All Relevant Legislation
2017
SB34 Bates
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB34
Senator Bates’ bill ensure that Residential Recovery Facilities are identified as providing recovery services, like urine testing, which would result in their requiring a license. It also extends control to city attorneys to enforce violations of the State Health Code. It defines “over concentration” that impairs the integrity of neighborhoods and allows for a separation of 300 feet between facilities. We would argue for a separation of “every 800 feet or 1 in every 20 houses,” and we have provided analysis to the Senator that shows this will more than meet State need. Modifying this bill for a greater distance helps to maintain the character of the neighborhood, which is of benefit to the disabled desiring to live there. It also leaves room for other forms of Congregate Care in the same neighborhood.
SB786 Mendoza - Democrat, Artesia
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB786
Another anti-concentration bill. This is a VERY simple and VERY important bill. We would like to see the bill changed from “every 300 feet” to “every 800 feet OR 1 in every 20 houses,” and we have provided analysis to the Assemblyman that shows this will more than meet State need. Modifying this bill for a greater distance helps to maintain the state of the neighborhood, which is of benefit to the disabled desiring to live there. It also leaves room for other forms of Congregate Care in the same neighborhood.
State Senator Allen has cosigned this bill.
SB636 Bradford - Democrat, Compton
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB636
An anti-advertising and anti-brokering bill, that makes patient brokering a misdemeanor with a $2500 maximum fine. $2500 is what some residences charge per patient per day. That being said, if we could get it bumped to a felony, we could definitely eliminate crime in residential recovery. Our proposal would be a $50k fine and felony. This bill was actually sponsored by an SUD Counselor-Certifying consortium called CCAPP.
AB700 Jones-Sawyer - Democrat, Malibu/Santa Monica area
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB700
The Assemblyman has proposed a bill that would require deeper regulation of SUD counseling. Recovering addicts and the State (and victims of shoddy counseling) have been desperately waiting for improvements to the counseling regulations for four years, since “Suspect Treatment: State’s lack of scrutiny allows unscreened sex offenders and unethical counselors to treat addicts” was published.
AB285 Melendez - Republican
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB285
This bill is a little hard to support. The concept is right: can’t call yourself a “Sober Living Environment” unless you’ve been certified, but the certification agency isn’t the state, which makes it likely to amount to a rubber stamp by industry on itself. This may also confuse “Sober Living Homes,” in which people live collegially as they transition back into society, with Residential Recovery Facilities, where people are supervised 24 x 7.
AB572 Quirk-Silva- Democrat (LA area)
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB572
Great idea, but is a pilot program to provide only ONE investigator to investigate bad industry practices throughout ALL Orange County.
AB1512 McCarty - Democrat, Sacramento
This one is strange. It currently reads as though it is a bill about a tax on “Motor Vehicle Fuel,” but his publicity from early in March says it is going to be a bill taxing prescription drugs to create some kind of a slush fund for paying for rehab.
https://a07.asmdc.org/press-releases/assemblymember-kevin-mccarty-announces-legislation-tackle-california’s-opioid
We’re not strongly in favor of throwing more money at the epidemic, unless it’s for longer treatment, but we wonder if he could be persuaded to throw the money at improved regulation and inspections.
2018
AB 572 - Quirk-Silva, originally introduced in 2017
Will be heard next in the Assembly Health Committee on: N/A
Until 12/19, DHCS assigns a single investigator to the City of Costa Mesa in a year-long pilot program, and Costa Mesa pays for it with results reported back to the legislature. Orange County has 44% of the licensed recovery residences in the state, and likely a similar percentage of unlicensed houses. Costa Mesa has the densest concentration of such houses in Orange County and is second in the state. San Juan Capistrano, Dana Point and San Clemente are third, fourth and fifth.
AB 1136 - Eggman, originally introduced in 2017.
Will be heard next in the Assembly Health Committee on: N/A
This bill requires the Dept. of Health to solicit a grant from the federal “21st Century Cures Act” to collect, aggregate and display data about the number of beds and types of treatment available in what appears to be licensed facilities, including those for mental health.
—> bill will not cover hundreds to thousands of beds currently in unlicensed housing operated by businesses that are providing addiction treatment to residents.
AB 2200 - Patterson
Will be heard next in the Assembly Health Committee on: N/A
Requires a criminal record review of "a person who has responsibility for residents or frequent or routine contact with residents of an alcoholism or drug abuse recovery facility”
—> Emphasis on “residents” opens a loophole for those who deserve the same protections in a Treatment Program who live in unlicensed residences. Should also reference: "or those in an active treatment program”
AB 2214 - Melendez/Rodriguez, Acosta/Gallagher, Gray, Lackey, Nazarian, Bates
Will be heard next in the Assembly Appropriations Committee on"
This is a bad bill. In exchange for voluntary certification, a house will be immune to oversight from cities or the state and will be referred clients from the penal system FIRST, ahead of more effective, more affordable housing with oversight of the probation system. Brought to you by the California Consortium of Addiction Programs and Professionals.
AB 3055 - Harper
Still a spot bill
AB 3162 - Friedman, Allen and Stern
Will be heard next in the Assembly Health Committee on: N/A
This bill would allow the State to deny an application for a site within 300 feet of another licensed facility. It assesses higher penalties for violations. It creates a one year provisional period in licensing, and if licensing provisions were broken, the person could not reapply for licensure for 2 years. It requires that the state inspect unlicensed houses alleged to be providing licensed services and shut them down if they are operating without a license.
SB 902 - Bates
Will be heard next in the Senate Health Committee on: N/A
Would require a criminal background check for anyone applying for a license or employed in a business. Those with previous convictions in the last five years for possession of drugs for sale, sales and transportation of controlled substances, and sale of fake drugs, MediCal frauds
—> does not address current drug use by owners/staff, does not address owners/staff with a history of predatory or violent crimes
SB 1228 - Lara, Substance Use Disorder Patient Protection Act
Sen. Lara is running for State Insurance Commissioner
Will be heard next in the Senate Health Committee on: N/A
This bill claims it would make patient-brokering a crime, but then is unclear what the penalties would be. This bill would require that those in the penal system be routed strictly to facilities or residences that are licensed or certified. It creates a list of procedures that would need to be followed to be certified and proposes that DHCS will approve of third-party certification entities.
—> third party certification is okay for Cooperative Sober Homes but inappropriate for Recovery Care Residences operated by businesses
SB 1268 - Bradford
Will be heard next in the Senate Health Committee on: N/A
Makes patient brokering in addiction treatment programs punishable by a $2500 fine and a misdemeanor
—> We would prefer to see this be a felony.
SB 1290 - Bates
Will be heard next in the Senate Health Committee on: N/A
Makes patient brokering a crime but does not indicate penalties. Would form a Commission on Substance Abuse and Recovery to address "appropriate care and consideration of local effects,” which would identify issues such as overconcentration.
—> Needs clear penalties
SB 1317 - Portantino
Will be heard next in the Senate Health Committee on: N/A
An anti-overcrowding bill. Changes the State Health Code to require a state licensed residence notify the city that it is opening, and show how it will address the impacts on parking and sewage. It would restrict the residence to one full bathroom for every two residents, and no more than two residents in any bedroom.
—> Only addresses licensed facilities.
2019 - Something happened to this bill.
Quirk-Silva - AB 136 Declined to write letter
(In Health Committee- Unscheduled)
For the year 2021, would establish a pilot Office of Ombudsperson to collaborate with counties on investigations of treatment centers, licensed and unlicensed houses. This bill feels like a bare minimum ask, but we have to give Quirk-Silva credit for trying to get additional resources when state officials in Sacramento seem to be fighting her tooth and nail.
Arambula - AB 389 Declined to write letter
(In Health - To be heard 4/2)
"This bill would require the department to either establish a pilot program...for purposes of measuring the efficacy and cost avoidance of utilizing trained substance use disorder peer navigators and behavioral health peer navigators in the emergency department of an acute care hospital.” Providing a handful of hours of training does not make people professional counselors. Similar to SB 10.
Brough - AB 615 SUPPORT
(In Health - To be heard 4/2)
Makes brokering punishable by a fine of up to $10,000 and imprisonment in county jail for up to 16 months. Brokers can easily make $10,000 for just a single transaction. We’ve asked for an amendment. This is a step up from last year, but still pathetically far behind penalties in the state of Florida, which require a fine of $50,000 and a felony for a single act of patient brokering. We are being told that the Democratic “advisor” to the health committee believes a real-world fine is too high.
Patterson - AB 704 (Coauthor Bates) SUPPORT
Unanimously Passed Health
(In Appropriations)
This bill requires a person who has responsibility for residents of an alcoholism or drug abuse recovery or treatment facility to be subject to a criminal record review, as specified, and would exempt residents from this requirement. DHCS would approve or deny a person’s involvement in the provision of services based on the results of that review. Unfortunately, only covers licensed houses.
Melendez - AB 940 OPPOSE
(In Health 4/23)
Based on conversations with their office, this is another “certify-and-route-addicts-to-certified-houses” bill sponsored by the California Consortium of Addiction Programs and Professionals. Brought to you by the people who last year wanted to declare such houses a “residential use” of property, which would prevent cities from regulating them. It also includes a $50,000 penalty for body brokering, which again, the Democratic Committee head is refusing to accept.
Nazarian - AB 1031 (Quirk-Silva, Waldron)
Youth Substance Use Disorder Treatment and Recovery Program Act of 2019
(In Health 4/23)
Requires DHCS to establish standards for programs and residential and non-residential treatment programs for youth under 21. This bill sounds like it was written by industry, or behavioral health services people intent on getting a chunk of federal funding and limits the funding to be used for developing regulations, standards and procedures. It looks a lot like SB 445.
Salas - AB 1058 Declined to write letter
(in Health 4/23)
Establishes a pilot program in several counties to support the integration of specialty mental health services and substance use disorder treatment provided under the Medi-Cal program.
Chiu - AB 1557 Declined to write in
(In Health Committee- Unscheduled)
Eliminates halfway houses as place where the California Department of Corrections can establish rehab centers.
Daly - AB 1779 OPPOSE
(in Health 4/23)
ALSO defines “Recovery Residence” without addressing the commercial aspect of operating houses, a common industry ploy. Requires the state to adopt National Association of Recovery Residence standards before federal standards are set. Cities that can prove fraudulent activity at a house can complain to the state that a house doesn’t have certification, thereby lining the pockets of the certifying entity. Everyone, including the court system, must send people to certified houses ahead of uncertified houses, so that they can make more money from private insurance. Requires opioid overdose reversal medication in the house. Likely sponsored by Recovery Reform Now or CCAPP.
Beall - SB 10 (Waldron, Nielsen, Carrillo) OPPOSE
Unanimously passed the Health Committee
(In Appropriations)
Because there are no standards for peer providers and people are increasingly engaged in providing support and counseling, and there’s money to support certification, someone thought this bill was a good idea. This bill would require DHCS to contract with yet another third party to establish a peer, parent, transition-age, and family support specialist certification program—the state itself would likely not be doing the certification. It requires that the person have had a mental illness, substance use disorder or both and have a strong dedication to recovery, but does not require they be tested for ongoing drug abuse. This seems primarily to be a way of legitimizing informal advising and helping people get paid for it. It is possible that industry believes it can get insurance reimbursements for employing people with certificates.
Beall - SB 11 Declined to write letter
(Health Committee - 4/24)
This bill attempts to track health insurance companies’ compliance with various mental health services provisions. It would also dramatically reduce barriers to accessing prescription drugs for addiction treatment by not requiring any therapy in conjunction with the prescriptions. Because this bill is an obvious win for the pharmaceutical industry and appears to require no commitment on the part of the recovering addict, this would seem to be another way for addicts to get access to opioid-substitutes.
Wiener - SB 40 Declined to write letter
(Judiciary and Public Safety - 4/9)
Appears to affect only San Diego, Los Angeles and San Francisco counties. Within 180 days of the eighth detention in twelve months of an individual for evaluation and treatment, a petition can be submitted for conservatorship of an individual. The court may also establish a 30 day temporary conservatorship under certain conditions.
Hueso - SB 422 OPPOSE
(Government and Finance - Unscheduled)
Tax credits to businesses that provide job training to employees of rehabs.
Portantino - SB 445
(The Children, Adolescents, and Young Adults Substance Use Disorder Treatment Act.)
(Health Committee - Unscheduled)
An expert panel would be convened to advise DHCS on the development of youth substance use disorder (SUD) treatment quality standards, and DHCS would then adopt those standards. Counties would be required to designate an agency responsible for administering youth SUD services. All county programs providing youth SUD treatment services would have to be coordinated. By requiring additional duties of local governments, this bill would create a state-mandated local program. This would define “youth SUD treatment services” to include public funds for individuals through the age of 26 and restrict entities to those adopted by the department. We would want to be assured that the parent member of the expert panel not receive payments from industry.
Bates - 486 SUPPORT
(Health Committee - Unscheduled)
Referrals to a commercially operated Recovery Residence would be fined $50,000 for each violation.
Beall - SB 582 Declined to write letter
(Health Committee - 3/27, unclear what happened)
By allocating funds for the purpose of establishing partnerships between schools and local mental health plans, the entities involved would be able to leverage school and community resources in order to provide multitiered interventions...
Bates - SB 589 SUPPORT
(Health Committee - 4/3)
Prohibits false and misleading statements about products, goods, services or geographical locations in its marketing, advertising materials, or media or on its internet website. Missing prohibition against fake reviews. This is an important bill.
Hernandez - SB 992
Defines Recovery Residences.
2020
Brough - AB 224
All programs certified or licensed by the state must have a discharge plan that indicates where the recovering addict is going after that program, including to a family caregiver, another health care provider or travel arrangements to prior address.
Petrie-Norris - AB 2223
A placeholder bill.
Petrie-Norris - AB Pending
Requires licensing of all large business facilities providing addiction rehab.
Quirk-Silva - AB 2265 - Mental Health Services Act (Funding)
Oddly, seems to almost do what the previous bill does. Distributes funds from the Mental Health Services Act for assessment of co-occuring disorders and will fund rehab regardless. One of these might be a “placeholder” bill.
Wiener - SB 855 - OPPOSE without clarifications
“A healthcare service plan shall not limit benefits or coverage for chronic or pervasive mental health and substance use disorders to short-term or acute treatment.” The upside for recovering addicts is that they couldn’t be kicked off of insurance after a period of treatment, which often leads unscrupulous providers to give them drugs so that they can get their insurance stream. The downside is that no definition of “short-term” or limit of treatment is given, enabling an addict to basically stay in treatment forever, regardless of the success of the program.
Bates - SB 863 - Prohibition Against False Advertising (SUPPORT)
Prohibits false and misleading statements about products, goods, services or geographical locations in its marketing, advertising materials, or media or on its internet website. Missing a specific prohibition against fake reviews by associates fo the business. This is an important bill.
Hill - SB Pending
Requires licensing of all small business facilities providing addiction rehab.
Umberg - SB 1086 - California Ethical Treatment for Persons with Addiction Act (SUPPORT)
Enables DA’s to prosecute for violations. Creates Client Bill of Rights. Prohibitions against false marketing. Requires facilities track referrals. Prohibits kick-backs. Civil penalties of up to $20k.
Bates - SB 1144
Requires DHCS to refer substantiated claims against unlicensed Recovery Residences to other enforcement agencies.
Bates - SB 1172
Requires posting of licensing and certification information of treatment houses and programs on websites, which would allow clients to distinguish between licensed and unlicensed programs.
Bates - SB 1268
A placeholder bill.
2021
AB 77 - Jarrod’s Law (Petrie-Norris; Stern) SUPPORT
Unassigned?
Would require state begin mandatory licensing of Treatment Centers, (which should use evidence-based treatment), instead of current voluntary certification.
AB 381 (Davies, Petrie-Norris) SUPPORT
In Assembly Committees on Health and Judiciary
Requires state licensed treatment houses to carry 2 unexpired doses of naloxone and have at least one staff member trained to administer it. Legally absolves those administering it of liability.
AB 541 (Berman) SUPPORT
In Assembly Health.
Addicts recover more effectively from other drugs when they cease nicotine use. Requires certified and licensed treatment facilities must assess clietnts for cigarette use, recommend treatment for tobacco use, and offer treatment or a referral. They must also report data collected to DHCS.
AB 644 (Waldron) OPPOSE
To be heard in committee on March 15.
Instead of requiring those on parole participate in an institutional substance abuse program, requires them to participate in ANY post-release substance abuse program, to achieve a reduction in their parole. In other words, they can attend any shoddy, largely unenforced program, instead of one overseen by the government or a hospital.
AB 1098 (Daly)
A placeholder bill to address recovery residences.
AB 1158 (Petrie-Norris) SUPPORT
To her heard in committee on March 21.
Requires licensed treatment houses to carry commercial liability, automotive liability, workers’ compensation, employer’s liability, and professional errors an omissions insurance. Requires adverse events be reported not just to DHCS but to health insurance provider and the Department of Insurance. Requires that all houses follow standards set by the National Alliance of Recovery Residences, which seeks a monopoly voluntarily certifying houses in California.
AB 1225 (Waldron)
Spot Bill.
AB 1274 (Davies)
Unclear what this bill does at this time.
AB 1358 (Bonta) SUPPORT
Unassigned.
Spot Bill.
SB 349 (Umberg) SUPPORT
Joint Rule 55 Suspended?
Requires treatment provider provide a patient bill of rights. Requires treatment providers to maintain records fo referrals to/from a recovery residence. Prohibits false advertising. Clarifies definitons of kickbacks and brokering. Civil fine of up to $20,000 for violations.
SB 434 (Bates; Jones, Gallagher, Garcia, Lackey, Mathis, Patterson, Petrie-Norris) SUPPORT
In Health Committee on March 10.
Prohibits false and misleading statements about products, goods, services or geographical locations in its marketing, advertising materials, or media or on its internet website by drug abuse recovery or treatment facilities and psychiatric and mental health facilities. This is an important bill. We would like it to require penalties greater than $150/day, and call out fake online reviews in particular.
SB 541 (Bates, Wilk; Petrie-Norris) SUPPORT
Joint Rule 55 Suspended?
State licensed and certified facilities and programs are required to disclose license/certification numbers and dates or expiration, including on websites.
SB34 Bates
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB34
Senator Bates’ bill ensure that Residential Recovery Facilities are identified as providing recovery services, like urine testing, which would result in their requiring a license. It also extends control to city attorneys to enforce violations of the State Health Code. It defines “over concentration” that impairs the integrity of neighborhoods and allows for a separation of 300 feet between facilities. We would argue for a separation of “every 800 feet or 1 in every 20 houses,” and we have provided analysis to the Senator that shows this will more than meet State need. Modifying this bill for a greater distance helps to maintain the character of the neighborhood, which is of benefit to the disabled desiring to live there. It also leaves room for other forms of Congregate Care in the same neighborhood.
SB786 Mendoza - Democrat, Artesia
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB786
Another anti-concentration bill. This is a VERY simple and VERY important bill. We would like to see the bill changed from “every 300 feet” to “every 800 feet OR 1 in every 20 houses,” and we have provided analysis to the Assemblyman that shows this will more than meet State need. Modifying this bill for a greater distance helps to maintain the state of the neighborhood, which is of benefit to the disabled desiring to live there. It also leaves room for other forms of Congregate Care in the same neighborhood.
State Senator Allen has cosigned this bill.
SB636 Bradford - Democrat, Compton
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB636
An anti-advertising and anti-brokering bill, that makes patient brokering a misdemeanor with a $2500 maximum fine. $2500 is what some residences charge per patient per day. That being said, if we could get it bumped to a felony, we could definitely eliminate crime in residential recovery. Our proposal would be a $50k fine and felony. This bill was actually sponsored by an SUD Counselor-Certifying consortium called CCAPP.
AB700 Jones-Sawyer - Democrat, Malibu/Santa Monica area
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB700
The Assemblyman has proposed a bill that would require deeper regulation of SUD counseling. Recovering addicts and the State (and victims of shoddy counseling) have been desperately waiting for improvements to the counseling regulations for four years, since “Suspect Treatment: State’s lack of scrutiny allows unscreened sex offenders and unethical counselors to treat addicts” was published.
AB285 Melendez - Republican
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB285
This bill is a little hard to support. The concept is right: can’t call yourself a “Sober Living Environment” unless you’ve been certified, but the certification agency isn’t the state, which makes it likely to amount to a rubber stamp by industry on itself. This may also confuse “Sober Living Homes,” in which people live collegially as they transition back into society, with Residential Recovery Facilities, where people are supervised 24 x 7.
AB572 Quirk-Silva- Democrat (LA area)
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB572
Great idea, but is a pilot program to provide only ONE investigator to investigate bad industry practices throughout ALL Orange County.
AB1512 McCarty - Democrat, Sacramento
This one is strange. It currently reads as though it is a bill about a tax on “Motor Vehicle Fuel,” but his publicity from early in March says it is going to be a bill taxing prescription drugs to create some kind of a slush fund for paying for rehab.
https://a07.asmdc.org/press-releases/assemblymember-kevin-mccarty-announces-legislation-tackle-california’s-opioid
We’re not strongly in favor of throwing more money at the epidemic, unless it’s for longer treatment, but we wonder if he could be persuaded to throw the money at improved regulation and inspections.
2018
AB 572 - Quirk-Silva, originally introduced in 2017
Will be heard next in the Assembly Health Committee on: N/A
Until 12/19, DHCS assigns a single investigator to the City of Costa Mesa in a year-long pilot program, and Costa Mesa pays for it with results reported back to the legislature. Orange County has 44% of the licensed recovery residences in the state, and likely a similar percentage of unlicensed houses. Costa Mesa has the densest concentration of such houses in Orange County and is second in the state. San Juan Capistrano, Dana Point and San Clemente are third, fourth and fifth.
AB 1136 - Eggman, originally introduced in 2017.
Will be heard next in the Assembly Health Committee on: N/A
This bill requires the Dept. of Health to solicit a grant from the federal “21st Century Cures Act” to collect, aggregate and display data about the number of beds and types of treatment available in what appears to be licensed facilities, including those for mental health.
—> bill will not cover hundreds to thousands of beds currently in unlicensed housing operated by businesses that are providing addiction treatment to residents.
AB 2200 - Patterson
Will be heard next in the Assembly Health Committee on: N/A
Requires a criminal record review of "a person who has responsibility for residents or frequent or routine contact with residents of an alcoholism or drug abuse recovery facility”
—> Emphasis on “residents” opens a loophole for those who deserve the same protections in a Treatment Program who live in unlicensed residences. Should also reference: "or those in an active treatment program”
AB 2214 - Melendez/Rodriguez, Acosta/Gallagher, Gray, Lackey, Nazarian, Bates
Will be heard next in the Assembly Appropriations Committee on"
This is a bad bill. In exchange for voluntary certification, a house will be immune to oversight from cities or the state and will be referred clients from the penal system FIRST, ahead of more effective, more affordable housing with oversight of the probation system. Brought to you by the California Consortium of Addiction Programs and Professionals.
AB 3055 - Harper
Still a spot bill
AB 3162 - Friedman, Allen and Stern
Will be heard next in the Assembly Health Committee on: N/A
This bill would allow the State to deny an application for a site within 300 feet of another licensed facility. It assesses higher penalties for violations. It creates a one year provisional period in licensing, and if licensing provisions were broken, the person could not reapply for licensure for 2 years. It requires that the state inspect unlicensed houses alleged to be providing licensed services and shut them down if they are operating without a license.
SB 902 - Bates
Will be heard next in the Senate Health Committee on: N/A
Would require a criminal background check for anyone applying for a license or employed in a business. Those with previous convictions in the last five years for possession of drugs for sale, sales and transportation of controlled substances, and sale of fake drugs, MediCal frauds
—> does not address current drug use by owners/staff, does not address owners/staff with a history of predatory or violent crimes
SB 1228 - Lara, Substance Use Disorder Patient Protection Act
Sen. Lara is running for State Insurance Commissioner
Will be heard next in the Senate Health Committee on: N/A
This bill claims it would make patient-brokering a crime, but then is unclear what the penalties would be. This bill would require that those in the penal system be routed strictly to facilities or residences that are licensed or certified. It creates a list of procedures that would need to be followed to be certified and proposes that DHCS will approve of third-party certification entities.
—> third party certification is okay for Cooperative Sober Homes but inappropriate for Recovery Care Residences operated by businesses
SB 1268 - Bradford
Will be heard next in the Senate Health Committee on: N/A
Makes patient brokering in addiction treatment programs punishable by a $2500 fine and a misdemeanor
—> We would prefer to see this be a felony.
SB 1290 - Bates
Will be heard next in the Senate Health Committee on: N/A
Makes patient brokering a crime but does not indicate penalties. Would form a Commission on Substance Abuse and Recovery to address "appropriate care and consideration of local effects,” which would identify issues such as overconcentration.
—> Needs clear penalties
SB 1317 - Portantino
Will be heard next in the Senate Health Committee on: N/A
An anti-overcrowding bill. Changes the State Health Code to require a state licensed residence notify the city that it is opening, and show how it will address the impacts on parking and sewage. It would restrict the residence to one full bathroom for every two residents, and no more than two residents in any bedroom.
—> Only addresses licensed facilities.
2019 - Something happened to this bill.
Quirk-Silva - AB 136 Declined to write letter
(In Health Committee- Unscheduled)
For the year 2021, would establish a pilot Office of Ombudsperson to collaborate with counties on investigations of treatment centers, licensed and unlicensed houses. This bill feels like a bare minimum ask, but we have to give Quirk-Silva credit for trying to get additional resources when state officials in Sacramento seem to be fighting her tooth and nail.
Arambula - AB 389 Declined to write letter
(In Health - To be heard 4/2)
"This bill would require the department to either establish a pilot program...for purposes of measuring the efficacy and cost avoidance of utilizing trained substance use disorder peer navigators and behavioral health peer navigators in the emergency department of an acute care hospital.” Providing a handful of hours of training does not make people professional counselors. Similar to SB 10.
Brough - AB 615 SUPPORT
(In Health - To be heard 4/2)
Makes brokering punishable by a fine of up to $10,000 and imprisonment in county jail for up to 16 months. Brokers can easily make $10,000 for just a single transaction. We’ve asked for an amendment. This is a step up from last year, but still pathetically far behind penalties in the state of Florida, which require a fine of $50,000 and a felony for a single act of patient brokering. We are being told that the Democratic “advisor” to the health committee believes a real-world fine is too high.
Patterson - AB 704 (Coauthor Bates) SUPPORT
Unanimously Passed Health
(In Appropriations)
This bill requires a person who has responsibility for residents of an alcoholism or drug abuse recovery or treatment facility to be subject to a criminal record review, as specified, and would exempt residents from this requirement. DHCS would approve or deny a person’s involvement in the provision of services based on the results of that review. Unfortunately, only covers licensed houses.
Melendez - AB 940 OPPOSE
(In Health 4/23)
Based on conversations with their office, this is another “certify-and-route-addicts-to-certified-houses” bill sponsored by the California Consortium of Addiction Programs and Professionals. Brought to you by the people who last year wanted to declare such houses a “residential use” of property, which would prevent cities from regulating them. It also includes a $50,000 penalty for body brokering, which again, the Democratic Committee head is refusing to accept.
Nazarian - AB 1031 (Quirk-Silva, Waldron)
Youth Substance Use Disorder Treatment and Recovery Program Act of 2019
(In Health 4/23)
Requires DHCS to establish standards for programs and residential and non-residential treatment programs for youth under 21. This bill sounds like it was written by industry, or behavioral health services people intent on getting a chunk of federal funding and limits the funding to be used for developing regulations, standards and procedures. It looks a lot like SB 445.
Salas - AB 1058 Declined to write letter
(in Health 4/23)
Establishes a pilot program in several counties to support the integration of specialty mental health services and substance use disorder treatment provided under the Medi-Cal program.
Chiu - AB 1557 Declined to write in
(In Health Committee- Unscheduled)
Eliminates halfway houses as place where the California Department of Corrections can establish rehab centers.
Daly - AB 1779 OPPOSE
(in Health 4/23)
ALSO defines “Recovery Residence” without addressing the commercial aspect of operating houses, a common industry ploy. Requires the state to adopt National Association of Recovery Residence standards before federal standards are set. Cities that can prove fraudulent activity at a house can complain to the state that a house doesn’t have certification, thereby lining the pockets of the certifying entity. Everyone, including the court system, must send people to certified houses ahead of uncertified houses, so that they can make more money from private insurance. Requires opioid overdose reversal medication in the house. Likely sponsored by Recovery Reform Now or CCAPP.
Beall - SB 10 (Waldron, Nielsen, Carrillo) OPPOSE
Unanimously passed the Health Committee
(In Appropriations)
Because there are no standards for peer providers and people are increasingly engaged in providing support and counseling, and there’s money to support certification, someone thought this bill was a good idea. This bill would require DHCS to contract with yet another third party to establish a peer, parent, transition-age, and family support specialist certification program—the state itself would likely not be doing the certification. It requires that the person have had a mental illness, substance use disorder or both and have a strong dedication to recovery, but does not require they be tested for ongoing drug abuse. This seems primarily to be a way of legitimizing informal advising and helping people get paid for it. It is possible that industry believes it can get insurance reimbursements for employing people with certificates.
Beall - SB 11 Declined to write letter
(Health Committee - 4/24)
This bill attempts to track health insurance companies’ compliance with various mental health services provisions. It would also dramatically reduce barriers to accessing prescription drugs for addiction treatment by not requiring any therapy in conjunction with the prescriptions. Because this bill is an obvious win for the pharmaceutical industry and appears to require no commitment on the part of the recovering addict, this would seem to be another way for addicts to get access to opioid-substitutes.
Wiener - SB 40 Declined to write letter
(Judiciary and Public Safety - 4/9)
Appears to affect only San Diego, Los Angeles and San Francisco counties. Within 180 days of the eighth detention in twelve months of an individual for evaluation and treatment, a petition can be submitted for conservatorship of an individual. The court may also establish a 30 day temporary conservatorship under certain conditions.
Hueso - SB 422 OPPOSE
(Government and Finance - Unscheduled)
Tax credits to businesses that provide job training to employees of rehabs.
Portantino - SB 445
(The Children, Adolescents, and Young Adults Substance Use Disorder Treatment Act.)
(Health Committee - Unscheduled)
An expert panel would be convened to advise DHCS on the development of youth substance use disorder (SUD) treatment quality standards, and DHCS would then adopt those standards. Counties would be required to designate an agency responsible for administering youth SUD services. All county programs providing youth SUD treatment services would have to be coordinated. By requiring additional duties of local governments, this bill would create a state-mandated local program. This would define “youth SUD treatment services” to include public funds for individuals through the age of 26 and restrict entities to those adopted by the department. We would want to be assured that the parent member of the expert panel not receive payments from industry.
Bates - 486 SUPPORT
(Health Committee - Unscheduled)
Referrals to a commercially operated Recovery Residence would be fined $50,000 for each violation.
Beall - SB 582 Declined to write letter
(Health Committee - 3/27, unclear what happened)
By allocating funds for the purpose of establishing partnerships between schools and local mental health plans, the entities involved would be able to leverage school and community resources in order to provide multitiered interventions...
Bates - SB 589 SUPPORT
(Health Committee - 4/3)
Prohibits false and misleading statements about products, goods, services or geographical locations in its marketing, advertising materials, or media or on its internet website. Missing prohibition against fake reviews. This is an important bill.
Hernandez - SB 992
Defines Recovery Residences.
2020
Brough - AB 224
All programs certified or licensed by the state must have a discharge plan that indicates where the recovering addict is going after that program, including to a family caregiver, another health care provider or travel arrangements to prior address.
Petrie-Norris - AB 2223
A placeholder bill.
Petrie-Norris - AB Pending
Requires licensing of all large business facilities providing addiction rehab.
Quirk-Silva - AB 2265 - Mental Health Services Act (Funding)
Oddly, seems to almost do what the previous bill does. Distributes funds from the Mental Health Services Act for assessment of co-occuring disorders and will fund rehab regardless. One of these might be a “placeholder” bill.
Wiener - SB 855 - OPPOSE without clarifications
“A healthcare service plan shall not limit benefits or coverage for chronic or pervasive mental health and substance use disorders to short-term or acute treatment.” The upside for recovering addicts is that they couldn’t be kicked off of insurance after a period of treatment, which often leads unscrupulous providers to give them drugs so that they can get their insurance stream. The downside is that no definition of “short-term” or limit of treatment is given, enabling an addict to basically stay in treatment forever, regardless of the success of the program.
Bates - SB 863 - Prohibition Against False Advertising (SUPPORT)
Prohibits false and misleading statements about products, goods, services or geographical locations in its marketing, advertising materials, or media or on its internet website. Missing a specific prohibition against fake reviews by associates fo the business. This is an important bill.
Hill - SB Pending
Requires licensing of all small business facilities providing addiction rehab.
Umberg - SB 1086 - California Ethical Treatment for Persons with Addiction Act (SUPPORT)
Enables DA’s to prosecute for violations. Creates Client Bill of Rights. Prohibitions against false marketing. Requires facilities track referrals. Prohibits kick-backs. Civil penalties of up to $20k.
Bates - SB 1144
Requires DHCS to refer substantiated claims against unlicensed Recovery Residences to other enforcement agencies.
Bates - SB 1172
Requires posting of licensing and certification information of treatment houses and programs on websites, which would allow clients to distinguish between licensed and unlicensed programs.
Bates - SB 1268
A placeholder bill.
2021
AB 77 - Jarrod’s Law (Petrie-Norris; Stern) SUPPORT
Unassigned?
Would require state begin mandatory licensing of Treatment Centers, (which should use evidence-based treatment), instead of current voluntary certification.
AB 381 (Davies, Petrie-Norris) SUPPORT
In Assembly Committees on Health and Judiciary
Requires state licensed treatment houses to carry 2 unexpired doses of naloxone and have at least one staff member trained to administer it. Legally absolves those administering it of liability.
AB 541 (Berman) SUPPORT
In Assembly Health.
Addicts recover more effectively from other drugs when they cease nicotine use. Requires certified and licensed treatment facilities must assess clietnts for cigarette use, recommend treatment for tobacco use, and offer treatment or a referral. They must also report data collected to DHCS.
AB 644 (Waldron) OPPOSE
To be heard in committee on March 15.
Instead of requiring those on parole participate in an institutional substance abuse program, requires them to participate in ANY post-release substance abuse program, to achieve a reduction in their parole. In other words, they can attend any shoddy, largely unenforced program, instead of one overseen by the government or a hospital.
AB 1098 (Daly)
A placeholder bill to address recovery residences.
AB 1158 (Petrie-Norris) SUPPORT
To her heard in committee on March 21.
Requires licensed treatment houses to carry commercial liability, automotive liability, workers’ compensation, employer’s liability, and professional errors an omissions insurance. Requires adverse events be reported not just to DHCS but to health insurance provider and the Department of Insurance. Requires that all houses follow standards set by the National Alliance of Recovery Residences, which seeks a monopoly voluntarily certifying houses in California.
AB 1225 (Waldron)
Spot Bill.
AB 1274 (Davies)
Unclear what this bill does at this time.
AB 1358 (Bonta) SUPPORT
Unassigned.
Spot Bill.
SB 349 (Umberg) SUPPORT
Joint Rule 55 Suspended?
Requires treatment provider provide a patient bill of rights. Requires treatment providers to maintain records fo referrals to/from a recovery residence. Prohibits false advertising. Clarifies definitons of kickbacks and brokering. Civil fine of up to $20,000 for violations.
SB 434 (Bates; Jones, Gallagher, Garcia, Lackey, Mathis, Patterson, Petrie-Norris) SUPPORT
In Health Committee on March 10.
Prohibits false and misleading statements about products, goods, services or geographical locations in its marketing, advertising materials, or media or on its internet website by drug abuse recovery or treatment facilities and psychiatric and mental health facilities. This is an important bill. We would like it to require penalties greater than $150/day, and call out fake online reviews in particular.
SB 541 (Bates, Wilk; Petrie-Norris) SUPPORT
Joint Rule 55 Suspended?
State licensed and certified facilities and programs are required to disclose license/certification numbers and dates or expiration, including on websites.