Bill Text: CA SB913 | 2023-2024 | Regular Session | Amended
Bill Title: Substance use disorder treatment: facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-05-16 - May 16 hearing: Held in committee and under submission. [SB913 Detail]
Download: California-2023-SB913-Amended.html
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Amended
IN
Senate
April 25, 2024 |
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Amended
IN
Senate
April 15, 2024 |
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Amended
IN
Senate
March 18, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 913
| Introduced by Senator Umberg |
January 08, 2024 |
An act to amend Sections 11831.65 and 11834.01 of the Health and Safety Code, relating to substance use disorder treatment.
LEGISLATIVE COUNSEL'S DIGEST
SB 913, as amended, Umberg.
Substance use disorder treatment: facilities.
Existing law requires laboratories or certified outpatient treatment programs that lease, manage, or own housing that is offered to individuals using the laboratory or outpatient treatment services to maintain separate housing contracts stating that payment for the housing is the patient’s responsibility and does not depend on insurance benefits. Existing law requires alcoholism or drug abuse recovery or treatment facilities to only offer discounted postdischarge housing and specified transportation services under certain conditions, including that the patient enters into a repayment plan for any subsidized rent.
This bill would authorize a city attorney of a city in which the housing units are located or the district attorney of a county
a county counsel or a county behavioral health agency if the housing units are located in the unincorporated area of the county, with the consent of the State Department of Health Care Services, to enforce the above provisions.
Existing law grants the sole authority in state government to the State Department of Health Care Services to license adult alcoholism or drug abuse recovery or treatment facilities, and authorizes the department to conduct site visits to licensed facilities for the purpose of determining compliance with applicable statutes and regulations.
This bill would additionally authorize a city, or a county if a facility is located within the unincorporated area of the county, with the approval of the department, to conduct site visits, and would require the department to develop a process that allows a city or county to request approval from the department for the city or
county to conduct a site visit, or to request that the department conduct a site visit, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11831.65 of the Health and Safety Code is amended to read:11831.65.
(a) A laboratory or certified outpatient treatment program that leases, manages, or owns housing units that are offered to individuals who concurrently utilize laboratory or outpatient services shall maintain separate contracts for the housing. The contract shall clearly state that payment for housing is the responsibility of the individual and does not depend on insurance benefits. The contract shall include a repayment plan for any subsidized rent, and the laboratory or certified outpatient treatment program shall make a good faith effort to collect the debt. The offer for housing shall not depend on the individual’s agreement to receive services from either the laboratory or the certified outpatient treatment program.(b) An alcoholism or drug abuse recovery or treatment facility licensed under this part shall only offer an individual discounted housing following discharge from the facility if all of the following conditions are met:
(1) The alcoholism or drug abuse recovery or treatment facility and the individual enter into a written contract for housing that is separate from the contract for treatment, if the individual also pursues outpatient treatment.
(2) The contract described in paragraph (1) includes a repayment plan for any subsidized rent, and the alcoholism or drug abuse recovery or treatment facility makes a good faith effort to collect the debt.
(3) The offer for housing is not dependent upon the individual’s agreement to attend outpatient treatment at a program that is owned or operated by the alcoholism or drug abuse recovery or treatment facility.
(c) An alcoholism or drug abuse recovery or treatment facility licensed under this part shall only offer transportation services to an individual who is seeking recovery or treatment services if all of the following conditions are met:
(1) Any ground transportation provided to an individual who is seeking recovery or treatment services is for a distance of less than 125 miles.
(2) Any air transportation provided to an individual who is seeking recovery or treatment services includes a return ticket that may
be used by the individual upon discharge.
(3) A return ticket not used by an individual upon discharge is made available to the individual upon request for a period of one year following the individual’s discharge.
(d) This section does not prohibit a person, program, or entity from providing an individual educational or informational materials about community resources, including, but not limited to, housing assistance.
(e) (1) The provisions of this section may be enforced, with the consent of the department, by the city attorney of a city in which the housing units are located or by the district attorney
county counsel or the county behavioral health agency if the housing units are located in the unincorporated area of the county.
(2) This subdivision does not supersede the department’s authority to enforce this section.
SEC. 2.
Section 11834.01 of the Health and Safety Code is amended to read:11834.01.
The department has the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities, consistent with all of the following:(a) In administering this chapter, the department shall issue new licenses for a period of two years to those programs that meet the criteria for licensure set forth in Section 11834.03.
(b) Onsite program visits for compliance shall be conducted at least once during the license period.
(c) The department may conduct announced or unannounced site visits to facilities licensed
pursuant to this chapter for the purpose of reviewing for compliance with all applicable statutes and regulations.
(d) (1) The department shall adopt a process that allows a city or county to request approval from the department to conduct a site visit as described in subdivision (c).
(2) A city, or a county if the facility is located within the unincorporated area of the county, may request permission from the department to conduct a site visit pursuant to the process described in paragraph (1) and, upon the approval of the department, may conduct an announced or unannounced site visit as described in subdivision (c).
(3) The request described in paragraph (2) shall include reasonable grounds
that the facility is not in compliance with this chapter.
(4) This subdivision does not supersede the department’s authority pursuant to this section.
