Currrent as of February 4, 2022
Assembly Bill No. 1779
Introduced by Assembly Member Daly
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 receiving public funding for recovery residences, as defined. This bill would require the department, prior to finalizing minimum standards, to conduct a review with stakeholders, as specified. 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 authorize a county to require a recovery residence to provide proof of certification by a state affiliate of NARR, in lieu of otherwise demonstrating eligibility to enter into a contract. 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. The bill would further require that a county behavioral health department report to the department and NARR affiliate when it has documentary evidence suggesting fraud. 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 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: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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 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 recovery residence housing can be expanded.
(2) Those currently living in recovery residences may experience a level of safety and a reduction in deaths by making federally approved opioid overdose reversal medication available.
(3) Local governments can recognize recovery residences for their valuable contributions to the continuum of care in addiction recovery.
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 Residence County Optional Service
(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), or equivalent standards, as the minimum standard for recovery residence 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, the department shall conduct a review of the BPORH with disability rights and recovery residence stakeholders to determine whether the integration of any of the best practices performance requirements may enhance safety, quality, or access to recovery housing before finalizing to the minimum standard for receiving public funding for recovery residence 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 department after reviewing the BPORH, may be presumed to have met the minimum best practices operating requirement adopted by the department.
(a) A county behavioral health department shall contract with a recovery residence only under the following circumstances and shall terminate any contracts if the recovery residence does not conform with any of the following:
(1) If the residence owner or operator named in the application is not 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) at the time of the origination or renewal of the contract.
(2) If an applicant has not had a previous application 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 denied, or if an applicant has not previously held a license or certification to operate a residential or outpatient alcoholism or drug abuse recovery or treatment program, revoked, suspended, terminated, surrendered, forfeited, or otherwise subject to disciplinary or administrative action by the department, including the imposition of civil penalties.
(3) If the recovery residence is operating in compliance with NARR or BPORH requirements as documented by the county behavioral health department and is not subject to revocation of certification by a certifying organization.
(4) If the residence owner or operator company name is not listed on the National Labor Relations Board with a judgment against the company for violating the National Labor Relations Act at the time of the origination or renewal of the contract.
(b) A county behavioral health department may require a recovery residence to show proof of certification by a state NARR affiliate in lieu of demonstrating compliance with paragraphs (1) to (4), inclusive, of subdivision (a) where the certifying affiliate has adopted the minimum standards identified by the department and where the state NARR affiliate excludes applications in violation of the requirements in paragraphs (1), (2), and (4) of subdivision (a).
(a) A county behavioral health administrator that has documented 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, NARR affiliate that provides recognition, registration, or certification for the recovery residence.
(b) A county behavioral health administrator that has documented evidence, including evidence from a local government or law enforcement, that a recovery residence under contract is operating in a manner that suggests fraudulent activity is occurring, or in a manner that would require licensure as a residential treatment facility, shall report these findings to the department and to the NARR affiliate that provides recognition, registration, or certification for the recovery residence. A 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 a timeframe determined by the 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 licensable treatment services for addiction, the recovery residence shall cease providing the licensable services until the appropriate license has been issued by the department.
(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) 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 NARR. A memorandum of understanding may include the granting of reciprocity based upon the requirements of the county contract.
(a) The department shall report to the Legislature on or before January 1, 2025, the number and types of complaints received by the county behavioral health departments 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.
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.
AB 1779 California