole board that sets terms and conditions for the release, parole, or discharge of a person from custody from referring a person to a noncertified recovery residence.
(k) An entity or person specified in subdivision (j) may refer an individual to a noncertified recovery residence, if the entity or person determines it is in the individual’s best interest, and, upon making that referral, shall may notify the State Department of Health Care Services department of that decision. decision without divulging the name of the person being referred, or the residence to which the referral is made.
(l) This section does not prohibit any county contracting authority from requiring similar or additional quality and performance standards when contracting for recovery residence or sober living services and does not require any county to become a certifying organization in order to certify recovery residences for the purpose of meeting contractual obligations within a county.
(m) A recognized certifying organization 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 certifying organization. A memorandum of understanding may include the granting of reciprocal certifications based upon the requirements of the county contract, listing county certified recovery residences on the certifying organization’s Internet Web site, and coordination regarding complaint resolution.
(n) (1) The department shall report to the Legislature on or before January 1, 2021, regarding the efficacy of its regulation of certifying organizations’ impact on complaint resolution. The report shall include, but not be limited to, the number and types of complaints received by certifying organizations and the department, the status of complaints received, and the geographic concentration of reported complaints.
(2) The report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(o) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

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.