HomeMy WebLinkAbout2018-05-22 - AGENDA REPORTS - ASSEMBLY BILL 2214 (2)Agenda Item: 6
CITY OF SANTA CLARITA
' AGENDA REPORT
CONSENT CALENDAR
t,
CITY MANAGER APPROVAL: �1
DATE: May 22, 2018
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 2214
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the Legislative Committee's recommendation to support Assembly Bill 2214
and transmit position statements to Assembly Member Freddie Rodriguez, Assembly Member
Melissa Mendez, Santa Clarita's state legislative delegation, appropriate legislative committees,
Governor Brown, and the League of California Cities.
BACKGROUND
Authored by Assembly Member Freddie Rodriguez (D -52 -Pomona), Assembly Bill 2214
establishes a voluntary certification program for drug and alcohol residential recovery facilities.
This bill is sponsored by the California Consortium of Addition Programs and Professionals, an
organization that certifies sober living homes.
Existing State law allows the California Department of Health Care Services (DHCS) to oversee
the licensure and regulation of adult alcoholism and drug abuse recovery and treatment facilities.
Assembly Bill 2214 establishes a voluntary certification program in DHCS to allow for drug and
alcohol residential recovery facilities to apply and become certified by an approved certifying
organization. The certifications would be made by industry and nonprofit organizations.
This bill would also require that drug and alcohol residential recovery facilities, certified through
the proposed process in this bill, be prioritized above noncertified facilities in the case of
referrals as a condition of an individual's parole or release from custody.
Specifically, this bill:
1. Authorizes DHCS to oversee a statewide voluntary certification program for drug and
alcohol residential recovery facilities.
2. Requires a certified drug and alcohol residential recovery facility to meet specific
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requirements including:
a. Adopting a policy for informing local government officials and neighbors the
contact information of the operator of the recovery residence and the
organization's complaint procedures;
b. Submitting to DHCS, a written code of conduct for a recovery residence that
incorporates national standards for legal and ethical conduct for recovery
residences;
c. Submitting to DHCS, disciplinary guidelines that include sanctions for violations
of the residential recovery facility's code of conduct and allows for DHCS to
revoke the certification of the residential recovery facility if the required
correction action is not completed within the specified time period;
d. Submitting to a city and county information related to the address and contact
information of a certified recovery residence within 30 days of certification of that
recovery facility; and
e. Requiring certified recovery residence to respond to complaints within one
business day.
3. Requires that when a person is ordered to reside in a sober living environment for
purposes of terms and conditions of release, parole, or discharge of a person from
custody, a judge first refer that person to a recovery facility that is certified by DHCS.
4. Authorizes DHCS to conduct periodic reviews and inspections of certified drug and
alcohol residential recovery facilities.
5. Authorizes a city, county, or local law enforcement agency to request DHCS revoke the
certification of a recovery facility, if the local agency suspects that a recovery facility is
not operating in compliance.
6. Requires DHCS to report to the Legislature on or before January 1, 2021, regarding the
efficacy of the certification program on complaint resolutions, including the geographic
concentration of reported complaints.
The City of Santa Clarita 2018 Legislative Platform includes components related to State
requirements on alcohol and drug recovery facilities. Specifically, component 21 under the
"State" section of the Legislative Platform advises that the City Council, "Support legislation
requiring transparency in the state licensing requirements for alcohol and drug residential
rehabilitation or recovery facilities on par with public noticing requirements for group home
facilities."
Assembly Bill 2214 is coauthored by Assembly Member Dante Acosta and Assembly Member
Tom Lackey. The bill was introduced on February 12, 2018, and was passed by the Assembly
Committee on Health (13-0-2) on March 20, 2018. Assembly Bill 2214 was referred to the
Assembly Committee on Appropriations and is currently placed on the suspense file.
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The City Council Legislative Committee met on May 8, 2018, and recommends that the City
Council adopt a "support" position for Assembly Bill 2214.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on Assembly Bill 2214
2. Adopt an "oppose" position on Assembly Bill 2214
3. Take no action on Assembly Bill 2214
4. Refer Assembly Bill 2214 back to the Legislative Committee
5. Other action, as determined by the City Council
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2017-18 budget.
ATTACHMENTS
AB 2214 - Bill Text
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AMENDED IN ASSEMBLY APRIL 11, 2018
AMENDED IN ASSEMBLY APRIL 2, 2018
AMENDED IN ASSEMBLY MARCH 12, 2018
CALIFORNIA LEGISLATURE -2017-18 REGULAR SESSION
ASSEMBLY BILL No. 2214
Introduced by Assembly Members Rodriguez and Melendez
(Coauthors: Assembly Members Acosta, Cervantes, Gallagher,
Gray, Lackey, and Nazarian)
(Coauthor: Senator Bates)
February 12, 2018
An act to add and repeal Section 11834.19 of the Health and Safety
Code, relating to residential facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2214, as amended, Rodriguez. 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
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AB 2214 —2—
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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 organization's 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, i `'tal ease, and would authorize those entities to notify
the State Depaftment of Heafth Gare Serviees 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,
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—3—
AB 2214
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) (1) Substance use disorder is ranked in the top five clinically
4 preventable burdens on health care spending.
5 (2) The level of health care services used by substance use
6 disorder patients before receiving treatment is more than double
7 that of nonaddicts. It has been shown that after 12 months of
8 treatment of substance use disorders, the levels of health care
9 services used return to almost average.
10 (3) An estimated four to five years is necessary for persons
11 experiencing the chronic disease of addiction to reach a full,
12 sustained recovery and the first 30 to 90 days after initial treatment
13 are the most critical for preventing relapse, making it imperative
14 that recovery residences be expanded as a means of reducing costs
15 associated with multiple treatment episodes.
16 (4) There are an estimated 3.5 million persons with diagnosable
17 substance use disorders in California and a limited number of
18 available recovery residences to effectively provide healthy living
19 environments for long-term recovery.
20 (5) The need for quality recovery residence housing will
21 continue to rise throughout the next decade.
22 (b) Therefore, it is the intent of the Legislature, in enacting this
23 act, to establish a voluntary recovery residence certification
24 program so that all of the following may occur:
25 (1) Access to recovery residence housing can be expanded.
26 (2) Those seeking recovery housing for substance use disorders
27 in California will find a coordinated system of care in which "no
28 wrong door" is found in response to accessing healthy
29 environments to reside in where long-term recovery can be
30 supported.
31 (3) Quality recovery residences can be recognized for their
32 valuable contributions to the continuum of care in addiction
33 treatment and recovery.
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1 SEC. 2. Section 11834.19 is added to the Health and Safety
2 Code, to read:
3 11834.19. (a) (1) For purposes of this section, "recovery
4 residence" means a residential property that is operated as a
5 cooperative living arrangement to provide an alcohol and drug
6 free environment for persons recovering from alcoholism or drug
7 abuse, or both, who seek a living environment that supports
8 personal recovery.
9 (2) A recovery residence may demonstrate its commitment to
10 providing a supportive recovery environment by applying and
11 becoming certified by an approved certifying organization pursuant
12 to subdivision (c).
13 (3) To use the designation "certified recovery residence" the
14 cooperative living arrangement shall satisfy all of the following
15 requirements:
16 (A) Owners, managers, operators, and residents observe and
17 promote a zero tolerance policy regarding the consumption or
18 possession of alcohol or controlled substances or marijuana being
19 used in any manner not consistent with a documented prescription.
20 (B) Residents actively participate in community or individual
21 programs of recovery from substance use disorder, including, but
22 not limited to, Alcoholics Anonymous or Narcotics Anonymous
23 programs.
24 (C) Within the recovery residence, a resident who has been
25 referred to, and has access to, ongoing outpatient treatment,
26 aftercare, or other recovery maintenance services commits to
27 continue to use these services in accordance with a clinically
28 managed system of care, if one exists for the resident.
29 (4) A residence that houses persons who are committed to
30 recovering from drug and alcohol addiction shall be presumed to
31 be a recovery residence if the residence has been certified by an
32 approved certifying organization.
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37 (b) For purposes of this section, the following definitions apply:
38 (1) "Approved certifying organization" means an organization
39 approved by the department to certify a residence as a recovery
40 residence pursuant to this section.
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1 (2) "Approved national organization" means a national
2 organization, recognized by the department, the primary function
3 of which is to improve access to, and the quality of, recovery
4 residences through standards, education, research, and advocacy.
5 (3) "Recovery specialist training" means training in recognizing
6 addiction, dependence, abuse of alcohol or other drugs, and other
7 symptoms that relate to substance use, and supporting recovery to
8 address that addiction, dependence, or use.
9 (c) An approved certifying organization shall do all of the
10 following:
11 (1) Maintain an office in the state.
12 (2) Maintain nonprofit status in the state.
13 (3) Be an affiliate of, and continuously maintain affiliation with,
14 the approved national organization recognized by the department.
15 (4) Maintain the most current standards published by the
16 approved national organization.
17 (5) Document that the organization actively develops and confers
18 professional, residential, or organizational quality designations
19 according to applicable nationally recognized standards.
20 (6) Demonstrate that it has and uses established recovery
21 residence certification requirements.
22 (7) Demonstrate that it has and uses procedures to administer
23 the application, certification, renewal, and disciplinary processes
24 for a recovery residence.
25 (8) (A) Inspect, at least annually, a recovery residence to ensure
26 compliance with certification requirements.
27 (B) Conduct, at the discretion of the approved certifying
28 organization, periodic reviews of a residence to determine whether
29 the residence is in compliance with all applicable laws.
30 (C) Revoke the certification of a residence if the residence is
31 not operating in compliance with certification requirements or
32 applicable laws, and notify the department of the revocation.
33 (9) Submit to the department and the operator of a residence
34 that the organization certifies a written code of conduct for a
35 recovery residence that incorporates national standards for legal
36 and ethical conduct for recovery residences.
37 (10) Submit to the department and the operator of a recovery
38 residence disciplinary guidelines that include sanctions for first
39 and subsequent violations of the organization's code of conduct,
40 that allow the recovery residence notice and opportunity to correct
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1 a violation, and that require the approved certifying organization
2 to revoke the certification of the residence if the required corrective
3 action is not completed within the specified time period and to
4 notify the department of the revocation.
5 (11) Respond to and investigate suspected violations of the
6 organization's code of conduct.
7 (12) Require an operator who seeks to have a residence certified
8 to submit all of the following documents with the operator's
9 completed application and fee:
10 (A) Procedures and requirements for verifying that a resident
11 is not using alcohol or drugs in a manner not consistent with a
12 prescription or product labeling.
13 (B) A prohibition on the premises against alcohol, illegal drugs,
14 or the use of prescribed medications by an individual except as
15 prescribed by a physician and used in accordance with the
16 prescription.
17 (C) Policies to support a resident's recovery efforts.
18 (D) A good neighbor policy to address neighborhood concerns
19 and complaints.
20 (E) A policy for informing local government officials and
21 neighbors about the approved certification organization's complaint
22 procedures, the contact number of the operator of the residence,
23 and a contact number of at least one resident assigned with the
24 responsibility of mitigating a complaint.
25 (F) Rules for residents, copies of forms provided to residents,
26 relapse policy, fee and refund policies, and eviction procedures
27 and policies.
28 (G) Proof that the owner or operator of the residence has
29 completed a minimum of 10 hours of alcohol and drug free
30 program management education accepted by the approved
31 certifying organization.
32 (H) Proof that at least one resident or an onsite staff member
33 has completed or will complete a minimum of 10 hours of recovery
34 specialist training accepted by the approved certifying organization.
35 At least one resident or onsite staff member shall complete a
36 minimum of 10 hours of this training each year. Training shall
37 include, at a minimum, the subjects of ethics, health and safety
38 topics related to addiction recovery and maintenance, and
39 emergency planning procedures.
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(13) Maintain and post on its Internet Web site a registry
containing the street address and the name and contact telephone
number of the operator of each residence that chooses to be listed
as a certified recovery residence pursuant to this section.
(14) Make available to the department a nonpublic, confidential
Internet Web site registry containing the street address and the
name and contact telephone number of the operator of each
residence it has certified as a recovery residence pursuant to this
section.
(15) (A) Review the registry posted on the department's Internet
Web site pursuant to subdivision (i) to determine whether the
residence that the operator has applied to have certified has had a
previous certification revoked or the operator submitting the
application for certification has operated a residence for which a
previous certification has been revoked.
(B) Deny an application for certification if the residence address
or operator name in the application is listed on the registry and
satisfies the conditions described in subparagraph (A), and send
the applicant a written notice of denial of certification.
(C) Deny an application for certification if the residence owner
or operator name in the application is listed on the Office of the
Inspector General exclusions list under the authority of Sections
1128 and 1156 of the Social Security Act.
(16) Provide a public telephone number and email contact
specifically dedicated to certified recovery residence complaint
resolution whereby complaints shall be responded to within 24
hours, or the next business day for weekend complaints. Certifying
organization complaint telephone and email contact information
shall be provided to all cities, counties, or cities and counties in
which a certified recovery residence is located within 30 days of
approval of that residence.
(17) Publish certification fees and keep fees consistent with
national standards for certification.
(d) The department shall adopt application procedures and
standards of approval for an organization that seeks to become an
approved certifying organization.
(e) The department shall adopt application procedures and
standards of approval for an organization that seeks to become an
approved national organization.
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1 (f) (1) The department may conduct periodic reviews and
2 inspect the records of an approved certifying organization, as
3 necessary, to determine whether the organization is in compliance
4 with all applicable laws.
5 (2) The department may revoke approval of an approved
6 certifying organization if the organization does any of the
7 following:
8 (A) Ceases to be affiliated with the approved national
9 organization.
10 (B) Fails to perform any of the duties imposed by subdivision
11 (c).
12 (C) Refuses to comply with sanctions imposed by the
13 department.
14 (D) Discontinues certifying recovery residences.
15 (g) (1) The department may investigate complaints it receives
16 regarding a recovery residence independently or in conjunction
17 with the approved certifying organization.
18 (2) The department may require certifying organizations to
19 impose sanctions and commence disciplinary actions, including
20 revoking the certification of a residence as a recovery residence.
21 (3) The department may require revocation of certification if
22 an applicant has previously applied for a license to operate a
23 residential alcoholism or drug abuse recovery or treatment facility,
24 or certified alcoholism or drug abuse recovery or treatment
25 program, or previously held a license to operate a residential
26 alcoholism or drug abuse recovery or treatment facility, and that
27 application was denied or the previous license was revoked,
28 suspended, terminated, surrendered, forfeited, or otherwise had
29 disciplinary or administrative action taken against it by the
30 department, including imposition of civil penalties, that the
31 department determines would make its certification inconsistent
32 with ethical and safety standards required for certification.
33 (h) A city, county, city and county, or local law enforcement
34 agency that suspects that a recovery residence is not operating in
35 compliance with the residence's code of conduct may request the
36 department to revoke the certification of that residence.
37 (i) The department shall maintain and post on its Internet Web
38 site a registry containing the following information:
39 (1) The street address of each residence that has had its
40 certification revoked.
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1 (2) The name of each operator of a residence that has had its
2 certification revoked.
3 0) (1) Notwithstanding any other law, on and after January 1,
4 2020, a state agency, state contracted vendor, county agency,
5 county contracted vendor, licensed or certified alcohol drug
6 treatment program, certified alcohol drug counselor, or a person
7 or entity licensed in the healing arts pursuant to Division 2
8 (commencing with Section 500) of the Business and Professions
9 Code that directs substance use treatment, shall first, when referring
10 a person to a recovery residence as part of its duties with regard
11 to substance use treatment, refer that person to a residence listed
12 as a certified recovery residence on a registry posted by an
13 approved certifying organization, if available.
14 (2) A judge or parole board that sets terms and conditions for
15 the release, parole, or discharge of a person from custody, if it
16 requires a person to reside in a sober living environment, shall
17 first, when referring a person to a recovery residence as part of its
18 duties with regard to substance use treatment, refer that person to
19 a residence listed as a certified recovery residence on a registry
20 posted by an approved certifying organization, if available, to
21 guarantee proper rehabilitation in accordance with the terms and
22 conditions of the court's orders or terms of release as applicable,
23 pursuant to subdivision (a) of Section 1170 of the Penal Code.
24 This section does not prohibit a judge or parole board that sets
25 terms and conditions for the release, parole, or discharge of a
26 person from custody from referring a person to a noncertified
27 recovery residence.
28 (k) An entity or person specified in subdivision 0) may refer
29 an individual to a noncertified recovery residence, if the entity or
30 person determines it is in the individual's best interest, and, upon
31 making that referral,shall may notify the State Department 0
32 Heafth !-'are Serv:ees department of that-deei4orr. decision without
33 divulging the name of the person being referred, or the residence
34 to which the referral is made.
35 (l) This section does not prohibit any county contracting
36 authority from requiring similar or additional quality and
37 performance standards when contracting for recovery residence
38 or sober living services and does not require any county to become
39 a certifying organization in order to certify recovery residences
40 for the purpose of meeting contractual obligations within a county.
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1 (m) A recognized certifying organization may enter into a
2 memorandum of understanding with a county for the purposes of
3 determining if the county's requirements meet or exceed the
4 minimum requirements of the certifying organization. A
5 memorandum of understanding may include the granting of
6 reciprocal certifications based upon the requirements of the county
7 contract, listing county certified recovery residences on the
8 certifying organization's Internet Web site, and coordination
9 regarding complaint resolution.
10 (n) (1) The department shall report to the Legislature on or
11 before January 1, 2021, regarding the efficacy of its regulation of
12 certifying organizations' impact on complaint resolution. The
13 report shall include, but not be limited to, the number and types
14 of complaints received by certifying organizations and the
15 department, the status of complaints received, and the geographic
16 concentration of reported complaints.
17 (2) The report submitted pursuant to paragraph (1) shall be
18 submitted in compliance with Section 9795 of the Government
19 Code.
20 (o) This section shall remain in effect only until January 1, 2026,
21 and as of that date is repealed.
22 SEC. 3. If the Commission on State Mandates determines that
23 this act contains costs mandated by the state, reimbursement to
24 local agencies and school districts for those costs shall be made
25 pursuant to Part 7 (commencing with Section 17500) of Division
26 4 of Title 2 of the Government Code.
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