Defining and Regulating Recovery Residences
In September, 2018, Governor Brown signed SB 992, which Advocates for Responsible Treatment supported, into law, finally creating a definition for unlicensed, commercially operated houses associated with recent recovery: Recovery Residences. This was a significant breakthrough because previously, the State Department of Health Care Services had refused to take any action related to these properties, acting as if they didn't exist. The current definition is:
|
|
“...Recovery residence” means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01). A recovery residence may include, but is not limited to, residential dwellings commonly referred to as “sober living homes,” “sober living environments,” or “unlicensed alcohol and drug free residences.”
|
|
As of mid-2020, the only state requirements related to Recovery Residences are that Treatment Centers and Detox houses must reveal their contractual relationships with Recovery Residences to the state. Nevertheless, this definition has enabled the legislature to propose (but not pass) bills that might begin to regulate such commercial operations:
2020 - AB 940 Melendez
Prohibits Recovery Residences from engaging in patient brokering
2020 - SB 1144 Bates
Requires DHCS to refer substantiated claims against unlicensed Recovery Residences to other enforcement agencies.
2019 - AB 920 Petrie-Norris
“Sober living homes” engaged in an economic relationship with a treatment provider that owns or operates 2 or more such houses shall not be considered a residential use of property.
2019 - AB 1779 Daly
ALSO defines “Recovery Residence” (already defined in code) 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.
2019 - SB 486 Bates
Referrals to a commercially operated Recovery Residence would be fined $50,000 for each violation.
Click on the orange links to be taken directly to the legislation.
2020 - AB 940 Melendez
Prohibits Recovery Residences from engaging in patient brokering
2020 - SB 1144 Bates
Requires DHCS to refer substantiated claims against unlicensed Recovery Residences to other enforcement agencies.
2019 - AB 920 Petrie-Norris
“Sober living homes” engaged in an economic relationship with a treatment provider that owns or operates 2 or more such houses shall not be considered a residential use of property.
2019 - AB 1779 Daly
ALSO defines “Recovery Residence” (already defined in code) 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.
2019 - SB 486 Bates
Referrals to a commercially operated Recovery Residence would be fined $50,000 for each violation.
Click on the orange links to be taken directly to the legislation.