Bill Text: CA SB1228 | 2017-2018 | Regular Session | Amended

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

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Bill Title: Alcoholism or drug abuse recovery and treatment services: referrals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-09-26 - Chaptered by Secretary of State. Chapter 792, Statutes of 2018. [SB1228 Detail]

Download: California-2017-SB1228-Amended.html

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Amended  IN  Assembly  June 28, 2018

Amended  IN  Assembly  June 20, 2018

Amended  IN  Senate  April 26, 2018

Amended  IN  Senate  March 21, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 1228

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Introduced by Senator Lara

February 15, 2018

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An act to add Part 4 (commencing with Section 11977) to Division 10.5 of the Health and Safety Code, and to amend Section 1170.06 of the Penal Code, relating to public health.

LEGISLATIVE COUNSEL'S DIGEST

SB 1228, as amended, Lara. Substance use disorder: licensed and certified treatment programs.

(1) Existing law provides for the licensure and regulation of alcoholism or drug abuse recovery or treatment facilities serving adults by the State Department of Health Care Services. Existing law restricts a licensee from operating an alcoholism or drug abuse recovery or treatment facility beyond the conditions and limitations specified on the license.

This bill would enact the Substance Use Disorder Patient Protection Act to prohibit a licensee or an employee of a licensee from referring a patient to a facility, residence, or dwelling that is not either a licensee or certified, or engaging in patient brokering. The act would define “patient brokering” to include, among other things, directly referring a patient to a provider of substance use disorder continuum of care in exchange for any economic benefit. The act would require the department to establish a program to approve organizations that certify facilities, residences, or dwellings which provide substance use disorder continuum of care, are not licensees, and meet specified requirements that include a ban on patient brokering.

(2) Existing law authorizes a sheriff or a county director of corrections to offer a program under which certain types of inmates committed to a county jail are allowed to participate in a voluntary alternative custody program in lieu of their confinement in the county jail. A voluntary alternative custody program includes confinement to a residential drug or treatment program.

This bill would require require, commencing July 1, 2019, that an alternative custody program that provides substance use disorder continuum of care to either be licensed or certified, within the meaning of the Substance Use Disorder Patient Protection Act.

Digest Key

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

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) The opioid epidemic is a nationwide scourge that claimed approximately 1,925 lives in California in 2016, and drug and opioid overdoses are currently in the top 20 causes of death statewide.

(b) The need for quality recovery services has grown, driven by the opioid crisis and changes in federal law that requires insurance coverage of substance use disorders. Yet, only one in five people who need treatment for opioid use disorders currently receives treatment, according to the United States Surgeon General.

(c) Desperation is fueling a surge in patient brokering or patient trafficking, where unscrupulous services refer people with substance use disorders to programs that are inappropriate for their needs in order to gain access to insurance payments.

(d) California disfavors patient referrals by physicians and other specified health care providers for medical services or goods at facilities in which the physician or health care provider has a “financial interest.”

(e) However, patient referral by nonmedical personnel is largely undefined and unregulated, and standards of quality are inconsistent across the substance use disorder continuum of care.

(f) California has an interest in ending patient brokering and trafficking and increasing the availability of quality recovery services to encourage recovery and stability for all patients.

SEC. 2.

 Part 4 (commencing with Section 11977) is added to Division 10.5 of the Health and Safety Code, to read:

PART 4. Substance Use Disorder Patient Protection Act

11977.

 This part shall be known, and may be cited, as the Substance Use Disorder Patient Protection Act.

11977.5.

 The following definitions shall apply to this part:

(a) “Certified” or “certify” means verified by an approved organization as providing specified services in accordance with Section 11977.15.

(b) “Department” means the State Department of Health Care Services.

(c) “Licensee” means an alcoholism or drug abuse recovery or treatment facility licensed pursuant to this division.

(d) “Patient brokering” means, directly or indirectly through the use of another person, entity, or technology, referring or recommending a patient or other individual to a provider of substance use disorder continuum of care in exchange, or anticipation of an exchange, for any economic benefit, including, but not limited to, a rebate, refund, commission, preference, patronage dividend, discount, or other item of value.

(e) “Substance use disorder continuum of care” means strategies and services designed to promote behavioral health, prevent alcohol and substance use disorders, treat alcohol and substance use disorders, and support recovery.

11977.10.

 A licensee or an employee of a licensee shall not do any of the following:

(a) Refer a patient to a facility, residence, or dwelling that is not either a licensee or certified.

(b) Engage in patient brokering.

11977.15.

 (a) The department shall establish a program to approve organizations that certify facilities, residences, or dwellings which provide substance use disorder continuum of care, are not licensees, and meet the requirements of subdivision (b). This part does not require a facility, residence, or dwelling that provides substance use disorder continuum of care to be certified.

(b) A facility, residence, or dwelling that provides substance use disorder continuum of care and is not a licensee shall only be certified pursuant to this section if it provides all of the following:

(1) Emergency response plan for patients.

(2) Nondiscrimination policy based on race, ethnicity, language, religion, gender, gender identity, sexual orientation, and any other state-recognized protected category.

(3) Staff cultural competence.

(4) Access to overdose prevention measures available without a prescription.

(5) Accounting system that documents individual resident financial transactions.

(6) Prohibition on work as a precondition for residence and requirements that any work performed be subject to a paid work agreement.

(7) Resident code of conduct.

(8) Reporting of patient deaths to the certifying organization.

(9) Transparent policies and consumer protections, including policies and procedures for disclosing financial obligations, such as forfeiture of any deposits and fees resulting from a premature departure, and a written contract specifically describing services to be provided.

(10) Ban on patient brokering.

(11) Regular inspections by the certifying organization.

(12) Any other requirements the department deems necessary for the best interests of individuals needing a substance use disorder continuum of care.

11977.20.

 This part shall not be construed to limit the ability of the Attorney General or any other law enforcement officer to bring a civil or criminal action against any entity or individual that is a licensee or certified.

SEC. 3.

 Section 1170.06 of the Penal Code is amended to read:

1170.06.

 (a) Notwithstanding any other law, a sheriff or a county director of corrections is authorized to offer a program under which inmates as specified in subdivision (c), who are not precluded by subdivision (d), and who have been committed to a county jail may be allowed to participate in a voluntary alternative custody program as defined in subdivision (b) in lieu of their confinement in a county jail. Under this program, one day of participation is in lieu of one day of incarceration in a county jail. Participants in the program shall receive any sentence reduction credits that they would have received had they served their sentence in a county jail, and are subject to denial and loss of credit pursuant to subdivision (d) of Section 4019. The sheriff or the county director of corrections may enter into contracts with county agencies, not-for-profit organizations, for-profit organizations, and others in order to promote alternative custody placements.

(b) (1) As used in this section, an alternative custody program shall include, but is not limited to, the following:

(A) Confinement to a residential home during the hours designated by the sheriff or the county director of corrections.

(B) Confinement to a residential drug or treatment program during the hours designated by the county sheriff or the county director of corrections.

(C) Confinement to a transitional care facility that offers appropriate services.

(D) Confinement to a mental health clinic or hospital that offers appropriate mental health services.

(2) (A) If Commencing July 1, 2019, if an alternative custody program provides substance use disorder continuum of care, the provider of the program shall either be a licensee or certified.

(B) For purposes of this paragraph, the terms “substance use disorder continuum of care,” “licensee,” and “certified” shall have the same meanings as those terms are defined in Section 11977.5 of the Health and Safety Code.

(c) Except as provided by subdivision (d), inmates sentenced to a county jail for a determinate term of imprisonment pursuant to a misdemeanor or a felony pursuant to subdivision (h) of Section 1170, and only those persons, are eligible to participate in the alternative custody program authorized by this section.

(d) An inmate committed to a county jail who meets any of the following criteria is not eligible to participate in the alternative custody program:

(1) The person was screened by the sheriff or the county director of corrections using a validated risk assessment tool and determined to pose a high risk to commit a violent offense.

(2) The person has a history, within the last 10 years, of escape from a facility while under juvenile or adult custody, including, but not limited to, any detention facility, camp, jail, or state prison facility.

(3) The person has a current or prior conviction for an offense that requires the person to register as a sex offender as provided in Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.

(e) An alternative custody program may include the use of electronic monitoring, global positioning system devices, or other supervising devices for the purpose of helping to verify a participant’s compliance with the rules and regulations of the program. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant, in which case the recording of the conversation is to be used solely for the purposes of voice identification.

(f) (1) In order to implement alternative custody for the population specified in subdivision (c), the sheriff or the county director of corrections shall create, and the participant shall agree to, and fully participate in, an individualized treatment and rehabilitation plan. When available and appropriate for the individualized treatment and rehabilitation plan, the sheriff or the county director of corrections shall prioritize the use of evidence-based programs and services that will aid in the participant’s successful reentry into society while he or she takes part in alternative custody. Case management services shall be provided to support rehabilitation and to track the progress and individualized treatment plan compliance of the inmate.

(2) For purposes of this section, “evidence-based practices” means supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or postrelease community supervision.

(g) The sheriff or the county director of corrections shall prescribe reasonable rules to govern the operation of the alternative custody program. Each participant shall be informed in writing that he or she is required to comply with the rules of the program, including, but not limited to, the following rules:

(1) The participant shall remain within the interior premises of his or her residence during the hours designated by the sheriff or his or her designee or the county director of corrections or his or her designee.

(2) The participant shall be subject to search and seizure by a peace officer at any time of the day or night, with or without cause. In addition, the participant shall admit any peace officer designated by the sheriff or his or her designee or the county director of corrections or his or her designee into the participant’s residence at any time for purposes of verifying the participant’s compliance with the conditions of his or her detention. Prior to participation in the alternative custody program, each participant shall agree in writing to these terms and conditions.

(3) The sheriff or his or her designee, or the county director of corrections or his or her designee, may immediately retake the participant into custody to serve the balance of his or her sentence if an electronic monitoring or supervising device is unable for any reason to properly perform its function at the designated place of detention, if the participant fails to remain within the place of detention as stipulated in the agreement, or if the participant for any other reason no longer meets the criteria under this section.

(h) Whenever a peace officer supervising a participant has reasonable suspicion to believe that the participant is not complying with the rules or conditions of the program, or that a required electronic monitoring device is unable to function properly in the designated place of confinement, the peace officer may, under general or specific authorization of the sheriff or his or her designee, or the county director of corrections or his or her designee, and without a warrant of arrest, retake the participant into custody to complete the remainder of the original sentence.

(i) This section shall not be construed to require a sheriff or his or her designee, or a county director of corrections or his or her designee, to allow an inmate to participate in this program if it appears from the record that the inmate has not satisfactorily complied with reasonable rules and regulations while in custody. An inmate shall be eligible for participation in an alternative custody program only if the sheriff or his or her designee or the county director of corrections or his or her designee concludes that the inmate meets the criteria for program participation established under this section and that the inmate’s participation is consistent with any reasonable rules prescribed by the sheriff or the county director of corrections.

(1) The rules and administrative policies of the program shall be written and shall be given or made available to each participant upon assignment to the alternative custody program.

(2) The sheriff or his or her designee or the county director of corrections or his or her designee shall have the sole discretion concerning whether to permit program participation as an alternative to custody in a county jail. A risk and needs assessment shall be completed on each inmate to assist in the determination of eligibility for participation and the type of alternative custody.

(j) (1) The sheriff or his or her designee or the county director of corrections or his or her designee shall permit program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, participate in life skills or parenting training, utilize substance abuse treatment services, or seek medical, mental health, and dental assistance based upon the participant’s individualized treatment and release plan. Participation in other rehabilitative services and programs may be approved by the case manager if it is specified as a requirement of the inmate’s individualized treatment and rehabilitative case plan.

(2) Willful failure of the program participant to return to the place of detention prior to the expiration of any period of time during which he or she is authorized to be away from the place of detention, unauthorized departures from the place of detention, or tampering with or disabling, or attempting to tamper with or disable, an electronic monitoring device is punishable pursuant to Section 4532 and shall additionally subject the participant to a return to custody pursuant to subdivisions (g) and (h). In addition, participants may be subject to forfeiture of credits pursuant to the provisions of Section 4019, or to discipline for violation of rules established by the sheriff or the county director of corrections.

(k) (1) Notwithstanding any other law, the sheriff or his or her designee or the county director of corrections or his or her designee shall provide the information specified in paragraph (2) regarding participants in an alternative custody program to the law enforcement agencies of the jurisdiction in which persons participating in an alternative custody program reside.

(2) The information required by paragraph (1) shall consist of the following:

(A) The participant’s name, address, and date of birth.

(B) The offense committed by the participant.

(C) The period of time the participant will be subject to an alternative custody program.

(3) The information received by a law enforcement agency pursuant to this subdivision may be used for the purpose of monitoring the impact of an alternative custody program on the community.

(l) It is the intent of the Legislature that the alternative custody programs established under this section maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the sheriff or the county director of corrections may administer an alternative custody program pursuant to written contracts with appropriate public agencies or entities to provide specified program services. No public agency or entity entering into a contract may itself employ any person who is in an alternative custody program. The sheriff or the county director of corrections shall determine the recidivism rate of each participant in an alternative custody program.

(m) An inmate participating in this program shall voluntarily agree to all of the provisions of the program in writing, including that he or she may be returned to confinement at any time with or without cause, and shall not be charged fees or costs for the program.

(n) If a phrase, clause, sentence, or provision of this section or application thereof to a person or circumstance is held invalid, that invalidity shall not affect any other phrase, clause, sentence, or provision or application of this section, which can be given effect without the invalid phrase, clause, sentence, or provision or application and to this end the provisions of this section are declared to be severable.