ARIZONA HOUSE OF REPRESENTATIVES

HB 2529: sober living homes; certification.
PRIME SPONSOR: Representative Campbell, LD 1 BILL STATUS: Caucus & COW               Health: DPA 9-0-0-0

Abstract

Relating to ADHS and sober living home licensure.

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) (Health)

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

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

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

5. REQUIRES THE DIRECTOR TO ADOPT RULES TO ESTABLISH STANDARDS AND REQUIREMENTS FOR LICENSURE OF SOBER LIVING HOMES. (Health)

6. Requires an Organization's standards for sober living home certification to include PERMITS THE DIRECTOR TO USE CURRENT STANDARDS ADOPTED BY AN ADHS APPROVED NATIONAL ORGANIZATION AS A GUIDELINE IN PRESCRIBING STANDARDS AND REQUIREMENTS FOR SOBER LIVING HOMES. (Health)

7. Requires standards 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 MEDICAL CONDITIONS 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.

Ø 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) (Health)

8. Requires all sober living homes to be certified.

a. Certifications STATES THAT A SOBER LIVING HOME LICENSE IS are valid for one year. (Sec. 5) (Health)

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

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

11. Requires an ADHS licensed treatment facility with multiple sober living homes ON THE SAME CAMPUS AS the facility's program to obtain certification LICENSURE and accreditation for each sober living home. and provide documentation to the Organization and ADHS. (Sec. 5) (Health)

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

13. PROHIBITS A PERSON FROM ESTABLISHING, CONDUCTING OR MAINTAINING A SOBER LIVING HOME UNLESS LICENSED BY ADHS OR CERTIFIED PURSUANT TO STATUTE.

a. ASSERTS THAT A LICENSE IS ONLY VALID FOR THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF THE SOBER LIVING HOME. (Health)

14. PROHIBITS A LICENSEE FROM:

a. IMPLYING, BY ADVERTISING OR OTHERWISE THAT THE LICENSEE IS APPROVED TO PERFORM SERVICES MORE SPECIALIZED OR OF A DEGREE OF HIGHER CARE THAN ALLOWED BY RULE OR STATUTE; AND

b. TRANSFERRING OR ASSIGNING A LICENSE.

i. STATES THAT A LICENSE IS ONLY VALID FOR THE PREMISES OCCUPIED BY THE SOBER LIVING HOME AT THE TIME OF ISSUANCE. (Health)

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

a. Initial certification LICENSURE;

b. Certificate LICENSE renewal. and

c. Inspections. LATE PAYMENT OF A LICENSING FEE, INCLUDING A GRACE PERIOD. (Sec. 5) (Health)

16. DIRECTS ADHS TO DEPOSIT 90% OF COLLECTED FEES INTO THE HEALTH SERVICES LICENSING FUND AND 10% INTO THE GENERAL FUND.  (Health)

17. STIPULATES THAT IF THE DIRECTOR DETERMINES THAT THERE IS REASONABLE CAUSE TO BELIEVE A SOBER LIVING IS NOT COMPLYING WITH LICENSURE REQUIREMENTS, THE DIRECTOR OR DULY ASSIGNED AGENT OR EMPLOYEE MAY ENTER ON AND INTO THE PREMISES OF A SOBER LIVING HOME AT ANY REASONABLE TIME TO DETERMINE COMPLIANCE WITH RULE, STATUTE OR LOCAL FIRE ORDINANCE OR RULE. (Health)

18. STATES THAT AN APPLICATION FOR LICENSURE CONSTITUTES CONSENT TO ENTRY AND INSPECTION BY ADHS WHILE THE APPLICATION IS PENDING AND FOR THE DURATION OF THE LICENSE. (Health)

19. PERMITS THE DIRECTOR TO TAKE ACTION IF AN INSPECTION SHOWS THAT A SOBER LIVING HOME IS NOT IN COMPLIANCE WITH LICENSURE REQUIREMENTS. (Health)

20. SPECIFIES THAT A SOBER LIVING HOME WHOSE LICENSE HAS BEEN SUSPENDED OR REVOKED IS SUBJECT TO INSPECTION WHEN APPLYING FOR RELICENSURE OR REINSTATEMENT. (Health)

21. ALLOWS THE DIRECTOR TO IMPOSE A CIVIL PENALTY OF $500 FOR EACH VIOLATION OF RULE OR STATUTE.

a. STATES THAT EACH DAY A VIOLATION OCCURS CONSTITUTES A SEPARATE VIOLATION.

b. PERMITS THE DIRECTOR TO ISSUE A NOTICE THAT INCLUDES THE CIVIL PENALTY AMOUNT.

c. REQUIRES THE DIRECTOR TO IMPOSE A CIVIL PENALTY ONLY FOR THE DAYS FOR WHICH A VIOLATION HAS BEEN DOCUMENTED BY ADHS. (Health)

22. STIPULATES THAT IF A PERSON REQUESTS AN APPEAL HEARING REGARDING A CIVIL PENALTY, THE DIRECTOR MAY NOT TAKE FURTHER ACTION TO COLLECT PENALTIES UNTIL THE HEARING PROCESS IS COMPLETE. (Health)

23. PROHIBITS A LICENSE FROM BEING SUSPENDED OR REVOKED, UNLESS THE LICENSEE IS GIVEN NOTICE AND AN OPPORTUNITY FOR A HEARING WITH THE OFFICE OF ADMINISTRATIVE HEARINGS. (Health)

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

25. 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) (Health)

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

27. ALLOWS A SOBER LIVING HOME CERTIFIED BY A CERTIFYING ORGANIZATION TO OPERATE AND RECEIVE REFERRALS PURSUANT TO STATUTE. (Health)

28. STIPULATES THAT SOBER LIVING HOME CERTIFICATION IS IN LIEU OF LICENSURE UNTIL TWO YEARS AFTER ADHS HAS NOTIFIED THE CERTIFYING AGENCY THAT LICENSURE HAS BEEN IMPLEMENTED. (Health)

29. REQUIRES ADHS TO ISSUE A LICENSE IN LIEU OF AN INITIAL ON-SITE SURVEY AND ANY ANNUAL SURVEY IF A SOBER LIVING HOME SUBMITS AN APPLICATION TO ADHS AND MEETS THE FOLLOWING REQUIREMENTS:

a. HOLDS A CURRENT CERTIFICATION FROM A CERTIFYING ORGANIZATION; AND

b. MEETS ALL ADHS LICENSING REQUIREMENTS. (Health)

30. 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 OR LICENSE sober living homes.

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

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

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

e. Requires a licensed or certified treatment facility HEALTH CARE INSTITUTION THAT PROVIDES SUBSTANCE ABUSE TREATMENT to refer an individual only to a certified OR LICENSED sober living home.

f. REQUIRES A LICENSED BEHAVIORAL HEALTH PROVIDER TO REFER A PERSON ONLY TO A CERTIFIED OR LICENSED SOBER LIVING HOME. (Sec. 5)

31. 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) (Health)

32. Requires ADHS to list the names and phone numbers of each certified OR LICENSED 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) (Health)

33. 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) (Health)

34. Requires ADHS to submit a report on certified LICENSED sober living homes to the House Health and Senate Health and Human Services committees, by January 2, 2019 2020 and every year thereafter, which includes the number of:

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

b. Sober living homes that become certified LICENSED each year;

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

d. Enforcement actions taken by ADHS.

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

35. PROVIDES A TWO-YEAR RULEMAKING EXEMPTION FOR ADHS BEGINNING ON THE GENERAL EFFECTIVE DATE. (Health)

36. Repeals statute which permits a city, town or county to adopt standards for sober living homes ON JANUARY 1, 2021. (Sec. 2, 4) (Health)

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

38. MODIFIES THE DEFINITION OF SOBER LIVING HOME. (Health)

39. 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 2: Caucus & COW

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