State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2529: sober living homes; certification.

PRIME SPONSOR: Representative Campbell, LD 1

BILL STATUS: Health

 

 

Legend: ADA – Americans with Disabilities Act ADHS – Arizona Department of Health Services MAT – Medication Assisted Treatment Organization – Approved Certifying Organization Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to ADHS and sober living home certification.

Provisions

1.       Requires ADHS to contract with an Organization, that is connected with a national organization to:

a.       Certify sober living homes; and

b.       Investigate and address complaints. (Sec. 5)

2.       Requires ADHS to adopt application policies and procedures for the Organization which contracts with ADHS to certify sober living homes. (Sec. 5)

3.       States that ADHS must approve the Organization's certification standards that are consistent with the approved national organization. (Sec. 5)

4.       Stipulates that an Organization may use national standards until ADHS approves the Organization's standards. (Sec. 5)

5.       Requires an Organization's standards for sober living home certification to include:

a.       Policies and procedures that allow an individual using MAT to stay at a sober living home;

b.       Drug and alcohol testing;

c.        Policies and procedures for:

i.         Maintaining a safe environment for the surrounding community; and

ii.       Discharge planning;

d.       A good neighbor policy;

e.       A current medication and diagnosis list for patients that can be accessed by emergency personnel;

f.         Policies relating to:

i.         Residential rules, requirements and agreements;

ii.       Money management by the sober living home;

iii.     Criminal background checks for sober living home staff;

iv.     Residential rights concerning complaints;

v.       Complaints against a sober living home;

vi.     Prohibiting sober living home personnel from requiring a resident to sign documents which relinquish a resident's government assistance; and

vii.   Sober living home maintenance including compliance with applicable fire codes.

g.       Policies that prohibit an individual connected to the sober living home from accepting compensation from:

i.         Third parties concerning admitting residents, except for government contracts which provide fees;

ii.       Toxicology laboratory for drug and alcohol testing; or

iii.     An ADHS licensed treatment facility for substance use disorders.

Ř  Prescribes penalties, ranging from $1,000 to $10,000, for violating policies.

h.       A requirement for residents to participate in various treatment supports;

i.         Drug and alcohol abstinence policies;

j.         Medication use and security procedures; and

k.       Family notification about drug overdoses. (Sec. 5)

6.       Requires all sober living homes to be certified.

a.       Certifications are valid for one year. (Sec. 5)

7.       Prescribes a civil penalty of up to $1,000 for any sober living home that is not certified. (Sec. 5)

8.       Requires sober living homes to comply with all state and federal laws, including the ADA. (Sec. 5)

9.       Requires an ADHS licensed treatment facility with multiple sober living homes to obtain certification and accreditation for each sober living home and provide documentation to the Organization and ADHS. (Sec. 5)

10.   Prohibits a noncertified sober living home from using the designation of certified. (Sec. 5)

11.   Requires ADHS, in consultation with the Organization, to establish fees for:

a.       Initial certification;

b.       Certificate renewal; and

c.        Inspections. (Sec. 5)

12.   Requires ADHS to keep fees at a minimum by seeking all possible funding sources, including federal grants. (Sec. 5)

13.   Requires ADHS, in conjunction with the Organization, to approve procedures for:

a.       Investigating complaints; and

b.       The required reporting by the Organization to ADHS. (Sec. 5)

14.   Permits ADHS to impose sanctions and take disciplinary action, including certificate revocation, against a sober living home. (Sec. 5)

15.   Enacts the following requirements relating to state contracts and referrals, beginning January 1, 2020:

a.       Requires state agencies and vendors that direct substance abuse treatments to make referrals only with certified sober living homes.

b.       Allows only certified sober living homes to be eligible for government funding;

c.        States that persons whose treatment is funded by the government must be only referred to a certified sober living home;

d.       Requires county or state courts to give preference to a certified sober living home when making residential recommendations; and

e.       Requires a licensed or certified treatment facility to refer an individual only to a certified sober living home. (Sec. 5)

16.   Permits ADHS to:

a.       Conduct periodic reviews of the Organization to determine contract compliance; and

b.       Access sober living home records, including certification status and complaint resolution. (Sec. 5)

17.   Requires ADHS to list the names and phone numbers of each certified sober living home on its website.

a.       The list must be updated quarterly.

b.       ADHS is prohibited from disclosing sober living home addresses, except to law enforcement. (Sec. 5)

18.   Requires the Organization to report the following annual outcome data to ADHS:

a.       The number of certified sober living home residents in the preceding year;

b.       The number of admissions, number and type of discharges and the number of overdose deaths;

c.        The types of housing residents relocate to; and

d.       Outcomes of residents after discharge from a certified sober living home. (Sec. 5)

19.   Requires ADHS to submit a report on certified sober living homes to the House Health and Senate Health and Human Services committees, by January 2, 2019 and every year thereafter, which includes the number of:

a.       Certified sober living homes in each city, town or county;

b.       Sober living homes that become certified each year;

c.        Complaints investigated by ADHS against certified sober living homes; and

d.       Enforcement actions taken by ADHS.

i.         ADHS must submit the report to the Secretary of State. (Sec. 5)

20.   Repeals statute which permits a city, town or county to adopt standards for sober living homes. (Sec. 2, 4)

21.   Defines approved certifying organization, approved national organization, MAT and sober living home. (Sec. 5)

22.   Makes conforming changes. (Sec. 1, 3)

Current Law

Cities, towns and counties can adopt ordinances for sober living homes. If adopted, the ordinances may include:

·         A written notification from all structured sober living homes;

·         Supervisions requirements; and

·         The establishment of an operational plan.

Sober living homes that are regulated by another government entity or contractor are exempted from city, town or county ordinances regarding sober living homes (A.R.S. §§ 9-500.40, 11-269.18).

 

 

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Fifty-third Legislature                  HB 2529

Second Regular Session                               Version 1: Health

 

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