Amended
IN
Assembly
June 17, 2024 |
Amended
IN
Senate
May 16, 2024 |
Amended
IN
Senate
April 29, 2024 |
Amended
IN
Senate
April 15, 2024 |
Amended
IN
Senate
March 20, 2024 |
Introduced by Senator Allen |
February 16, 2024 |
The bill would require the department to adopt or amend regulations to require referring entities to provide information relating to the license or certification status of community care facilities and supportive community residences to individuals with a substance use disorder, mental health diagnosis, or dual diagnosis, and to report any suspected fraudulent license or
certification identified during verification to the department. The bill would define “referring entity” to include a state or local entity, or a state-regulated entity that provides adults with substance use disorders or mental health diagnoses with referrals to, or that authorizes health care coverage for, services provided by supportive community residences or licensed community care residential facilities. The bill also would require the regulations to include enforcement methods for willful and repeated violations of those requirements by referring entities.
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.
(b)“Referring entity” means a state or local entity, or a state-regulated entity that does either of the following:
(1)Discharges, directs, or provides a list of one or more supportive community residences or community care-licensed facilities for adults with a substance use disorder or mental health diagnosis.
(2)Preauthorizes or authorizes the health care coverage of services provided by supportive community residences or licensed community care residential facilities.
(c)(1)“Supportive community residence” means any of the following residential dwellings providing housing for adults with a substance use disorder, mental health diagnosis, or dual diagnosis seeking a cooperative living arrangement that does not provide medical care or a level of support for activities of daily living that require state licensing:
(A)Recovery residences, as defined in subdivision (f) of Section 11833.05, that serve people in recovery for a substance use disorder.
(B)Mental health recovery residences that serve people in recovery for a mental health diagnosis.
(C)Mixed recovery residences that serve people in recovery for a dual diagnosis of both a substance use disorder and a mental health diagnosis.
(2)Supportive community residences may be categorized as any of the following:
(A)“Abstinence-based” residences that serve people who desire a cooperative housing setting that prioritizes and requires abstinence from alcohol and other substances.
(B)“Non-abstinence-based” residences that serve people who desire a cooperative housing setting that does not require abstinence from alcohol and other substances.
(C)“Housing First compliant” residences that satisfy the core components of Housing First pursuant to Section 8255 of the Welfare and Institutions Code.
(D)“Non-Housing First compliant” residences that have requirements for abstinence or medication compliance or other restrictions as a condition of housing.
(3)Procedures and penalties for enforcing laws and regulations governing supportive community residences that do not remediate deficiencies within the designated timeframe, conditions under which a supportive community residence may be decertified, and the means by which a supportive community residence may regain certification.
(4)
(c)Adopt or amend relevant regulations relating to referring entity practices, including:
(1)Requiring referring entities to provide the following information to individuals with a substance use disorder, mental health diagnosis, or dual diagnosis, as applicable:
(A)The verified community care or supportive community residence’s license or certification number.
(B)Contact information for the licensing or certifying agency. For purposes of this chapter, “verified” means that the license or certification that the entity holds is current and active, and is aligned with the services the entity is offering to provide.
(2)Report to the department any suspected fraudulent license or certification identified during verification.
(3)Establish when, and how frequently, a referring entity is required to verify licenses and certifications.
(4)Establish enforcement methods for willful and repeated violations of paragraphs (1) and (2) by referring entities, including imposition of administrative penalties, as appropriate.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.