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HomeMy WebLinkAbout2018-06-12 - AGENDA REPORTS - AB 3162 (2)6 Agenda Item: 6 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: June 12, 2018 SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 3162 DEPARTMENT: City Manager's Office PRESENTER: Masis Hagobian RECOMMENDED ACTION 3162 and transmit position statements to Assembly Member Laura Friedman legislative delegation, appropriate legislative committees, Governor Brown, and the League of California Cities. BACKGROUND Authored by Assembly Member Laura Friedman (D-43-Glendale), Assembly Bill 3162 makes changes to the licensing process of alcoholism and drug abuse recovery and treatment facilities. Existing State law establishes the California Department of Health Care Services (DHCS) to oversee the licensure and regulation of adult alcoholism and drug abuse recovery and treatment facilities. Additionally, existing law permits new alcoholism and drug abuse recovery and treatment facility licenses to be issued for a period of two years. This bill would make the following changes: 1. Requires DHCS to post the address of a new proposed treatment facility at least 45 days prior to approving any new application. 2. Reduces an initial license for a new treatment facility to be provisional for one year. 3. Increases the civil penalty assessed by DHCS when a treatment facility is operating without a license from $200 to $2,000 for every day the treatment facility continues to provide services beyond the date that the license was revoked by DHCS. According to the author of this bill, state licensed residential alcohol and drug abuse treatment facilities often expand into adjacent neighboring residences, which create dense campus-style facilities that detract from the benefits of residents of a treatment facility being integrated into a Page 1 Packet Pg. 118 6 neighborhood. The expansion of these treatment facilities often occurs without any review by DHCS or a license. This bill enables cities to be made aware of a pending application with DHCS. The bill also deters residential alcohol and drug abuse treatment facilities from illegally expanding their facilities by increasing fines for those caught providing services beyond the date a license for a treatment facility is revoked by DHCS. 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 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 Assembly Bill 3162 was introduced on February 16, 2018, passed the Assembly (71-0-7) on May 25, 2018, and is pending a review in the Senate. Assembly Members Dante Acosta and Tom Lackey voted in support of this bill. The City Council Legislative Committee met on May 25, 2018, and recommends that the City ALTERNATIVE ACTION 3. Take no action on Assembly Bill 3162 4. Refer Assembly Bill 3162 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 Assembly Bill 3162 - Bill Text Page 2 Packet Pg. 119 6.a AMENDED IN ASSEMBLY MAY 14, 2018 AMENDED IN ASSEMBLYAPRIL 19, 2018 california legislature201718 regular session ASSEMBLY BILL No. 3162 Introduced by Assembly Member Friedman (Coauthor:Assembly Member Quirk-Silva) (Coauthors: Senators Allen and Stern) February 16, 2018 An act to amend Sections 11834.31 and 11834.34 of, and to repeal and add Sections 11834.09 and 11834.10 of, the Health and Safety Code, relating to alcoholism or drug abuse. legislative counsels digest AB 3162, as amended, Friedman.Alcoholism or drug abuse treatment facilities. Existing law provides for the licensure and regulation of alcoholism or drug abuse recovery or treatment facilities serving adults by the State Department of Health Care Services, as prescribed. Existing law makes a violation of these provisions punishable by a civil penalty of not less than $25 or more than $50 per day for each violation, with additional penalties for repeat violations, as speciŒed. This bill would require the department, at least 45 days prior to approving any application for any new facility, to post on its Internet Web site the address of the proposed new facility.The bill would additionally make initial licenses issued to providers provisional for one year and revokable revocable for good cause, as deŒned. The bill would require all programs and medical services offered or provided by a licensed alcoholism or drug abuse recovery or treatment facility Attachment: Assembly Bill 3162 - Bill Text (State Legislation: Assembly Bill 3162) 97 Packet Pg. 120 6.a ¨2 ¨ AB 3162 to be speciŒed in the license application and provided exclusively within the licensed facility on the licensed property and for the beneŒt of the residents.The bill would increase the penalties for a violation of the licensing and regulatory provisions to not less than $1,000 $250 or more than $15,000 $500 per day for each violation, except as speciŒed, and increase the additional penalties for repeat violations, as speciŒed. The bill would prohibit a person or entity found to be in violation of the licensing provisions described above from applying for initial licensure for 2 years, as speciŒed. The bill would require the department to adopt regulations to implement these provisions on or before July 1, 2022, and would authorize the department to issue provider bulletins, written guidelines, or similar instructions until regulations are adopted, as speciŒed. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1SECTION 1.Section 11834.09 of the Health and Safety Code line 2is repealed. line 3SEC. 2.Section 11834.09 is added to the Health and Safety line 4Code, to read: line 511834.09.(a) Pending the department's review and line 6determination that the prospective licensee can comply with this line 7chapter and regulations adopted pursuant to this chapter, the line 8department shall post notice on its Internet Web site of the address line 9of the proposed facility at least 45 days prior to the department's line 10issuance of a license or denial of the applications. application. line 11(b) The department may issue a single license to operate an line 12alcoholism or drug abuse recovery or treatment facility upon receipt line 13of a completed written application, Œre clearance, and licensing line 14fee subject to the department's review and determination that the line 15applicant can comply with this chapter and regulations adopted line 16pursuant to this chapter. line 17(c) Failure to submit a completed written application, Œre line 18clearance, and payment of the required licensing fee in a timely line 19manner shall result in termination of the department's licensure line 20review and shall require submission of a new application by the line 21applicant. Attachment: Assembly Bill 3162 - Bill Text (State Legislation: Assembly Bill 3162) 97 Packet Pg. 121 6.a ¨3 ¨ AB 3162 line 1(d) Failure of the applicant to demonstrate the ability to comply line 2with this chapter or the regulations adopted pursuant to this chapter line 3shall result in departmental denial of the application for licensure. line 4(e) Initial licenses for new facilities shall be provisional for one line 5year. During the term of the provisional license, the department line 6may revoke the license for good cause. For the purposes of this line 7section, ˆgood cause– means failure to operate in compliance with line 8this chapter or the regulations adopted pursuant to this chapter.A line 9licensee may not reapply for an initial license for two years line 10following a revocation of a provisional license. line 11(f) On or before July 1, 2022, the department shall adopt line 12regulations to implement this section in accordance with the line 13Administrative Procedure Act (Chapter 3.5 (commencing with line 14Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 15Code). line 16(g) Notwithstanding the rulemaking provisions of the line 17Administrative Procedure Act, the department may, if it deems line 18appropriate, implement, interpret, or make speciŒc this section by line 19means of provider bulletins, written guidelines, or similar line 20instructions from the department, until regulations are adopted. line 21SEC. 3.Section 11834.10 of the Health and Safety Code is line 22repealed. line 23SEC. 4.Section 11834.10 is added to the Health and Safety line 24Code, to read: line 2511834.10.(a) A licensee shall not operate an alcoholism or line 26drug abuse recovery or treatment facility beyond the conditions line 27and limitations speciŒed on the license. All programs and services line 28offered or provided by a licensed alcoholism or drug abuse line 29recovery or treatment facility, including, but not limited to, line 30incidental medical services pursuant to Section 11834.025, shall line 31be speciŒed in the license application and provided exclusively line 32within the licensed facility on the licensed property and for the line 33beneŒt of the residents. line 34(b) On or before July 1, 2022, the department shall adopt line 35regulations to implement this section in accordance with the line 36Administrative Procedure Act (Chapter 3.5 (commencing with line 37Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 38Code). line 39(c) Notwithstanding the rulemaking provisions of the line 40Administrative Procedure Act, the department may, if it deems Attachment: Assembly Bill 3162 - Bill Text (State Legislation: Assembly Bill 3162) 97 Packet Pg. 122 6.a ¨4 ¨ AB 3162 line 1appropriate, implement, interpret, or make speciŒc this section by line 2means of provider bulletins, written guidelines, or similar line 3instructions from the department, until regulations are adopted. line 4SEC. 5.Section 11834.31 of the Health and Safety Code is line 5amended to read: line 611834.31.If a facility is alleged to be in violation of Section line 711834.30, the department shall conduct a site visit to investigate line 8the allegation. If the department's employee or agent Œnds evidence line 9that the facility is providing alcoholism or drug abuse recovery, line 10treatment, or detoxiŒcation services without a license, the employee line 11or agent shall take the following actions: line 12(a) Submit the Œndings of the investigation to the department. line 13(b) Upon departmental authorization, issue a written notice to line 14the facility stating that the facility is operating in violation of line 15Section 11834.30. The notice shall include all of the following: line 16(1) The date by which the facility shall cease providing services. line 17(2) Notice that the department will assess against the facility a line 18civil penalty, as determined by the department, not to exceed two line 19thousand dollars ($2,000) per day for every day the facility line 20continues to provide services beyond the date speciŒed in the line 21notice. line 22(3) Notice that the case will be referred for civil proceedings line 23pursuant to Section 11834.32 in the event the facility continues to line 24provide services beyond the date speciŒed in the notice. line 25(c) Inform the facility of the licensing requirements of this line 26chapter. line 27(d) A person or entity found to be in violation of Section line 2811834.30 shall be prohibited from applying for initial licensure line 29for a period of two years from the date of the notice speciŒed in line 30subdivision (b). line 31SEC. 6.Section 11834.34 of the Health and Safety Code is line 32amended to read: line 3311834.34.(a) In addition to the penalties of suspension or line 34revocation of a license issued under this chapter, the department line 35may also levy a civil penalty for violation of this chapter or the line 36regulations adopted pursuant to this chapter. line 37(1) The amount of the civil penalty, as determined by the line 38department, shall not be less than one thousand dollars ($1,000) line 39 two hundred Œfty dollars ($250) or more than Œfteen thousand line 40dollars ($15,000) Œve hundred dollars ($500) per day for each Attachment: Assembly Bill 3162 - Bill Text (State Legislation: Assembly Bill 3162) 97 Packet Pg. 123 6.a ¨5 ¨ AB 3162 line 1violation, except where the nature or seriousness of the violation line 2or the frequency of the violation warrants a higher penalty or an line 3immediate civil penalty assessment, or both, as determined by the line 4department. In no event shall a civil penalty assessment exceed line 5Œfteen thousand dollars ($15,000) one thousand dollars ($1,000) line 6per day. line 7(2) A licensee that is cited for repeating the same violation line 8within 24 months of the Œrst violation is subject to an immediate line 9civil penalty, as determined by the department, not to exceed one line 10thousand Œve hundred dollars ($1,500) and one thousand dollars line 11($1,000) Œve hundred dollars ($500) and seven hundred Œfty line 12 dollars ($750) for each day the violation continues until the line 13deŒciency is corrected. line 14(3) A licensee that has been assessed a civil penalty pursuant line 15to paragraph (2) that repeats the same violation within 24 months line 16of the violation subject to paragraph (2) is subject to an immediate line 17civil penalty, as determined by the department, not to exceed two line 18thousand dollars ($2,000) penalty of Œve hundred dollars ($500) line 19 and one thousand dollars ($1,000) for each day the violation line 20continues until the deŒciency is corrected. line 21(b) Prior to the assessment of any civil penalty, the department line 22shall provide the licensee with notice requiring the licensee to line 23correct the deŒciency within the period of time speciŒed in the line 24notice. O Attachment: Assembly Bill 3162 - Bill Text (State Legislation: Assembly Bill 3162) 97 Packet Pg. 124