Bill Text: TX HB544 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to creating a voluntary certification for recovery housing.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-05-17 - Referred to Health & Human Services [HB544 Detail]
Download: Texas-2021-HB544-Engrossed.html
| 87R16903 EAS-F | ||
| By: Minjarez, Murr | H.B. No. 544 | |
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| relating to creating a voluntary certification for recovery | ||
| housing. | ||
| 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 RECOVERY HOUSING | ||
| Sec. 469.0101. DEFINITIONS. In this chapter: | ||
| (1) "Commission" means the Health and Human Services | ||
| Commission. | ||
| (2) "Credentialing organization" means an | ||
| organization approved by the commission that affirms that a | ||
| recovery house satisfies the criteria to become a certified | ||
| recovery house. | ||
| (3) "Recovery house" means a shared living environment | ||
| that 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, is | ||
| centered on peer support, and is free from alcohol and drug use. | ||
| (4) "State health care regulatory agency" has the | ||
| meaning assigned by Section 161.131. | ||
| Sec. 469.0102. VOLUNTARY CERTIFICATION OF RECOVERY | ||
| HOUSING. (a) The commission shall adopt minimum standards for | ||
| certification as a recovery house that are consistent with the | ||
| quality standards from the National Alliance for Recovery | ||
| Residences. The commission shall authorize one or more | ||
| credentialing organizations each to develop and administer a | ||
| voluntary certification program for recovery housing. A | ||
| credentialing organization shall: | ||
| (1) establish recovery house certification | ||
| requirements that include, at minimum, the certification standards | ||
| adopted by the commission; | ||
| (2) establish procedures to: | ||
| (A) administer the issuance of recovery house | ||
| certification under this chapter, including application, | ||
| certification, recertification, and disciplinary procedures; | ||
| (B) assess application, inspection, and | ||
| recertification fees; and | ||
| (C) monitor and inspect a recovery house and | ||
| staff to ensure compliance with certification requirements | ||
| established by the organization; | ||
| (3) provide training to recovery house administrators | ||
| and staff concerning the certification standards adopted by the | ||
| commission; | ||
| (4) develop a code of ethics; and | ||
| (5) provide information to the commission for the | ||
| commission to compile the annual report required under Section | ||
| 469.0105. | ||
| (b) The following places are not eligible for certification | ||
| as a recovery house: | ||
| (1) a chemical dependency treatment facility licensed | ||
| under Subchapter A, Chapter 464; | ||
| (2) a boarding home facility as defined by Section | ||
| 260.001; | ||
| (3) a convalescent or nursing facility licensed under | ||
| Chapter 242; | ||
| (4) a continuing care facility regulated under Chapter | ||
| 246; | ||
| (5) an assisted living facility as defined by Section | ||
| 247.002; | ||
| (6) a home and community support services agency | ||
| licensed under Chapter 142; | ||
| (7) an intermediate care facility for individuals with | ||
| an intellectual disability licensed under Chapter 252; | ||
| (8) an entity qualified as a community home under | ||
| Chapter 123, Human Resources Code; | ||
| (9) a family violence shelter center as defined by | ||
| Section 51.002, Human Resources Code; | ||
| (10) a child-care facility as defined by Section | ||
| 42.002, Human Resources Code; and | ||
| (11) a hotel as defined by Section 156.001, Tax Code. | ||
| (c) The commission's standards must prohibit a certified | ||
| recovery house from providing personal care services as defined by | ||
| Section 247.002. | ||
| Sec. 469.0103. RECOVERY HOUSE ADMINISTRATOR. (a) The | ||
| standards adopted by the commission must require that a certified | ||
| recovery house be managed by a recovery house administrator who has | ||
| satisfactorily completed training provided by the credentialing | ||
| organization concerning the commission's certification standards | ||
| and the organization's certification requirements. | ||
| (b) Each application for certification as a recovery house | ||
| under this chapter must include the recovery house administrator's | ||
| name. | ||
| Sec. 469.0104. ABSENCE OF HOUSE ADMINISTRATOR. (a) A | ||
| certified recovery house must notify the credentialing | ||
| organization that issued its certification before the fourth | ||
| business day after the recovery house administrator resigns, is | ||
| terminated, or leaves the position for any other reason. | ||
| (b) A credentialing organization may revoke the recovery | ||
| house certification of a recovery house that is not managed by a | ||
| trained recovery house administrator for a period that exceeds 30 | ||
| days. | ||
| Sec. 469.0105. ANNUAL REPORT. The commission shall | ||
| prepare an annual report including information on: | ||
| (1) the total number of certified recovery houses; | ||
| (2) the number of recovery houses certified in the | ||
| last year; | ||
| (3) any issues concerning the certification or | ||
| recertification process; | ||
| (4) the number of certified recovery houses that had a | ||
| certification revoked within the last year; and | ||
| (5) the reasons for the revocation of a recovery | ||
| house's certification. | ||
| Sec. 469.0106. SOLICITING. A recovery house administrator | ||
| 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. 469.0107. CERTAIN ADVERTISING PROHIBITED. (a) A | ||
| recovery house may not advertise or otherwise communicate that the | ||
| recovery house is certified by a credentialing organization unless | ||
| the recovery house is certified by a credentialing organization. | ||
| (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. 469.0108. ENFORCEMENT. If a certified recovery house | ||
| violates this chapter, the credentialing organization that issued | ||
| the certification to the recovery house may suspend the | ||
| certification for a period of six months while the credentialing | ||
| organization conducts an audit of the recovery house. After the | ||
| audit is complete, the credentialing organization may implement a | ||
| corrective action plan or revoke the license. | ||
| Sec. 469.0109. DISCRIMINATION. A municipality or county | ||
| may not adopt or enforce an ordinance, order, or other regulation | ||
| that prevents a recovery house from operating in a residential | ||
| community. | ||
| Sec. 469.0110. FUNDING. A recovery house that is not | ||
| certified under this chapter may not receive state money. | ||
| Sec. 469.0111. REFERRAL LIMITATION. The following entities | ||
| may not refer an individual to a recovery house that is not | ||
| certified: | ||
| (1) a state agency, as defined by Section 2054.003, | ||
| Government Code; | ||
| (2) an organization receiving money from this state; | ||
| (3) a facility licensed under Subtitle B, Title 4; | ||
| (4) a chemical dependency treatment facility licensed | ||
| under Subchapter A, Chapter 464; and | ||
| (5) a health care professional licensed under Title 3, | ||
| Occupations Code. | ||
| SECTION 2. (a) Except as otherwise provided by this | ||
| section, this Act takes effect September 1, 2021. | ||
| (b) Sections 469.0110 and 469.0111, Health and Safety Code, | ||
| as added by this Act, take effect September 1, 2023. | ||
