Bill Text: TX HB299 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to the creation of a voluntary accreditation for recovery housing; authorizing fees.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2023-06-18 - See remarks for effective date [HB299 Detail]

Download: Texas-2023-HB299-Enrolled.html

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H.B. No. 299

AN ACT
relating to the creation of a voluntary accreditation for recovery
housing; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 6, Health and Safety Code, is
amended by adding Chapter 469 to read as follows:
CHAPTER 469. VOLUNTARY ACCREDITATION OF RECOVERY HOUSING
Sec. 469.001. DEFINITIONS. In this chapter:
(1) "Accrediting organization" means a nonprofit
organization the commission approves under Section 469.002 that
develops and administers recovery housing accreditation programs.
(2) "Commission" means the Health and Human Services
Commission.
(3) "Recovery house" means a shared living environment
that:
(A) promotes sustained recovery from substance
use disorders by integrating residents into the surrounding
community and providing a setting that connects residents to
supports and services promoting sustained recovery from substance
use disorders;
(B) is centered on peer support; and
(C) is free from alcohol and drug use.
(4) "State health care regulatory agency" has the
meaning assigned by Section 161.131.
Sec. 469.002. VOLUNTARY ACCREDITATION OF RECOVERY HOUSING.
(a) The commission shall adopt minimum standards for accreditation
as a recovery house that are consistent with the quality standards
established by the National Alliance for Recovery Residences and
the Oxford House Incorporated. The standards must prohibit an
accredited recovery house from providing personal care services, as
defined by Section 247.002.
(b) The commission may approve only the National Alliance
for Recovery Residences or the Oxford House Incorporated to serve
as an accrediting organization in the development and
administration of a voluntary accreditation program for recovery
housing in accordance with this chapter.
(c) An accrediting organization the commission approves
under this section must:
(1) establish recovery house accreditation
requirements that at a minimum include the accreditation standards
the commission adopts;
(2) establish procedures to:
(A) administer the issuance of recovery house
accreditation under this chapter, including application,
accreditation, reaccreditation, and disciplinary procedures; and
(B) assess application accreditation and
reaccreditation fees;
(3) provide training to recovery house responsible
parties designated under Section 469.004 and staff concerning the
accreditation standards the commission adopts;
(4) develop a code of ethics; and
(5) provide information to the commission for the
commission to compile the annual report required under Section
469.005.
Sec. 469.003. PLACES INELIGIBLE FOR ACCREDITATION AS
RECOVERY HOUSE. The following places are ineligible for
accreditation as a recovery house:
(1) a home and community support services agency
licensed under Chapter 142;
(2) a nursing facility licensed under Chapter 242;
(3) a continuing care facility regulated under Chapter
246;
(4) an assisted living facility licensed under Chapter
247;
(5) an intermediate care facility for individuals with
an intellectual disability licensed under Chapter 252;
(6) a boarding home facility as defined by Section
260.001;
(7) a chemical dependency treatment facility licensed
under Subchapter A, Chapter 464;
(8) a child-care facility licensed under Chapter 42,
Human Resources Code;
(9) a family violence shelter center as defined by
Section 51.002, Human Resources Code;
(10) an entity qualified as a community home under
Chapter 123, Human Resources Code; and
(11) a hotel, as defined by Section 156.001, Tax Code.
Sec. 469.004. REQUIRED DESIGNATION OF RECOVERY HOUSE
RESPONSIBLE PARTY BY CERTAIN RECOVERY HOUSES. (a) This section
does not apply to a recovery house accredited by Oxford House
Incorporated.
(b) The standards the commission adopts must require at
least one individual to be designated to serve as the responsible
party of an accredited recovery house.
(c) A designated individual:
(1) must satisfactorily complete training the
accrediting organization provides concerning the commission's
accreditation standards and the organization's accreditation
requirements; and
(2) is responsible for administering the recovery
house in accordance with the accreditation standards and
requirements.
(d) An accredited recovery house required to designate a
responsible party under this section must notify the accrediting
organization that issued the recovery house's accreditation before
the 30th business day after the date of any change to the designated
responsible party.
Sec. 469.005. ANNUAL REPORT. The commission shall prepare
an annual report that includes information on:
(1) the total number of accredited recovery houses;
(2) the number of recovery houses accredited during
the preceding year;
(3) any issues concerning the accreditation or
reaccreditation process;
(4) the number of accredited recovery houses that had
an accreditation revoked during the preceding year; and
(5) the reasons for the revocation.
Sec. 469.006. SOLICITING. A recovery house responsible
party designated under Section 469.004 or a recovery house's
employee or agent may not offer to pay or agree to accept, directly
or indirectly, overtly or covertly, remuneration in cash or in kind
to or from another for securing or soliciting a patient or patronage
for or from a person licensed, certified, or registered by a state
health care regulatory agency.
Sec. 469.007. CERTAIN ADVERTISING PROHIBITED. (a) A
recovery house may not advertise or otherwise communicate that the
recovery house is accredited by an accrediting organization unless
the recovery house is accredited by an accrediting organization in
accordance with this chapter.
(b) A recovery house may not advertise or cause to be
advertised in any manner any false, misleading, or deceptive
information about the recovery house.
Sec. 469.008. ENFORCEMENT. If an accredited recovery house
violates this chapter, the accrediting organization that issued the
accreditation to the recovery house may suspend the accreditation
for a period not to exceed six months while the accrediting
organization conducts an audit of the recovery house. After the
audit is complete, the accrediting organization may implement a
corrective action plan or revoke the accreditation.
Sec. 469.009. FUNDING. A recovery house that is not
accredited by an accrediting organization in accordance with this
chapter is ineligible for and may not receive state money.
SECTION 2. (a) Except as otherwise provided by this
section, this Act takes effect September 1, 2023.
(b) Section 469.009, Health and Safety Code, as added by
this Act, takes effect September 1, 2025.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 299 was passed by the House on April
26, 2023, by the following vote: Yeas 138, Nays 7, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 299 was passed by the Senate on May
23, 2023, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor