Bill Text: CA AB940 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Recovery residences.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB940 Detail]

Download: California-2019-AB940-Amended.html

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Amended  IN  Assembly  March 12, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 940

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Introduced by Assembly Member Melendez

February 20, 2019

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An act to amend Sections 11831.6 and 11831.7 of, and to add Part 1.86 (commencing with Section 444.01) to Division 1 of of, the Health and Safety Code, relating to recovery residences.

LEGISLATIVE COUNSEL'S DIGEST

AB 940, as amended, Melendez. Recovery residences.

Existing law provides for the administration of public health, as specified. 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. Existing law prohibits a person specified persons, programs, or entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. Existing law authorizes the department to investigate and impose specified sanctions for violations of that prohibition, including assessing a penalty or revoking a license.

This bill would declare the intent of the Legislature to prohibit a recovery residence, as defined, from engaging in practices including, but not limited to, paying or otherwise compensating a third party to refer a patient to the recovery residence. prohibit a recovery residence from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services, and would require the department to impose a minimum fine of $50,000 for each violation. The bill would define “recovery residence” and specify various criteria required for a commercially operated cooperative living arrangement to use that designation.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

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

SECTION 1.

 It is the intent of the Legislature to prohibit a recovery residence from engaging in practices including, but not limited to, providing payment or other compensation to a third party for bringing a patient to the recovery residence, commonly referred to as “patient brokering.”

SEC. 2.

 Part 1.86 (commencing with Section 444.01) is added to Division 1 of the Health and Safety Code, to read:

PART 1.86. Recovery Residences

444.01.

 (a) For purposes of this section, “recovery residence” means a residential property that is commercially 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.

(1) To use the designation “recovery residence,” a 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, controlled substances, or marijuana cannabis 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.

(2) “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.

(b) An operator of a recovery residence shall adopt all of the following:

(1) Procedures and requirements for verifying that a resident is not using alcohol or drugs in a manner inconsistent with a prescription or product labeling.

(2) 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.

(3) Policies to support a resident’s recovery efforts.

(4) A good neighbor policy to address neighborhood concerns and complaints.

(5) A policy for informing local government officials and neighbors about 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.

(6) Rules for residents, copies of forms provided to residents, a relapse policy, fee and refund policies, and eviction procedures and policies.

(c) (1) The owner or operator of the residence shall complete a minimum of 10 hours of recovery specialist training.

(2) In each recovery residence, at least one resident or an onsite staff member shall complete a minimum of 10 hours of recovery specialist training.

(3) Training shall include, at a minimum, the subjects of ethics, health and safety topics related to addiction recovery and maintenance, and emergency planning procedures.

SEC. 3.

 Section 11831.6 of the Health and Safety Code is amended to read:

11831.6.

 (a) The following persons, programs, or entities shall not give or receive remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services:

(1) An alcoholism or drug abuse recovery and treatment facility licensed under this part.

(2) An owner, partner, officer, or director, or shareholder who holds an interest of at least 10 percent in an alcoholism or drug abuse recovery and treatment facility licensed under this part.

(3) A person employed by, or working for, an alcoholism or drug abuse recovery and treatment facility licensed under this part, including, but not limited to, registered and certified counselors and licensed professionals providing counseling services.

(4) An alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.

(5) An owner, partner, officer, or director, or shareholder who holds an interest of at least 10 percent in an alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.

(6) A person employed by, or working for, an alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1, including, but not limited to, registered and certified counselors and licensed professionals providing counseling services.

(7) A recovery residence, as defined in Section 444.01.

(b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may, if it deems appropriate, implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions from the department, until regulations are adopted.

SEC. 4.

 Section 11831.7 of the Health and Safety Code is amended to read:

11831.7.

 (a) The department may investigate allegations of violations of Section 11831.6. The department may, upon finding a violation of Section 11831.6 or any regulation adopted pursuant to that section, do any of the following:

(1) Assess a penalty upon an alcoholism or drug abuse recovery and treatment facility licensed under this part.

(2) Suspend or revoke the license of an alcoholism or drug abuse recovery and treatment facility licensed under Chapter 7.5 (commencing with Section 11834.01), or deny an application for licensure, extension of the licensing period, or modification to a license. Article 4 (commencing with Section 11834.35) of Chapter 7.5 shall apply to any action taken pursuant to this paragraph.

(3) Assess a penalty upon an alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.

(4) Suspend or revoke the certification of an alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1.

(5) Suspend or revoke the registration or certification of a counselor for a violation of Section 11831.6.

(b) The department may investigate allegations against a licensed professional providing counseling services at an alcoholism or drug abuse recovery and treatment program licensed, certified, or funded under this part, and recommend disciplinary actions, including, but not limited to, termination of employment at a program and suspension and revocation of licensure by the respective licensing board.

(c) The department shall fine a recovery residence, as defined in Section 444.01, a minimum of fifty thousand dollars ($50,000) for each violation of Section 11831.6.

(c)

(d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may, if it deems appropriate, implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions from the department, until regulations are adopted.