Bill Text: TX HB544 | 2021-2022 | 87th Legislature | Engrossed

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Bill Title: Relating to creating a voluntary certification for recovery housing.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2021-05-17 - Referred to Health & Human Services [HB544 Detail]

Download: Texas-2021-HB544-Engrossed.html

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87R16903 EAS-F
By: Minjarez, Murr H.B. No. 544

A BILL TO BE ENTITLED
AN ACT
relating to creating a voluntary certification for recovery
housing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 6, Health and Safety Code, is
amended by adding Chapter 469 to read as follows:
CHAPTER 469. VOLUNTARY RECOVERY HOUSING
Sec. 469.0101. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Credentialing organization" means an
organization approved by the commission that affirms that a
recovery house satisfies the criteria to become a certified
recovery house.
(3) "Recovery house" means a shared living environment
that promotes sustained recovery from substance use disorders by
integrating residents into the surrounding community and providing
a setting that connects residents to supports and services
promoting sustained recovery from substance use disorders, is
centered on peer support, and is free from alcohol and drug use.
(4) "State health care regulatory agency" has the
meaning assigned by Section 161.131.
Sec. 469.0102. VOLUNTARY CERTIFICATION OF RECOVERY
HOUSING. (a) The commission shall adopt minimum standards for
certification as a recovery house that are consistent with the
quality standards from the National Alliance for Recovery
Residences. The commission shall authorize one or more
credentialing organizations each to develop and administer a
voluntary certification program for recovery housing. A
credentialing organization shall:
(1) establish recovery house certification
requirements that include, at minimum, the certification standards
adopted by the commission;
(2) establish procedures to:
(A) administer the issuance of recovery house
certification under this chapter, including application,
certification, recertification, and disciplinary procedures;
(B) assess application, inspection, and
recertification fees; and
(C) monitor and inspect a recovery house and
staff to ensure compliance with certification requirements
established by the organization;
(3) provide training to recovery house administrators
and staff concerning the certification standards adopted by the
commission;
(4) develop a code of ethics; and
(5) provide information to the commission for the
commission to compile the annual report required under Section
469.0105.
(b) The following places are not eligible for certification
as a recovery house:
(1) a chemical dependency treatment facility licensed
under Subchapter A, Chapter 464;
(2) a boarding home facility as defined by Section
260.001;
(3) a convalescent or nursing facility licensed under
Chapter 242;
(4) a continuing care facility regulated under Chapter
246;
(5) an assisted living facility as defined by Section
247.002;
(6) a home and community support services agency
licensed under Chapter 142;
(7) an intermediate care facility for individuals with
an intellectual disability licensed under Chapter 252;
(8) an entity qualified as a community home under
Chapter 123, Human Resources Code;
(9) a family violence shelter center as defined by
Section 51.002, Human Resources Code;
(10) a child-care facility as defined by Section
42.002, Human Resources Code; and
(11) a hotel as defined by Section 156.001, Tax Code.
(c) The commission's standards must prohibit a certified
recovery house from providing personal care services as defined by
Section 247.002.
Sec. 469.0103. RECOVERY HOUSE ADMINISTRATOR. (a) The
standards adopted by the commission must require that a certified
recovery house be managed by a recovery house administrator who has
satisfactorily completed training provided by the credentialing
organization concerning the commission's certification standards
and the organization's certification requirements.
(b) Each application for certification as a recovery house
under this chapter must include the recovery house administrator's
name.
Sec. 469.0104. ABSENCE OF HOUSE ADMINISTRATOR. (a) A
certified recovery house must notify the credentialing
organization that issued its certification before the fourth
business day after the recovery house administrator resigns, is
terminated, or leaves the position for any other reason.
(b) A credentialing organization may revoke the recovery
house certification of a recovery house that is not managed by a
trained recovery house administrator for a period that exceeds 30
days.
Sec. 469.0105. ANNUAL REPORT. The commission shall
prepare an annual report including information on:
(1) the total number of certified recovery houses;
(2) the number of recovery houses certified in the
last year;
(3) any issues concerning the certification or
recertification process;
(4) the number of certified recovery houses that had a
certification revoked within the last year; and
(5) the reasons for the revocation of a recovery
house's certification.
Sec. 469.0106. SOLICITING. A recovery house administrator
or a recovery house's employee or agent may not offer to pay or
agree to accept, directly or indirectly, overtly or covertly,
remuneration in cash or in kind to or from another for securing or
soliciting a patient or patronage for or from a person licensed,
certified, or registered by a state health care regulatory agency.
Sec. 469.0107. CERTAIN ADVERTISING PROHIBITED. (a) A
recovery house may not advertise or otherwise communicate that the
recovery house is certified by a credentialing organization unless
the recovery house is certified by a credentialing organization.
(b) A recovery house may not advertise or cause to be
advertised in any manner any false, misleading, or deceptive
information about the recovery house.
Sec. 469.0108. ENFORCEMENT. If a certified recovery house
violates this chapter, the credentialing organization that issued
the certification to the recovery house may suspend the
certification for a period of six months while the credentialing
organization conducts an audit of the recovery house. After the
audit is complete, the credentialing organization may implement a
corrective action plan or revoke the license.
Sec. 469.0109. DISCRIMINATION. A municipality or county
may not adopt or enforce an ordinance, order, or other regulation
that prevents a recovery house from operating in a residential
community.
Sec. 469.0110. FUNDING. A recovery house that is not
certified under this chapter may not receive state money.
Sec. 469.0111. REFERRAL LIMITATION. The following entities
may not refer an individual to a recovery house that is not
certified:
(1) a state agency, as defined by Section 2054.003,
Government Code;
(2) an organization receiving money from this state;
(3) a facility licensed under Subtitle B, Title 4;
(4) a chemical dependency treatment facility licensed
under Subchapter A, Chapter 464; and
(5) a health care professional licensed under Title 3,
Occupations Code.
SECTION 2. (a) Except as otherwise provided by this
section, this Act takes effect September 1, 2021.
(b) Sections 469.0110 and 469.0111, Health and Safety Code,
as added by this Act, take effect September 1, 2023.