Amended  IN  Assembly  March 11, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1098

Introduced by Assembly Member Daly

February 18, 2021

An act to add Chapter 14 (commencing with Section 11857) to Part 2 of Division 10.5 of the Health and Safety Code, relating to substance use disorder. recovery residences.


LEGISLATIVE COUNSEL'S DIGEST


AB 1098, as amended, Daly. Nonlicensed recovery Recovery residences.
Existing law establishes the California Health and Human Services Agency to oversee departments and offices that provide services in specified areas, including, health care, mental health, public health, and alcohol and drug treatment. Existing law establishes within the agency, the State Department of Health Care Services.
Existing law requires the State Department of Health Care Services department to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law also requires the department to implement a voluntary certification procedure for alcohol and other drug treatment recovery services. Existing law requires a program licensed or certified by the department to disclose ownership or control of, or financial interest in, a recovery residence. Existing law defines a recovery residence for this purpose to include a residential dwelling commonly referred to as a sober living home. mean 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, as specified.

This bill would state the intent of the Legislature to enact legislation relating to nonlicensed recovery residences, also known as sober living homes.

This bill would enact the Excellence in Recovery Residence Housing Act. The bill would require the Secretary of California Health and Human Services, on or before January 1, 2023, to develop and publish on the department’s internet website consensus-based guidelines and nationally recognized standards for counties to promote the availability of high-quality recovery residence housing for individuals with a substance use disorder. The bill would require the guidelines and standards to be developed in consultation with specified agencies and organizations, to build on existing best practices and suggested guidelines developed by the federal Substance Abuse and Mental Health Services Administration, and to use language that serves to distinguish recovery residence housing from the treatment of addiction. The bill would require the secretary to request the University of California, Los Angeles to conduct a study on the availability of high-quality recovery residence housing and on state, tribal, and local regulation and oversight of recovery residence housing. The bill would require the secretary to request the University of California, Los Angeles, based on the study, if conducted, to submit a report to the Assembly and Senate Committees on Health on or before January 1, 2023, that contains the results of the study and other specified information, including recommendations for state and local policies to promote the availability of high-quality recovery residence housing in California.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) (1) Substance use disorder is ranked in the top five clinically preventable burdens on health care spending.
(2) The level of health care services used by substance use disorder patients before receiving treatment is more than double that of the general population. It has been shown that after 12 months of treatment of substance use disorders, the levels of health care services received return to almost average.
(3) An estimated 4 to 5 years is necessary for persons experiencing the chronic disease of addiction to reach a full, sustained recovery, and the first 30 to 90 days after initial treatment are the most critical for preventing relapse, making it imperative that recovery residences be expanded as a means of reducing costs associated with multiple treatment episodes.
(4) There are an estimated 3.5 million persons with diagnosable substance use disorders in California and a limited number of available recovery residences to effectively provide healthy living environments for long-term recovery.
(5) The need for recovery residence housing will continue to rise throughout the next decade.
(b) Therefore, it is the intent of the Legislature, in enacting this act, to identify best practices for recovery residences and to gather data regarding the quality and availability of recovery residences in California so that all of the following may occur:
(1) Access to quality recovery residence housing may be expanded, while the number of poorly operated recovery residences is reduced.
(2) Those currently living in recovery residences may experience a level of safety and a reduction in deaths by making federally approved opioid overdose reversal medication available.
(3) Local governments may recognize recovery residences for their valuable contributions to the continuum of care in addiction recovery.

SEC. 2.

 Chapter 14 (commencing with Section 11857) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read:
CHAPTER  14. Recovery Residence Quality Standards and Data Collection

11857.
 This chapter shall be known and may be cited as the Excellence in Recovery Residence Housing Act.

11858.
 For purposes of this chapter, “recovery residence” refers to a residential property as defined in subdivision (f) of Section 11833.05.

11859.
 On or before January 1, 2023, the Secretary of California Health and Human Services shall develop and publish on the State Department of Health Care Services’ internet website consensus-based guidelines and nationally recognized standards for counties to promote the availability of high-quality recovery residence housing for individuals with a substance use disorder and to dissuade the use of, contracting with, or referral to, recovery residences that do not meet these guidelines and standards. The guidelines and standards shall do all of the following:
(a) Be developed in consultation with the state accrediting agency for the National Alliance for Recovery Residences, reputable providers and analysts of recovery residence housing services, disability rights advocates, housing advocates, the County Behavioral Health Directors Association of California, and other interested groups, including, but not limited to, the Addiction Recovery Communities of California, Faces and Voices of Recovery, Young People in Recovery, and the National Alliance for Medication Assisted Recovery, and be consistent with the best practices developed under Section 550 of the federal Public Health Service Act (42 U.S.C. 290aa).
(b) To the extent practicable, build on existing best practices and suggested guidelines developed by the federal Substance Abuse and Mental Health Services Administration.
(c) Consistently use language that serves to distinguish recovery residence housing from the treatment of addiction.

11860.
 (a) The secretary shall request the University of California, Los Angeles to conduct a study on both of the following:
(1) The availability of high-quality recovery residence housing and whether that availability meets the demand for recovery residence housing.
(2) State, tribal, and local regulation and oversight of recovery residence housing.
(b) The secretary shall request the University of California, Los Angeles, based on the study conducted pursuant to subdivision (a), if conducted, to submit a report to the Assembly and Senate Committees on Health on or before January 1, 2023, that contains all of the following:
(1) The results of the study conducted pursuant to subdivision (a).
(2) Recommendations for state and local policies to promote the availability of high-quality recovery residence housing in California.
(3) Recommendations for state and local policies to improve data collection on the quality of recovery residence housing.
(4) Recommendations for recovery residence housing quality metrics.
(5) Recommendations to eliminate restrictions by recovery residences that exclude individuals who take prescribed medications for opioid use disorder.
(6) Recommendations for ensuring that recovery residences maintain opioid overdose reversal medication.
(7) Recommendations for improving referrals from state licensed and certified treatment programs and criminal justice agencies to high-quality recovery residences and discouraging referrals to substandard recovery residences.
(8) A summary of allegations, assertions, or formal legal actions at the state and local level by governmental entities and nongovernmental organizations with respect to the opening and operation of recovery residences.

SECTION 1.

It is the intent of the Legislature to enact legislation relating to nonlicensed recovery residences, also known as sober living homes.