Assigned to HHS FOR
COMMITTEE
Assigned to HHS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
sober living homes; certification
Purpose
Establishes standards and procedures for certified sober living homes.
Background
Structured sober living home means any premise, place or building that provides alcohol-free or drug-free housing, promotes independent living and life skill development and provides structured activities that are directed primarily toward recovery from substance use disorders in a supervised setting. The residents of a structured sober living home are a group of unrelated individuals who are recovering from drug or alcohol addiction and who are receiving outpatient behavioral health services for substance abuse or addiction treatment while living in the home.
Currently, cities, towns and counties are permitted to adopt standards for structured sober living homes that comply with state and federal fair housing laws and the Americans with Disabilities Act (ADA). The standards for structured sober living homes must include the following: 1) a written notification that includes the name and address of each structured sober living home and the property owner's name, address and contact telephone number; 2) supervision requirements for residents during hours of operation; and 3) the establishment and maintenance of an operation plan that facilitates the rehabilitative process, including discharge planning (A.R.S. § 9-500.40).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires that all sober living homes be certified and specifies that sober living home certifications are valid for one year.
2. Removes the ability of cities, towns and counties to limit or prohibit the use of a short-term rental for maintaining a structured sober living home and eliminates associated standards.
3. Requires the Department of Health Services (DHS) to adopt application procedures and standards for the approving certifying organization for sober living homes.
4. Directs DHS to contract with an approved certifying organization to certify each sober living home and investigate and address complaints.
5. Requires that certification standards for certified sober living homes include policies and procedures regarding the following:
a) consistent and fair practices for drug and alcohol testing;
b) maintenance of an environment that promotes safety to the surrounding neighborhood and the community at large;
c) discharge planning;
d) a good neighborhood policy to address neighborhood complaints;
e) management of all monies received and spent in accordance with standard accounting practices;
f) criminal background checks for owners and employees of the sober living home;
g) that the owner, employee or administrator of a sober living home cannot:
i) solicit a commission, fee or anything of monetary value for admission of a resident from a third party;
ii) receive a payment trade, commission, or fee from a toxicology laboratory that provides confirmation or point of care testing; or
iii) solicit a commission, fee or anything of monetary value from a treatment facility.
h) recovery promotion by requiring residents to participate in treatment or other recovery supports;
i) resident abstinence from alcohol and illicit drugs;
j) maintenance of sober living homes;
k) prohibition of any employee in a sober living home from requiring a resident to relinquish their public assistance benefits; and
l) complaint management.
6. Establishes that certification standards for certified sober living homes must include the following requirements:
a) that the operator of the sober living home has an up-to-date medication and diagnoses list for each resident of the home;
b) that each sober living home develop policies and procedures to allow individuals who are on medication-assisted treatment to continue their treatment;
c) that each sober living home post a statement of resident rights, including the right to file a complaint;
d) that each resident is informed of all the rules and residency requirements; and
e) that the emergency contact of a resident is notified in certain circumstances.
7. Requires each sober living home to comply with all federal, state and local laws including the ADA.
8. Establishes that a sober living home operator who fails to attain or maintain certification of the home is subject to a penalty of $1,000.
9. Permits DHS to impose the following penalties for violations regarding resident referrals:
a) $1,000 fine for the first offense;
b) $2,000 for the second offense; and
c) $10,000 for the third offense along with a revocation of the sober living home's license.
10. Requires DHS to establish fees for initial certification, certification renewal and inspections of the certified sober living homes.
11. Directs DHS to keep all fees to a minimum and seek all possible funding sources.
12. Requires DHS to approve procedures for the investigation of complaints against certified sober living homes, and certifying organization reporting requirement.
13. Allows DHS to impose sanctions and commence disciplinary actions against a home.
14. Prohibits, beginning January 1, 2020, a state-contracted vendor or treatment facility from referring a person to any sober living home that is not certified.
15. Establishes, beginning January 1, 2020, that only a certified sober living home may be eligible for federal or state funding.
16. Directs, beginning January 1, 2020, a state or county court to give first consideration to a certified sober living home when making residential recommendations for individuals under its supervision.
17. Allows DHS to conduct periodic reviews and inspect the records of the approved certifying organization to determine if they are complying with the contract.
18. Requires DHS to post on its public website the name and telephone number of each certified sober living home and prohibits DHS from posting sober living home addresses.
19. Permits DHS to access sober living home certification records and information relating to complaints.
20. Requires the approved certifying organization to provide outcome data at least annually to DHS including the following:
a) the number of residents in certified living homes in the preceding 12-month period;
b) the number of admissions, discharges and types of discharges by certified sober living homes;
c) the types of housing to which the residents relocated; and
d) the outcomes of the residents after discharge.
21. Establishes, beginning January 2, 2019, and every January 2 thereafter that DHS submit to the Senate Health and Human Services Committee and the House of Representatives Health Committee a report that includes:
a) the number of certified sober living homes in each city, town and county;
b) the number of homes certified each year;
c) the number of complaints against homes that DHS investigates annually; and
d) the number of enforcement actions the department takes against homes annually.
22. Directs DHS to provide a copy of the annual report to the Secretary of State.
23. Specifies that the term certified is designated only for homes that have a current certification.
24. Defines approved certifying organization, approved national organization, medication-assisted treatment and sober living home.
25. Becomes effective on the general effective date.
Prepared by Senate Research
February 14, 2018
CRS/NW/lat