| 1 | 1 | | 23 LC 33 9519 |
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| 2 | 2 | | S. B. 331 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | Senate Bill 331 |
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| 5 | 5 | | By: Senators Robertson of the 29th, Kirkpatrick of the 32nd and Watson of the 1st |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug |
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| 9 | 9 | | 1 |
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| 10 | 10 | | abuse treatment and education programs, so as to provide for the certification of recovery2 |
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| 11 | 11 | | residences; to provide for definitions; to authorize the Department of Community Health to3 |
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| 12 | 12 | | contract with or designate a certifying organization; to prohibit the operation of a recovery4 |
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| 13 | 13 | | residence without certification; to provide for applications; to provide for requirements; to5 |
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| 14 | 14 | | provide for inspections; to provide specific information on certifications; to provide for6 |
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| 15 | 15 | | background checks for certain personnel; to provide for renewals; to provide for a registry;7 |
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| 16 | 16 | | to provide for categories of recovery residences; to provide for rights of residents; to provide8 |
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| 17 | 17 | | for a training and technical assistance program; to provide for zoning requirements; to9 |
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| 18 | 18 | | provide for outcome data; to provide for denials and appeals; to provide for a complaint10 |
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| 19 | 19 | | process; to provide for confidentiality of records; to provide for rules and regulations; to11 |
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| 20 | 20 | | provide for related matters; to repeal conflicting laws; and for other purposes.12 |
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| 21 | 21 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 |
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| 22 | 22 | | SECTION 1.14 |
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| 23 | 23 | | Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse15 |
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| 24 | 24 | | treatment and education programs, is amended by adding a new article to read as follows:16 23 LC 33 9519 |
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| 25 | 25 | | S. B. 331 |
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| 26 | 26 | | - 2 - |
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| 27 | 27 | | "ARTICLE 417 |
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| 28 | 28 | | 26-5-100.18 |
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| 29 | 29 | | As used in this article, the term:19 |
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| 30 | 30 | | (1) 'Applicant' means any individual, organization, or entity that has applied for20 |
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| 31 | 31 | | certification of a recovery residence.21 |
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| 32 | 32 | | (2) 'Certified recovery residence' means a recovery residence that has completed the22 |
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| 33 | 33 | | application process and been approved for certification by the department.23 |
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| 34 | 34 | | (3) 'Certifying organization' means an organization under contract with or otherwise24 |
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| 35 | 35 | | designated by the department and tasked with the responsibility of certifying recovery25 |
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| 36 | 36 | | residences under this article.26 |
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| 37 | 37 | | (4) 'Community residence' means a residential living arrangement for unrelated27 |
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| 38 | 38 | | individuals with disabilities living as a single functional family in a single dwelling unit28 |
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| 39 | 39 | | who are in need of the mutual support furnished by other residents of the community29 |
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| 40 | 40 | | residence as well as support services, if any, provided by the staff, if any, of the30 |
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| 41 | 41 | | community residence. A community residence seeks to emulate a biological family to31 |
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| 42 | 42 | | foster normalization of its residents and integrate them into the surrounding community.32 |
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| 43 | 43 | | Its primary purpose is to provide shelter and support in a family-like environment. Such33 |
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| 44 | 44 | | term shall not include any other group living arrangement for unrelated individuals who34 |
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| 45 | 45 | | are not disabled.35 |
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| 46 | 46 | | (5) 'Co-occurring disorder' means the coexistence of both a mental health and a36 |
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| 47 | 47 | | substance use disorder.37 |
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| 48 | 48 | | (6) 'Department' means the Department of Community Health.38 |
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| 49 | 49 | | (7) 'House manager' means an individual, either designated by the owner or operator of39 |
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| 50 | 50 | | a certified recovery residence or elected by the residents of a certified recovery residence,40 |
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| 51 | 51 | | who may or may not live on site and is or may be responsible for the day-to-day41 |
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| 52 | 52 | | operation of the certified recovery residence, including, but not limited to, interviewing42 23 LC 33 9519 |
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| 53 | 53 | | S. B. 331 |
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| 54 | 54 | | - 3 - |
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| 55 | 55 | | potential residents, resident acceptance and welcoming procedures, resolution of resident43 |
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| 56 | 56 | | disputes, maintenance of resident records, and ensuring resident adherence to the policies44 |
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| 57 | 57 | | and procedures of the recovery residence. Such term shall not include self-run,45 |
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| 58 | 58 | | self-supported recovery homes.46 |
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| 59 | 59 | | (8) 'Licensed drug and alcohol treatment service provider' means any individual or entity47 |
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| 60 | 60 | | that is licensed, registered, or certified within this state to treat substance use disorders48 |
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| 61 | 61 | | or that has a Drug Addiction Treatment Act of 2000 waiver from the Substance Abuse49 |
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| 62 | 62 | | and Mental Health Services Administration to treat individuals with opioid use disorder50 |
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| 63 | 63 | | using medications approved for that indication by the federal Food and Drug51 |
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| 64 | 64 | | Administration.52 |
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| 65 | 65 | | (9) 'Operator' means the lawful owner or lessee of a recovery residence or an individual53 |
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| 66 | 66 | | employed and designated by the owner or lessee of the recovery residence to have54 |
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| 67 | 67 | | primary responsibility for oversight of the recovery residence, including, but not limited55 |
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| 68 | 68 | | to, hiring and termination of recovery residence staff, recovery residence maintenance,56 |
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| 69 | 69 | | and responding to complaints being investigated by the department. Such term is not57 |
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| 70 | 70 | | applicable to a Level 1 recovery residence as described in Code Section 26-5-108.58 |
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| 71 | 71 | | (10) 'Peer support worker' means an individual with the lived experience of recovery59 |
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| 72 | 72 | | from a substance use disorder who provides nonclinical, strength-based support to others60 |
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| 73 | 73 | | experiencing similar challenges.61 |
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| 74 | 74 | | (11) 'Recovery' means a process of change through which individuals improve their62 |
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| 75 | 75 | | health and wellness, live a self-directed life, and strive to reach their full potential.63 |
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| 76 | 76 | | (12) 'Recovery residence' means a type of community residence that provides a safe,64 |
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| 77 | 77 | | healthy, family-like, substance-free living environment that supports individuals in65 |
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| 78 | 78 | | recovery from substance use disorders. Recovery residences:66 |
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| 79 | 79 | | (A) Emulate a biological family;67 |
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| 80 | 80 | | (B) Are centered on peer support and community integration;68 23 LC 33 9519 |
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| 81 | 81 | | S. B. 331 |
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| 82 | 82 | | - 4 - |
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| 83 | 83 | | (C) Benefit individuals in recovery by reinforcing the skills and choices that help69 |
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| 84 | 84 | | support sustained recovery from substance use disorders, providing a supportive peer70 |
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| 85 | 85 | | community to which residents are accountable, and ensuring access to mutual aid71 |
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| 86 | 86 | | groups, recovery support services, and other needed services and supports; and72 |
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| 87 | 87 | | (D) May be located in single-family homes, multifamily dwellings, and mixed-use73 |
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| 88 | 88 | | structures.74 |
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| 89 | 89 | | (13) 'Registry' means the list of certified recovery residences maintained by the75 |
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| 90 | 90 | | department that have applied for certification and have been approved or denied by the76 |
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| 91 | 91 | | department or for whom the department has revoked certification.77 |
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| 92 | 92 | | (14) 'Resident' means an individual who resides in a recovery residence.78 |
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| 93 | 93 | | (15) 'Staff' means employees, contractors, or volunteers who provide monitoring,79 |
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| 94 | 94 | | assistance, or other services for the use and benefit of a recovery residence and its80 |
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| 95 | 95 | | residents. Such term may include, but is not limited to, a house manager, peer support81 |
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| 96 | 96 | | workers, and on-site counselors.82 |
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| 97 | 97 | | (16) 'Substance-free' means being free from the use of alcohol, illicit drugs, and the illicit83 |
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| 98 | 98 | | use of prescribed drugs. Such term shall not prohibit medications prescribed, dispensed,84 |
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| 99 | 99 | | or administered by a licensed healthcare professional, such as pharmacotherapies85 |
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| 100 | 100 | | specifically approved by the federal Food and Drug Administration for treatment of86 |
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| 101 | 101 | | substance use disorder as well as other medications approved by the Food and Drug87 |
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| 102 | 102 | | Administration for the treatment of co-occurring disorders, when such medications are88 |
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| 103 | 103 | | taken as directed.89 |
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| 104 | 104 | | (17) 'Substance use disorder' means a pattern of use of alcohol or other drugs leading to90 |
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| 105 | 105 | | impairment that meets the applicable diagnostic criteria delineated in the American91 |
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| 106 | 106 | | Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders92 |
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| 107 | 107 | | (DSM-5) or the World Health Organization's International Classification of Diseases, in93 |
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| 108 | 108 | | effect as of July 1, 2023, or as the department may further define such term by rule and94 |
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| 109 | 109 | | regulation.95 23 LC 33 9519 |
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| 110 | 110 | | S. B. 331 |
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| 111 | 111 | | - 5 - |
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| 112 | 112 | | 26-5-101.96 |
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| 113 | 113 | | (a) The department shall be authorized to contract with or designate a certifying97 |
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| 114 | 114 | | organization to perform one or more of the functions of the department pursuant to this98 |
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| 115 | 115 | | article.99 |
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| 116 | 116 | | (b) No individual or organization shall operate a recovery residence unless it has received100 |
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| 117 | 117 | | certification from the department pursuant to this article. Applicants shall submit a101 |
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| 118 | 118 | | completed application to the department that includes, at a minimum:102 |
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| 119 | 119 | | (1) The name of the individual or organization making application for certification;103 |
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| 120 | 120 | | (2) The proposed name, if any, of the recovery residence;104 |
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| 121 | 121 | | (3) The address and telephone number of the recovery residence;105 |
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| 122 | 122 | | (4) The applicant's address and telephone number, if different from the address and106 |
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| 123 | 123 | | telephone number of the recovery residence;107 |
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| 124 | 124 | | (5) The applicant's email address or, if an organization, the email address of the person108 |
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| 125 | 125 | | responsible for the application;109 |
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| 126 | 126 | | (6) The name and contact information of the applicant's parent organization, if110 |
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| 127 | 127 | | applicable;111 |
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| 128 | 128 | | (7) The maximum number of residents to be housed in the recovery residence;112 |
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| 129 | 129 | | (8) The square footage of space per person per bedroom;113 |
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| 130 | 130 | | (9) The name, address, and telephone number of the operator of the recovery residence,114 |
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| 131 | 131 | | if different from the applicant;115 |
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| 132 | 132 | | (10) The applicant's signature and date signed; and116 |
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| 133 | 133 | | (11) Any other information required by the department by rules and regulations.117 |
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| 134 | 134 | | (c) Applicants shall submit a nonrefundable application fee in an amount to be determined118 |
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| 135 | 135 | | by the department by rule and regulation.119 |
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| 136 | 136 | | (d) The department shall issue a certification upon approval of a recovery residence's120 |
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| 137 | 137 | | application and inspection conducted pursuant to Code Section 26-5-103. Applications121 |
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| 138 | 138 | | shall be approved or denied within 30 days of receiving all required documentation and122 23 LC 33 9519 |
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| 139 | 139 | | S. B. 331 |
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| 140 | 140 | | - 6 - |
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| 141 | 141 | | completing the required inspection. The certification shall automatically terminate two123 |
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| 142 | 142 | | years after issuance, if not renewed or if an extension is not granted.124 |
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| 143 | 143 | | 26-5-102.125 |
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| 144 | 144 | | The department shall:126 |
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| 145 | 145 | | (1) Establish a voluntary certification process for recovery residences;127 |
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| 146 | 146 | | (2) Establish an exception clause for 'squatters' rights' for certified recovery residences;128 |
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| 147 | 147 | | (3) Mandate a minimum amount of annual continuing education training to maintain129 |
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| 148 | 148 | | certification;130 |
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| 149 | 149 | | (4) Require that the first year of certification is provisional and require 18 hours of131 |
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| 150 | 150 | | continuing education in the first year of certification;132 |
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| 151 | 151 | | (5) Require the certified recovery residence to post the certification where easily visible133 |
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| 152 | 152 | | for the public to see;134 |
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| 153 | 153 | | (6) Require the certified recovery residence to use a data-capturing electronic system to135 |
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| 154 | 154 | | track outcomes and ensure evidence based data are provided; and136 |
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| 155 | 155 | | (7) Require the certified recovery residence to use an electronic form of invoicing to bill137 |
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| 156 | 156 | | clients and retain records of payments.138 |
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| 157 | 157 | | 26-5-103.139 |
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| 158 | 158 | | (a) Upon receiving a completed application, the department shall conduct an on-site140 |
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| 159 | 159 | | inspection of the recovery residence for the purpose of ensuring the residence is in141 |
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| 160 | 160 | | compliance with the requirements of this article and meets the standards for certification.142 |
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| 161 | 161 | | (b) The department shall inspect each certified recovery residence at least biennially to143 |
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| 162 | 162 | | ensure continued compliance with the requirements of this article and may conduct144 |
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| 163 | 163 | | additional inspections to confirm correction of any deficiencies or for the purpose of145 |
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| 164 | 164 | | investigating a complaint.146 23 LC 33 9519 |
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| 165 | 165 | | S. B. 331 |
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| 166 | 166 | | - 7 - |
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| 167 | 167 | | (c) If the department identifies a deficiency in an application, the applicant shall have 30147 |
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| 168 | 168 | | days from the date of the notification of the deficiency to correct the deficiency, unless an148 |
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| 169 | 169 | | extension is granted by the department.149 |
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| 170 | 170 | | (d) If the department identifies a deficiency following inspection of a recovery residence,150 |
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| 171 | 171 | | during either the application process or any subsequent inspection, or as a result of a151 |
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| 172 | 172 | | verified complaint from a resident or staff member, the department or its contractor shall152 |
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| 173 | 173 | | require the applicant or operator, if different from the applicant, to submit a plan of153 |
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| 174 | 174 | | correction to correct the deficiency within a specified time period. The plan of correction154 |
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| 175 | 175 | | shall include the steps that will be taken by the recovery residence or its operator to correct155 |
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| 176 | 176 | | the deficiency and the time frame within which such corrections will be made. The156 |
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| 177 | 177 | | department shall establish the deadline for submission of the plan of correction based on157 |
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| 178 | 178 | | each recovery residence's specific circumstances and the deficiencies which are required158 |
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| 179 | 179 | | to be corrected.159 |
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| 180 | 180 | | 26-5-104.160 |
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| 181 | 181 | | (a) A certification issued to an approved recovery residence applicant shall specify the161 |
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| 182 | 182 | | following:162 |
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| 183 | 183 | | (1) The name of the holder of the certification, which may be the individual applicant or163 |
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| 184 | 184 | | the name of the parent organization;164 |
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| 185 | 185 | | (2) The address to which the certification applies;165 |
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| 186 | 186 | | (3) The maximum number of persons to reside in the recovery residence; and166 |
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| 187 | 187 | | (4) The expiration date.167 |
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| 188 | 188 | | (b) Certifications shall be publicly displayed in the recovery residence.168 |
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| 189 | 189 | | (c) Certifications issued pursuant to this article shall not be transferred to an address other169 |
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| 190 | 190 | | than the one specified on the certification.170 23 LC 33 9519 |
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| 191 | 191 | | S. B. 331 |
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| 192 | 192 | | - 8 - |
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| 193 | 193 | | 26-5-105.171 |
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| 194 | 194 | | (a) As used in this Code section, the term:172 |
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| 195 | 195 | | (1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of173 |
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| 196 | 196 | | whether an appeal of the conviction has been sought.174 |
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| 197 | 197 | | (2) 'Crime' means:175 |
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| 198 | 198 | | (A) Serious offenses related to healthcare fraud;176 |
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| 199 | 199 | | (B) Patient brokering;177 |
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| 200 | 200 | | (C) Criminal use of confidential personal information; and178 |
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| 201 | 201 | | (D) Abuse, neglect, or exploitation of vulnerable persons.179 |
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| 202 | 202 | | (3)(A) 'Criminal record' means any of the following:180 |
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| 203 | 203 | | (i) Conviction of a crime;181 |
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| 204 | 204 | | (ii) Arrest, charge, and sentencing for a crime where:182 |
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| 205 | 205 | | (I) A plea of nolo contendere was entered to the charge;183 |
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| 206 | 206 | | (II) First offender treatment without adjudication of guilt pursuant to the charge184 |
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| 207 | 207 | | was granted; or185 |
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| 208 | 208 | | (III) Adjudication or sentence was otherwise withheld or not entered on the charge;186 |
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| 209 | 209 | | or187 |
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| 210 | 210 | | (iii) Arrest and being charged for a crime if the charge is pending, unless the time for188 |
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| 211 | 211 | | prosecuting such crime has expired pursuant to Chapter 3 of Title 17.189 |
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| 212 | 212 | | (B) Such term shall not include an owner, operator, director, or chief financial officer190 |
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| 213 | 213 | | for whom at least five years have elapsed from the date of any of the events described191 |
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| 214 | 214 | | in subparagraph (A) of this paragraph.192 |
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| 215 | 215 | | (4) 'GCIC' means the Georgia Crime Information Center established under Article 2 of193 |
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| 216 | 216 | | Chapter 3 of Title 35.194 |
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| 217 | 217 | | (5) 'GCIC information' means criminal history record information as defined in Code195 |
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| 218 | 218 | | Section 35-3-30.196 23 LC 33 9519 |
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| 219 | 219 | | S. B. 331 |
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| 220 | 220 | | - 9 - |
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| 221 | 221 | | (6) 'Records check application' means fingerprints in such form and of such quality as197 |
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| 222 | 222 | | prescribed by the Georgia Crime Information Center and under standards adopted by the198 |
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| 223 | 223 | | Federal Bureau of Investigation and a records search fee to be established by the199 |
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| 224 | 224 | | department by rule and regulation, payable in such form as the department may direct to200 |
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| 225 | 225 | | cover the cost of obtaining criminal background information pursuant to this Code201 |
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| 226 | 226 | | section.202 |
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| 227 | 227 | | (b)(1) Prior to approving any certification for a recovery residence and periodically as203 |
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| 228 | 228 | | established by the department by rules and regulations, the department shall require all204 |
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| 229 | 229 | | owners, operators, directors, and chief financial officers to submit a records check205 |
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| 230 | 230 | | application. The department shall establish a uniform method of obtaining such records206 |
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| 231 | 231 | | check applications.207 |
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| 232 | 232 | | (2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph,208 |
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| 233 | 233 | | the department shall transmit to the GCIC the fingerprints and records search fee from209 |
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| 234 | 234 | | each fingerprint records check application in accordance with Code Section 35-3-35.210 |
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| 235 | 235 | | Upon receipt thereof, the GCIC shall promptly transmit the fingerprints to the Federal211 |
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| 236 | 236 | | Bureau of Investigation for a search of bureau records and an appropriate report and212 |
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| 237 | 237 | | shall promptly conduct a search of its records and records to which it has access.213 |
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| 238 | 238 | | Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the214 |
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| 239 | 239 | | GCIC shall notify the department in writing of any criminal record or if there is no such215 |
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| 240 | 240 | | finding. After a search of Federal Bureau of Investigation records and fingerprints and216 |
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| 241 | 241 | | upon receipt of the bureau's report, the department shall make a determination about the217 |
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| 242 | 242 | | criminal record of an owner, operator, director, or chief financial officer and shall218 |
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| 243 | 243 | | notify such owner, operator, director, or chief financial officer in writing as to the219 |
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| 244 | 244 | | department's determination as to whether such owner, operator, director, or chief220 |
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| 245 | 245 | | financial officer has or does not have a criminal record.221 |
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| 246 | 246 | | (B) The department may either perform criminal background checks under agreement222 |
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| 247 | 247 | | with the GCIC or contract with the GCIC and appropriate law enforcement agencies223 23 LC 33 9519 |
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| 248 | 248 | | S. B. 331 |
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| 249 | 249 | | - 10 - |
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| 250 | 250 | | which have access to the GCIC and the Federal Bureau of Investigation information to224 |
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| 251 | 251 | | have those agencies perform for the department criminal background checks for225 |
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| 252 | 252 | | owners, operators, directors, and chief financial officers. The department or the226 |
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| 253 | 253 | | appropriate law enforcement agencies may charge reasonable fees for performing227 |
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| 254 | 254 | | criminal background checks.228 |
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| 255 | 255 | | (3) The department's determination regarding the criminal record of an owner, operator,229 |
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| 256 | 256 | | director, or chief financial officer, or any action by the department revoking or refusing230 |
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| 257 | 257 | | to grant a certificate based on such determination, shall constitute a contested case for231 |
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| 258 | 258 | | purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except232 |
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| 259 | 259 | | that any hearing required to be held pursuant thereto may be held reasonably233 |
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| 260 | 260 | | expeditiously after such determination or action by the department.234 |
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| 261 | 261 | | (4) Neither the GCIC, the department, any law enforcement agency, nor the employees235 |
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| 262 | 262 | | of any such entities shall be responsible for the accuracy of information nor have any236 |
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| 263 | 263 | | liability for defamation, invasion of privacy, negligence, or any other claim in connection237 |
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| 264 | 264 | | with any dissemination of information or determination based thereon pursuant to this238 |
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| 265 | 265 | | Code section.239 |
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| 266 | 266 | | (c) All information received from the Federal Bureau of Investigation or the GCIC shall240 |
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| 267 | 267 | | be for the exclusive purpose of approving or denying the granting of a certification to a241 |
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| 268 | 268 | | recovery residence and shall not be released or otherwise disclosed to any other person or242 |
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| 269 | 269 | | agency. All such information collected by the department shall be maintained by the243 |
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| 270 | 270 | | department pursuant to laws regarding and the rules or regulations of the Federal Bureau244 |
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| 271 | 271 | | of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or245 |
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| 272 | 272 | | disclosure of any such information shall be as prescribed pursuant to laws regarding and246 |
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| 273 | 273 | | rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable.247 |
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| 274 | 274 | | (d) The requirements of this Code section are supplemental to any requirements for a248 |
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| 275 | 275 | | certification application or other requirements imposed by this article.249 23 LC 33 9519 |
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| 276 | 276 | | S. B. 331 |
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| 277 | 277 | | - 11 - |
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| 278 | 278 | | (e) The department shall promulgate written rules and regulations reasonable and250 |
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| 279 | 279 | | necessary to implement the provisions of this Code section.251 |
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| 280 | 280 | | (f) If any owner, operator, director, or chief financial officer of a certified recovery252 |
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| 281 | 281 | | residence is arrested for, found guilty of, or enters a plea of nolo contendere to, regardless253 |
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| 282 | 282 | | of adjudication, any crime while acting in that capacity, the certified recovery residence254 |
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| 283 | 283 | | shall take steps to remove such individual from that position and shall notify the255 |
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| 284 | 284 | | department within three business days after such removal. The department shall revoke the256 |
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| 285 | 285 | | certification of any recovery residence that fails to comply with this subsection.257 |
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| 286 | 286 | | 26-5-106.258 |
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| 287 | 287 | | At least 60 days prior to the expiration of certification, a certified recovery residence shall259 |
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| 288 | 288 | | submit a renewal application and any required fee to the department in a format required260 |
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| 289 | 289 | | by the department. Upon inspection and determination by the department that the recovery261 |
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| 290 | 290 | | residence continues to meet the requirements of this article, the department shall reissue262 |
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| 291 | 291 | | a certification for a period of two years.263 |
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| 292 | 292 | | 26-5-107.264 |
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| 293 | 293 | | (a) The department shall allow applicants to submit initial and renewal applications265 |
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| 294 | 294 | | through an online portal that includes the ability to upload supporting documentation and266 |
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| 295 | 295 | | electronically pay any required fees.267 |
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| 296 | 296 | | (b) The department shall publish and maintain a registry on the department's website of268 |
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| 297 | 297 | | all certified recovery residences which shall be accessible to governmental entities,269 |
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| 298 | 298 | | licensed drug and alcohol treatment service providers, and the public. Such registry shall270 |
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| 299 | 299 | | be updated at least monthly.271 |
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| 300 | 300 | | 26-5-108.272 |
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| 301 | 301 | | Certified recovery residences shall be categorized as follows:273 23 LC 33 9519 |
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| 302 | 302 | | S. B. 331 |
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| 303 | 303 | | - 12 - |
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| 304 | 304 | | (1) Level 1 – A Level 1 peer-run recovery residence provides no on-site paid staff or274 |
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| 305 | 305 | | operator of the recovery residence. Level 1 recovery residences are self-governed and275 |
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| 306 | 306 | | democratically run. No on-site services are provided at a Level 1 recovery residence, and276 |
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| 307 | 307 | | there are no paid staff within the residence.277 |
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| 308 | 308 | | (2) Level 2 – A Level 2 recovery residence provides an on-site house manager or278 |
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| 309 | 309 | | managers who are often compensated by free or reduced recovery residence fees.279 |
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| 310 | 310 | | Residents participate in the governance of the residence in concert with the recovery280 |
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| 311 | 311 | | residence staff and operator. Level 2 recovery residences provide community or house281 |
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| 312 | 312 | | meetings, peer recovery supports, and involvement in self-help or off-site treatment282 |
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| 313 | 313 | | services.283 |
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| 314 | 314 | | (3) Level 3 – A Level 3 recovery residence provides a paid house manager,284 |
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| 315 | 315 | | administrative support, and a certified peer recovery support service provider. Resident285 |
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| 316 | 316 | | participation in recovery residence governance varies, with most limited to senior resident286 |
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| 317 | 317 | | participation. Level 3 recovery residences provide community or house meetings, peer287 |
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| 318 | 318 | | recovery supports, mutual support groups and clinical services in the community, peer288 |
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| 319 | 319 | | or professional life skills training on site, and peer recovery support services. They may289 |
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| 320 | 320 | | also provide other programmatic services, delivered by either peer or paid staff, but do290 |
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| 321 | 321 | | not offer clinical services on site.291 |
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| 322 | 322 | | (4) Level 4 – A Level 4 recovery residence is much more structured than other levels of292 |
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| 323 | 323 | | support. Resident stays in a Level 4 recovery residence are typically briefer than in other293 |
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| 324 | 324 | | recovery residences, and residents may transfer from a Level 4 recovery residence to a294 |
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| 325 | 325 | | Level 1, 2, or 3 recovery residence. Level 4 recovery residences provide on-site clinical295 |
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| 326 | 326 | | services delivered by paid and licensed or otherwise credentialed staff, administrative296 |
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| 327 | 327 | | support, mutual support group meetings, life skills training, and peer recovery support297 |
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| 328 | 328 | | services.298 23 LC 33 9519 |
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| 329 | 329 | | S. B. 331 |
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| 330 | 330 | | - 13 - |
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| 331 | 331 | | 26-5-109.299 |
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| 332 | 332 | | (a) Notwithstanding any other provision of law or any rights or obligations under state law300 |
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| 333 | 333 | | to the contrary, a certified recovery residence may terminate a resident's tenancy in the301 |
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| 334 | 334 | | recovery residence in accordance with the recovery residence's approved termination or302 |
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| 335 | 335 | | relapse policy and the signed resident agreement. In the case of a resident who is303 |
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| 336 | 336 | | terminated from a Level 3 or Level 4 recovery residence, the recovery residence should304 |
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| 337 | 337 | | make a reasonable effort to link such individual to more appropriate support or care, to the305 |
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| 338 | 338 | | extent such support or care is available, and subject to the willingness of the terminated306 |
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| 339 | 339 | | resident to accept such support or care.307 |
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| 340 | 340 | | (b)(1) A resident whose tenancy is terminated pursuant to subsection (a) of this Code308 |
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| 341 | 341 | | section, or who has voluntarily left the recovery residence permanently, shall have 30309 |
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| 342 | 342 | | days from the date of termination or the date of voluntary departure to make a written310 |
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| 343 | 343 | | request to the certified recovery residence for the return of any personal property left in311 |
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| 344 | 344 | | such residence by the tenant on his or her departure.312 |
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| 345 | 345 | | (2) Upon receipt of a request as specified in paragraph (1) of this subsection, the certified313 |
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| 346 | 346 | | recovery residence shall return any personal property belonging to the resident within 60314 |
|---|
| 347 | 347 | | days from the date of the request.315 |
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| 348 | 348 | | (3) The recovery residence shall not be bound to indefinitely retain the personal property316 |
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| 349 | 349 | | of a resident whose tenancy is terminated or who has voluntarily permanently left the317 |
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| 350 | 350 | | residence, nor shall it be responsible for the relocation, storage, or safeguarding of such318 |
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| 351 | 351 | | property. Certified recovery residences shall specify the length of time it will retain319 |
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| 352 | 352 | | personal property beyond the 30 day period specified in paragraph (1) of this subsection320 |
|---|
| 353 | 353 | | in the documentation provided to prospective or new residents at the time of their321 |
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| 354 | 354 | | application to the certified recovery residence, but such time period shall not be less than322 |
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| 355 | 355 | | any amount of time required by law.323 23 LC 33 9519 |
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| 356 | 356 | | S. B. 331 |
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| 357 | 357 | | - 14 - |
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| 358 | 358 | | (4) If a resident appeals termination pursuant to subsection (c) of this Code section, the324 |
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| 359 | 359 | | time periods provided for in paragraphs (1) through (3) of this subsection shall be stayed325 |
|---|
| 360 | 360 | | during the pendency of the appeal.326 |
|---|
| 361 | 361 | | (c) A resident whose tenancy has been terminated by a certified recovery residence can file327 |
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| 362 | 362 | | a complaint with the department within 30 days of the termination to appeal such328 |
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| 363 | 363 | | termination. The resident may not remain on the premises of the certified recovery329 |
|---|
| 364 | 364 | | residence during the pendency of the appeal.330 |
|---|
| 365 | 365 | | 26-5-110.331 |
|---|
| 366 | 366 | | The department shall develop a training and technical assistance program for the benefit332 |
|---|
| 367 | 367 | | of certified recovery residences to:333 |
|---|
| 368 | 368 | | (1) Assist owners, operators, house managers, and other staff with:334 |
|---|
| 369 | 369 | | (A) Developing an understanding of the statutes and regulations applicable to recovery335 |
|---|
| 370 | 370 | | residences in this state;336 |
|---|
| 371 | 371 | | (B) Completing the application process for certification; and337 |
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| 372 | 372 | | (C) Providing information regarding the day-to-day operation of certified recovery338 |
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| 373 | 373 | | residences;339 |
|---|
| 374 | 374 | | (2) Assist newly certified recovery residences with any questions or issues that might340 |
|---|
| 375 | 375 | | arise;341 |
|---|
| 376 | 376 | | (3) Encourage consistency in standards among certified recovery residences;342 |
|---|
| 377 | 377 | | (4) Improve the quality and effectiveness of recovery residences and their ability to serve343 |
|---|
| 378 | 378 | | diverse communities; and344 |
|---|
| 379 | 379 | | (5) Promote a collaborative relationship between certified recovery residences and the345 |
|---|
| 380 | 380 | | department.346 23 LC 33 9519 |
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| 381 | 381 | | S. B. 331 |
|---|
| 382 | 382 | | - 15 - |
|---|
| 383 | 383 | | 26-5-111.347 |
|---|
| 384 | 384 | | (a) Except as otherwise provided for in this article, and notwithstanding any other law or348 |
|---|
| 385 | 385 | | rule or regulation to the contrary, any state, county, or local zoning ordinance enacted in349 |
|---|
| 386 | 386 | | this state:350 |
|---|
| 387 | 387 | | (1) Shall treat a recovery residence as a residential use of property which shall have all351 |
|---|
| 388 | 388 | | rights and responsibilities accorded to a residential use property; and352 |
|---|
| 389 | 389 | | (2) Shall not subject the recovery residence to any restrictions, prohibitions, or other353 |
|---|
| 390 | 390 | | provisions, including provisions related to building or fire codes, that are not also354 |
|---|
| 391 | 391 | | applicable to residential uses in similar types of structures, whether single-family355 |
|---|
| 392 | 392 | | detached, single-family attached, or multifamily structures, in the same zoning district if356 |
|---|
| 393 | 393 | | occupied by a single family.357 |
|---|
| 394 | 394 | | (b) When the number of tenants in a recovery residence does not exceed the number of358 |
|---|
| 395 | 395 | | unrelated people allowed by a jurisdiction's zoning laws, the recovery residence shall be359 |
|---|
| 396 | 396 | | allowed to locate within such jurisdiction.360 |
|---|
| 397 | 397 | | 26-5-112.361 |
|---|
| 398 | 398 | | (a) Certified recovery residences shall collect outcome data regarding their residents in the362 |
|---|
| 399 | 399 | | following areas in order to assess the effectiveness of the level of care provided by the363 |
|---|
| 400 | 400 | | recovery residence:364 |
|---|
| 401 | 401 | | (1) Abstinence from substance use;365 |
|---|
| 402 | 402 | | (2) Change in employment or education status;366 |
|---|
| 403 | 403 | | (3) Change in earnings;367 |
|---|
| 404 | 404 | | (4) Housing stability;368 |
|---|
| 405 | 405 | | (5) Admissions and readmissions to treatment;369 |
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| 406 | 406 | | (6) Criminal justice involvement;370 |
|---|
| 407 | 407 | | (7) Child welfare involvement;371 |
|---|
| 408 | 408 | | (8) Civic engagement;372 23 LC 33 9519 |
|---|
| 409 | 409 | | S. B. 331 |
|---|
| 410 | 410 | | - 16 - |
|---|
| 411 | 411 | | (9) Access to needed physical health services, behavioral health services, and social373 |
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| 412 | 412 | | services;374 |
|---|
| 413 | 413 | | (10) Access to private or public health insurance;375 |
|---|
| 414 | 414 | | (11) Length of stay in the recovery residence; and376 |
|---|
| 415 | 415 | | (12) Number of terminations due to relapse.377 |
|---|
| 416 | 416 | | (b) Certified recovery residences shall report outcome data to the department on a378 |
|---|
| 417 | 417 | | quarterly basis in such form and in such manner as the department may provide by rule and379 |
|---|
| 418 | 418 | | regulation. All such data submitted shall be de-identified to remove any personally380 |
|---|
| 419 | 419 | | identifiable information.381 |
|---|
| 420 | 420 | | (c) The department, in collaboration with the Department of Behavioral Health and382 |
|---|
| 421 | 421 | | Developmental Disabilities, may conduct an environmental scan and needs assessment383 |
|---|
| 422 | 422 | | study to determine the recovery housing needs of this state and the location and adequacy384 |
|---|
| 423 | 423 | | of available recovery residences to meet that need. Such study may assess the adequacy385 |
|---|
| 424 | 424 | | of recovery housing in each of the following areas:386 |
|---|
| 425 | 425 | | (1) Adequacy relative to population in all areas of the state;387 |
|---|
| 426 | 426 | | (2) Adequacy of low-cost or subsidized recovery residences; and388 |
|---|
| 427 | 427 | | (3) Adequacy for underserved and difficult-to-serve populations, including parents with389 |
|---|
| 428 | 428 | | children; pregnant women; re-entry populations; persons living with HIV; ethnic, racial,390 |
|---|
| 429 | 429 | | and other minorities; and physically disabled persons.391 |
|---|
| 430 | 430 | | (d) The department shall analyze data collected pursuant to this Code section and shall392 |
|---|
| 431 | 431 | | issue an annual report to the Governor and the General Assembly assessing the393 |
|---|
| 432 | 432 | | effectiveness of certified recovery residences within this state. The department shall make394 |
|---|
| 433 | 433 | | such annual report available on its website for use by the public.395 |
|---|
| 434 | 434 | | 26-5-113.396 |
|---|
| 435 | 435 | | (a) The department may deny any certification applied for under this article that does not397 |
|---|
| 436 | 436 | | fulfill the minimum requirements which the department shall prescribe by rules and398 23 LC 33 9519 |
|---|
| 437 | 437 | | S. B. 331 |
|---|
| 438 | 438 | | - 17 - |
|---|
| 439 | 439 | | regulations and may suspend or revoke a certification which has been issued if an applicant399 |
|---|
| 440 | 440 | | or a certified recovery residence violates any of such rules and regulations; provided,400 |
|---|
| 441 | 441 | | however, that, before any order is entered denying a certification applied for or suspending401 |
|---|
| 442 | 442 | | or revoking a certification previously granted, the applicant or certified recovery residence,402 |
|---|
| 443 | 443 | | as the case may be, shall be afforded an opportunity for a hearing as provided for in403 |
|---|
| 444 | 444 | | Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'404 |
|---|
| 445 | 445 | | (b) Notice of a proposed suspension or revocation of a certification shall be provided in405 |
|---|
| 446 | 446 | | writing by the department to any certified recovery residence so affected within 90 days406 |
|---|
| 447 | 447 | | after the open enrollment period has closed or the grounds are discovered. Within ten days407 |
|---|
| 448 | 448 | | from receipt of such notice, the certified recovery residence so affected may request a408 |
|---|
| 449 | 449 | | hearing before the department. Upon receipt of such request for hearing in proper form,409 |
|---|
| 450 | 450 | | the department shall schedule a hearing within a reasonable time, but not later than 90 days410 |
|---|
| 451 | 451 | | after receiving such request.411 |
|---|
| 452 | 452 | | (c) Denial, suspension, or revocation of a recovery residence's certification should be a412 |
|---|
| 453 | 453 | | 'last resort' measure with regard to violations that do not impact the health, welfare, or413 |
|---|
| 454 | 454 | | safety of residents, staff, or others on the premises of a recovery residence.414 |
|---|
| 455 | 455 | | 26-5-114.415 |
|---|
| 456 | 456 | | (a) The department shall establish a toll-free telephone number or an online complaint416 |
|---|
| 457 | 457 | | form, or both, to receive complaints from residents, staff, and the general public regarding417 |
|---|
| 458 | 458 | | certified recovery residences.418 |
|---|
| 459 | 459 | | (b) The department shall receive and review complaints that:419 |
|---|
| 460 | 460 | | (1) Are based on the complainant's first-hand knowledge regarding the allegations;420 |
|---|
| 461 | 461 | | (2) Concern the health of residents and safety of the certified recovery residence;421 |
|---|
| 462 | 462 | | (3) Concern management of the recovery residence, including, but not limited to, house422 |
|---|
| 463 | 463 | | environment, financial procedures, staffing, house rules, improper handling of resident423 |
|---|
| 464 | 464 | | terminations, and recovery support environment; or424 23 LC 33 9519 |
|---|
| 465 | 465 | | S. B. 331 |
|---|
| 466 | 466 | | - 18 - |
|---|
| 467 | 467 | | (4) Concern illegal activities or threats.425 |
|---|
| 468 | 468 | | (c)(1) Complaints received by the department pursuant to this Code section regarding426 |
|---|
| 469 | 469 | | illegal activities or threats shall be immediately referred to law enforcement in the427 |
|---|
| 470 | 470 | | jurisdiction where the certified recovery residence is located.428 |
|---|
| 471 | 471 | | (2) The department shall investigate complaints relating to paragraphs (1) through (3)429 |
|---|
| 472 | 472 | | of subsection (b) of this Code section which are received via the toll-free telephone430 |
|---|
| 473 | 473 | | number or online complaint form, or via referral from a certifying organization, and may431 |
|---|
| 474 | 474 | | take any action necessary to conduct such investigation, including, but not limited to,432 |
|---|
| 475 | 475 | | interviewing the operator, house manager, staff, and residents of the certified recovery433 |
|---|
| 476 | 476 | | residence and conducting an inspection of the premises.434 |
|---|
| 477 | 477 | | (d) If, upon completion of the investigation, the department determines that the complaint435 |
|---|
| 478 | 478 | | is well-founded, the department shall notify the operator of the actions required to bring436 |
|---|
| 479 | 479 | | the certified recovery residence into compliance with this article.437 |
|---|
| 480 | 480 | | (e) A certified recovery residence that has been notified by the department pursuant to438 |
|---|
| 481 | 481 | | subsection (d) of this Code section of actions required to bring the certified recovery439 |
|---|
| 482 | 482 | | residence into compliance with this article shall file a plan of correction with the440 |
|---|
| 483 | 483 | | department within the time required by the department based on the nature of the441 |
|---|
| 484 | 484 | | complaint. The plan shall outline all steps the certified recovery residence will take to442 |
|---|
| 485 | 485 | | correct any deficiencies identified and shall include the time period within which such443 |
|---|
| 486 | 486 | | deficiencies will be corrected.444 |
|---|
| 487 | 487 | | (f) The outcome of any complaint investigation shall be subject to review in accordance445 |
|---|
| 488 | 488 | | with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'.446 |
|---|
| 489 | 489 | | (g) When making a complaint pursuant to this Code section, an individual shall be447 |
|---|
| 490 | 490 | | required to disclose his or her identity to the department; provided, however, that, during448 |
|---|
| 491 | 491 | | any investigation of the complaint, the department, to the extent practicable, shall not449 |
|---|
| 492 | 492 | | disclose the identity of the complainant.450 23 LC 33 9519 |
|---|
| 493 | 493 | | S. B. 331 |
|---|
| 494 | 494 | | - 19 - |
|---|
| 495 | 495 | | 26-5-115.451 |
|---|
| 496 | 496 | | (a) Records of residents maintained by certified recovery residences are confidential and452 |
|---|
| 497 | 497 | | shall not be released without the signed consent of the individual who is the subject of the453 |
|---|
| 498 | 498 | | record. Such records may be subject to the Health Insurance Portability and Accountability454 |
|---|
| 499 | 499 | | Act of 1996, 42 U.S.C. Section 290dd-2, 42 C.F.R. Part 2, and applicable state statutes and455 |
|---|
| 500 | 500 | | regulations regarding the confidentiality of such records.456 |
|---|
| 501 | 501 | | (b) The department shall not maintain any personally identifiable information regarding457 |
|---|
| 502 | 502 | | any resident of a certified recovery residence in connection with its role under this article.458 |
|---|
| 503 | 503 | | 26-5-116.459 |
|---|
| 504 | 504 | | The promulgation of reasonable and necessary rules and regulations, the conduct of460 |
|---|
| 505 | 505 | | administrative hearings, and judicial review of the department's actions shall be subject to461 |
|---|
| 506 | 506 | | Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"462 |
|---|
| 507 | 507 | | SECTION 2.463 |
|---|
| 508 | 508 | | All laws and parts of laws in conflict with this Act are repealed.464 |
|---|