|
|
ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
Senate: HHS DPA 6-1-0-0 | 3rd Read 20-8-2-0
|
SB 1361: sober living homes
Sponsor: Senator Carroll, LD 28
House Engrossed
Overview
Makes modifications relating to the licensing, oversight and regulations of sober living homes. Increases the cap on civil penalties for violations of sober living homes from $500 to $1,000. Repeals certified sober living homes.
History
A sober living home is any premises, place or building that provides alcohol-free or drug free-housing that: 1) promotes independent living and life skills development; 2) may provide activities that are directed primarily toward recovery from substance use disorders; 3) provides a supervised setting to a group of unrelated individuals who are recovering from substance use disorders; and 4) does not provide any medical or clinical services or medication administration on-site, except for verification of abstinence (A.R.S. § 36-2061).
The Arizona Department of Health Services (DHS) is required to adopt rules to establish minimum standards and requirements for the licensure of sober living homes in Arizona that are necessary to ensure public health, safety and welfare. The DHS Director may use the current standards adopted by any recognized national organization approved by DHS as guidelines in prescribing the minimum standards and requirements. Statute outlines the minimum standards necessary for the DHS Director to adopt for sober living homes. A person operating a sober living home in Arizona that has failed to attain or maintain licensure must pay a civil penalty of $1,000 per violation (A.R.S. § 36-2062).
On determination by the DHS Director that there is reasonable cause to believe a sober living home is not adhering to the licensing requirements, the DHS Director and any duly assigned DHS employee or agent may enter the premises of the sober living home at any reasonable time to determine the home's state of compliance. If an inspection reveals that the sober living home is not adhering to the licensing requirements, the DHS Director may take action. Any sober living home whose license has been suspended or revoked is subject to inspection on the application for licensure or reinstatement of a license. The DHS Director may impose a civil penalty on a person who violates any sober living home regulations in an amount of not more than $500 for each violation (A.R.S. § 36-2063).
A sober living home that is certified by a certifying organization may operate and receive referrals. A sober living home certification is in lieu of licensure until the sober living home is licensed. A certified sober living home must apply to DHS for licensure within 90 days after DHS's initial licensing rules are final. DHS must notify the certifying organization when the initial licensure rules are final. In lieu of an initial on-site licensure survey and any annual on-site survey, DHS must issue a license to a sober living home that submits an application prescribed by DHS and that meets the following requirements: 1) is currently certified as a sober living home by a certifying organization; and 2) meets all department licensure requirements (A.R.S § 36-2064).
Provisions
1. Requires municipalities with zoning ordinances that restrict the distance between sober living homes or that enact building or fire code requirements for the operation of sober living homes to establish a procedure in which a deviation from the requirements may be granted as a reasonable accommodation under the Fair Housing Act. (Sec. 1)
2. Prohibits municipalities from reclassifying single-family homes that are under a local building or fire code solely because it is the subject of a sober living home license application. (Sec. 1)
3. Makes it unlawful for a behavioral health professional or health care institution to offer, pay, solicit or receive any commission, bonus, rebate, kickback or bride, directly or indirectly, in any form whatsoever in return for either:
a) referring patients or clients to or from a sober living home or accepting; or
b) acknowledging the enrollment of a patient or client for substance use disorder services at a sober living home. (Sec. 2)
4. Redefines sober living homes to mean any premises, place, dwelling unit or person that provides any premises, place or dwelling unit, that may provide verification of abstinence and that does at least one of the following:
a) provides alcohol-free and drug-free housing in a supervised, monitored or peer-led environment for individuals who are in recovery or seeking recovery from any substance use disorder; or
b) advertises, markets, holds itself out or otherwise implies through any means, including oral, written, electronic or printed means, that it provides or will provide a living environment directed primarily toward recovery from any substance use disorder and housing that arranges for residents to receive any service or treatment directed toward recovery from any substance use disorder. (Sec. 4)
5. Specifies that a sober living home does not include any premises, place, person or dwelling unit that:
a) is licensed to provide on-site medical services, behavioral health services or medication administration;
b) provides a premise, place or dwelling unit directed toward recovery from any substance use disorder exclusively to residents who meet specified circumstances; or
c) any housing for persons in recovery from substance use disorders that is self-run, self-supported, alcohol and drug free, chartered and monitored by a nationally recognized nonprofit credentialing entity, established in accordance with federal law and held to the standards of the nationally recognized nonprofit credentialing entity. (Sec. 4)
6. Modifies the policies and procedures that DHS must adopt relating to sober living homes. (Sec. 5)
7. Requires DHS standards for the licensure of sober living homes to include policies and procedures for providing activities that promote independent living, life skills development and recovery from substance use disorders. (Sec. 5)
8.
Requires DHS
to identify on each license the maximum number of residents who are allowed to
live in the sober living home, including any manager or other staff living on
the premise
s. (Sec. 5)
9. Requires a sober living home to:
a) obtain and maintain current documentation from the local jurisdiction verifying compliance with all local zoning, building, fire and licensing ordinances and rules; and
b) provide the documentation to DHS on request and in the application for a license, when requesting approval for any proposed change in the maximum number of residents or any construction or modification of the sober living home. (Sec. 5)
10. Requires DHS or its third-party contractor to conduct a physical, on-site inspection of a sober living home to verify compliance with sober living home regulations:
a) before issuing a license or approving any proposed change in the maximum number of residents or any construction or modification of a sober living home;
b) at least annually for each sober living home; and
c) on determination by the DHS Director that reasonable cause exists that a sober living home is not adhering to sober living home regulations. (Sec. 7)
11. Requires DHS or its third-party contractors to complete an investigation of a sober living home that is the subject of a complaint after receiving a complaint that identifies an alleged violation. (Sec. 7)
12. Specifies that if an investigation or inspection of a sober living home reveals that a person violated any regulations then the DHS Director may impose a civil penalty which may be assessed for each resident or person who is impacted by the violation as determined by DHS. (Sec. 7)
13. Requires a person operating a sober living home that has failed to obtain or maintain licensure of the sober living home must pay an additional civil penalty. (Sec. 7)
14. Raises the cap on civil penalties for violations of sober living homes from $500 to $1,000. (Sec. 7)
15. Prescribes factors that DHS must consider when determining the amount of a civil penalty. (Sec. 7)
16. Outlines acts that constitute denying, revoking or suspending a sober living home license. (Sec. 7)
17. Outlines intermediate sanctions that DHS may order for noncompliant sober living homes. (Sec. 7)
18. Requires sober living homes that are sanctioned to notify DHS in writing when it believes it is in substantial compliance and outlines notification requirements, timeframes and administrative hearing procedures. (Sec. 7)
19. Requires third-party contractors to be paid from the Health Services Licensing Fund. (Sec. 7)
20. Prohibits licensure applicants from self-attesting to compliance in lieu of an inspection. (Sec. 7)
21. Requires DHS, if a political subdivision requests an update from DHS on the status of investigating a complaint filed by the political subdivision relating to a sober living home, to notify the political subdivision of the status within five business days after the request. (Sec. 7)
22. Requires DHS, if requested by the political subdivision, to provide to the political subdivision the findings of its investigation, including copies of investigative reports without personal identifying information of the sober living home residents. (Sec. 7)
23. Prohibits DHS from contracting with any owner, operator, administrator or association of sober living homes. (Sec. 7)
24. Requires third-party contractors to be paid from the Health Services Licensing Fund. (Sec. 7)
25. Requires DHS, in lieu of an initial on-site licensure inspection and any annual on-site inspection, to issue a license to a sober living home that submits an application showing:
a) it does not receive any monies from this state or the federal government; and
b) has not been subject to an enforcement action within the preceding year. (Sec. 8)
26. Permits the DHS Director to accept proof that a sober living home is certified, in lieu of all required compliance inspections, if the Director receives a copy of the home's certification report for the licensure period and is certified by a certifying organization. (Sec. 8)
27. Allows DHS to conduct a compliance inspection of the sober living home during the period it does not have a valid certification report for the sober living home if the certification report is not valid for the entire licensure period. (Sec. 8)
28. Requires licensed behavioral health professionals to refer a patient or client only to a licensed sober living home. (Sec. 9)
29. Requires DHS, on request, to disclose the address of a sober living home to a third-party contractor of DHS. (Sec. 10)
30. Clarifies that sober living homes are nor prohibited from publishing or otherwise self-disclosing its address. (Sec. 10)
31. Requires DHS to notify a local jurisdiction of all initial licenses issued in that jurisdiction in the preceding month, if the local jurisdiction provides contact information to DHS for notifications relating to sober living homes. (Sec. 10)
32. Requires DHS, by January 31, to include in its annual report the number of complaints against licensed sober living homes:
a) received by DHS each year;
b) investigated by DHS or its third-party contractor;
c) complaints against residences, places, dwelling units or other premises suspected of being unlicensed sober living homes;
d) enforcement actions against unlicensed sober living homes taken by DHS each year; and
e) investigations resulting from complaints against unlicensed sober living homes including:
a) how many of those investigated met the legal requirements;
b) how the department took actions on its findings. (Sec. 11)
33. Requires DHS, annually on January 31, to submit to the Health and Human Services Committees of the Senate and House of Representatives, or their successor committees, a report on sober living homes that are required to be licensed, but are not, including the number of applicable:
a) complaints received;
b) that were investigated and inspected by DHS or its third-party contractor; and
c) enforcement actions taken. (Sec. 11)
34. Allows DHS to continue to pursue any court, administrative or enforcement action against a licensee even if the sober living home is in the process of being sold transferred or has closed. (Sec. 12)
35. Outlines circumstances in which DHS may revoke, suspend or deny an application for a sober living home license or change in ownership. (Sec. 12)
36. Establishes fingerprinting requirements for sober living homes as a condition of licensure or continued licensure. (Sec. 12)
37. Repeals certified sober living homes. (Sec. 8, 9)
38. Contains an effective date for the sober living home fingerprinting requirements. (Sec. 16)
39. Defines terms related to sober living homes. (Sec. 1, 2, 4, 12-15)
40. Contains a legislative findings and intent clause. (Sec. 6)
41. Makes technical and conforming changes. (Sec. 1-3, 5, 7-9, 10-11, 13-15)
---------- DOCUMENT FOOTER ---------
SB 1361
Initials AG/MT Page 0 House Engrossed
---------- DOCUMENT FOOTER ---------