AB 2214: Recovery residences.

Existing law provides for the licensure and regulation of community care facilities by the State Department of Social Services. Existing law also provides for the licensure and regulation by the State Department of Health Care Services of adult alcoholism and drug abuse recovery and treatment facilities for adults.

This bill would, among other things, define a recovery residence as a residential property that is operated as a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcoholism or drug abuse, or both, who seek a living environment that supports personal recovery. The bill would authorize a recovery residence to demonstrate its commitment to providing a supportive recovery environment by applying and becoming certified by a certifying organization that is approved by the State Department of Health Care Services. The bill would require an approved certifying organization to, among other things, maintain an affiliation with a national organization recognized by the department, establish and use procedures to administer the application, certification, renewal, and disciplinary processes for a recovery residence, and investigate and enforce violations by a residence of the organizations code of conduct, as provided. The bill would specify the information and documentation that an operator who seeks to have a residence certified is required to submit to an approved certifying organization.

This bill would require an approved certifying organization to maintain and post on its Internet Web site a registry containing specified information of a residence that has been certified pursuant to these provisions, and would require the department to maintain and post on its Internet Web site a registry that contains specified information regarding each residence and operator that has had its certification revoked.

This bill would require, on and after January 1, 2020, specified entities, including a state agency, state-contracted vendor, county agency, or county-contracted vendor, certified alcohol drug counselor, and person or entity licensed in the healing arts that directs substance use treatment, or a judge or parole board that sets terms and conditions for the release, parole, or discharge of a person from custody, if it requires that person to reside in a sober living environment, to first refer that person to a residence listed as a certified recovery residence on a registry posted by an approved certifying organization, if available. The bill would authorize those entities to refer persons to noncertified recovery residences, if they determine it is in the best interests of those persons, and, in that case, and would authorize those entities to notify the State Department of Health Care Services department of their decision. The bill would require the department to report to the Legislature on or before January 1, 2021, regarding the efficacy of its regulation of certifying organizations impact on complaint resolution, as specified. By imposing additional duties on local governments, this bill would create a state-mandated local program. The bill would provide for the repeal of all of these provisions on January 1, 2026.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.