Assigned to HHS AS
PASSED BY COMMITTEE
Assigned to HHS AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
sober living homes; certification
Purpose
Establishes standards and procedures for certification and licensure of 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 the Director of the Department of Health Services (DHS) to adopt rules to establish minimum standards and requirements for the licensure of sober living homes and allows the Director to use the current standards adopted by any recognized national organization as guidelines.
2) Requires that all sober living homes be licensed and specifies that sober living home licenses are valid for one year.
3) Requires that licensure standards for licensed 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) recovery promotion by requiring residents to participate in treatment or other recovery supports;
g) resident abstinence from alcohol and illicit drugs;
h) maintenance of sober living homes;
i) prohibition of any employee in a sober living home from requiring a resident to relinquish their public assistance benefits; and
j) complaint management.
4) Establishes that licensure standards for licensed sober living homes must include the following requirements:
a) that the operator of the sober living home has an up-to-date medication and medical condition 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.
5)
Requires each sober living home to
comply with all federal, state and local laws including the ADA.
6) Requires a licensed substance use disorder treatment facility that has one or more sober living homes to additionally obtain accreditation from a national accrediting organization.
7) Establishes that a sober living home operator who fails to attain or maintain licensure of a sober living home is subject to a penalty of $1,000 for each violation.
8) Prohibits a person from establishing, conducting or maintain a sober living home unless that person holds a current and valid license or the home is certified.
9) Prohibits a licensee from the following:
a) implying by advertising, directory listing or otherwise that the licensee if authorized to perform more care or specialized treatment than authorized; or
b) transferring or assigning the license to another party.
10) Requires DHS to establish fees for initial and renewal sober living home licenses, including a late payment fee with a grace period.
11) Directs DHS to deposit 90% of licensure fees collected into the Health Services Licensing Fund and the remaining 10% of fees collected into the state General Fund.
12) Allows the Director of DHS (Director) and any duly designated employee or agent, with reasonable cause, to enter the premises of any sober living home to determine compliance with established standards and requirements.
13) Allows the Director to suspend or revoke the license or impose a civil penalty if a sober living home is in violation of established standards and requirements.
14) Caps the civil penalty at $500 per violation and specifies that each day a violation occurs is considered a separate violation.
15) Permits the Director to issue a notice including the proposed penalty to a sober living home found to be in violation of requirements.
16) Restricts the Director from taking further action if a person requests a hearing to appeal a penalty.
17) Stipulates that any sober living home whose license has been suspended or revoked is subject to inspection upon applying for relicensure or reinstatement of a license.
18) Specifies that a certified sober living home may receive referrals.
19) Stipulates that a sober living home certification is in lieu of licensure until two years after DHS has notified the certifying agency that licensure has been implemented.
20) Directs DHS to issue a license to a sober living home, in lieu of an initial on-site licensure survey, if the application meets the following requirements:
a) is currently certified as a sober living home by a certifying organization; and
b) meets all department licensure requirements.
21) Prohibits, beginning January 1, 2019, a state-contracted vendor or treatment facility from referring a person to any sober living home that is not certified or licensed.
22) Establishes the following, beginning January 1, 2019:
a) only a certified or licensed sober living home may be eligible for federal or state funding;
b) a person whose substance abuse treatment is funded by federal or state funding can only be referred to a certified or licensed sober living home;
c) a licensed healthcare institution that provides substance abuse treatment can only refer a patient or client to a certified or licensed sober living home;
d) a licensed behavioral health provider can only refer a patient or client to a certified or licensed sober living home.
23) Directs, beginning January 1, 2019, a state or county court to give first consideration to a certified or licensed sober living home when making residential recommendations for individuals under its supervision.
24) Requires DHS to post on its public website the name and telephone number of each certified and licensed sober living home and prohibits DHS from posting sober living home addresses.
25) Establishes, beginning January 2, 2020, 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 the following:
a) the number of licensed sober living homes in each city, town and county;
b) the number of homes licensed 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.
26) Directs DHS to provide a copy of the annual report to the Secretary of State.
27) Exempts DHS from the rulemaking requirements for two years after the general effective date.
28) Eliminates, on January 1, 2020, the ability of cities, towns and counties to adopt ordinance standards for sober living homes.
29) Defines certifying organization, medication-assisted treatment and sober living home.
30) Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Restores statute permitting municipalities to limit of prohibit the use of rentals for the purpose of operating or maintaining sober living homes.
2. Repeals statute permitting municipalities and to adopt sober living home ordinance standards on January 1, 2020.
3. Removes the policy and procedure that requires a criminal background check for owners and employees of sober living homes.
4. Removes provisions that prohibit owners or employees from soliciting a commission or fee from various parties.
5. Changes the effective date of the sections including patient referral by a state-contracted vendor, federal or state funding eligibility and court referrals to January 1, 2019 instead 2020.
6. Allows the Director or any duly designated employee with reasonable cause to inspect a home.
7. Permits the Director to suspend or revoke a license or impose a civil penalty to a non-compliant home.
8. Removes the yearly outcome data report.
9. Establishes that certification is in lieu of licensure until two years after licensure has been implemented by DHS.
Senate Action
HHS 2/16/18 DPA 7-0-0
Prepared by Senate Research
February 21, 2018
CRS/NW/lat