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AN ACT relating to recovery residences. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 222.500 is amended to read as follows: 3
As used in KRS 222.500 to 222.510: 4
(1) "Cabinet" means the Cabinet for Health and Family Services; 5
(2) "Certifying organization" means: 6
(a) The Kentucky Recovery Housing Network; 7
(b) The National Alliance for Recovery Residences or their recognized affiliates; 8
(c) Oxford House, Inc.; and 9
(d) Any other organization that develops and administers professional 10
certification programs requiring minimum standards for the operation of 11
recovery residences that has been recognized and approved by the Cabinet for 12
Health and Family Services; 13
(3) "Local government" means a city, county, urban-county government, consolidated 14
local government, charter county government, or unified local government; 15
(4) "Medication for addiction treatment" means the use of pharmacological agents 16
approved by the United States Food and Drug Administration for the treatment of 17
substance use disorders in combination with counseling and other behavioral health 18
therapies to provide a whole-patient approach to the treatment of substance use 19
disorders; 20
(5) "Recovery residence": 21
(a) Means any premises, place, or building that: 22
1.[(a)] Holds itself out as a recovery residence, recovery home, sober 23
living residence, alcohol, illicit drug, and other intoxicating substance-24
free home for unrelated individuals, or any other similarly named or 25
identified residence that promotes substance use disorder recovery 26
through abstinence from intoxicating substances; and 27 UNOFFICIAL COPY 24 RS BR 1812
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2.[(b)] Provides a housing arrangement for a group of unrelated 1
individuals who are recovering from substance use disorders or to a 2
group of parents who are recovering from a substance use disorder and 3
their children, including peer-to-peer supervision models; and 4
(b)[(c)] Does not include any premises, place, or building that is [not ]licensed 5
or otherwise approved by the cabinet or any other agency of state government 6
to operate as a residential or inpatient substance use treatment facility;[to 7
provide any medical, clinical, behavioral health, or substance use treatment 8
service for which a license or other approval is required under state law; and] 9
(6) "Recovery support services": 10
(a) Means activities that are directed primarily toward recovery from substance 11
use disorders and includes but is not limited to mutual aid self-help meetings, 12
recovery coaching, spiritual coaching, group support, and assistance in 13
achieving and retaining gainful employment; and 14
(b) Does not include any medical, clinical, behavioral health, or other substance 15
use treatment service for which a license or other approval is required under 16
state law; and 17
(7) "Resident-driven length of stay" means the amount of time an individual is 18
allowed to stay at a recovery residence as determined by the individual resident 19
based upon his or her recovery needs and not by a third-party payor. 20
Section 2. KRS 222.502 is amended to read as follows: 21
(1) (a) Effective July 1, 2024, no individual or entity shall, except as provided in 22
paragraph (b) of this subsection and subsection (2) of this section, establish, 23
operate, or maintain a recovery residence, recovery home, sober living 24
residence, alcohol, illicit drug, and other intoxicating substance-free home for 25
unrelated individuals, or any other similarly named or identified residence that 26
promotes substance use disorder recovery through abstinence from 27 UNOFFICIAL COPY 24 RS BR 1812
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intoxicating substances or represent, promote, advertise, or otherwise claim to 1
operate a recovery residence, recovery home, sober living residence, alcohol, 2
illicit drug, and other intoxicating substance-free home for unrelated 3
individuals, or any other similarly named or identified residence that promotes 4
substance use disorder recovery through abstinence from intoxicating 5
substances unless that individual or entity has: 6
1. Been certified by a certifying organization; and 7
2. Provided proof of certification by a certifying organization to the cabinet 8
in a form and manner prescribed by the cabinet. 9
(b) The provisions of this subsection shall not apply to: 10
1. A recovery residence that is recognized as a part of the Recovery 11
Kentucky Program administered by the Kentucky Housing Corporation; 12
or 13
2. A recovery residence that is: 14
a. Owned or operated by an entity that is exempt, in part or in whole, 15
pursuant to 42 U.S.C. sec. 3607 or 12187 from compliance with 16
the Americans with Disabilities Act, Pub. L. No. 101-336, or the 17
Fair Housing Act, Pub. L. No. 100-430; and 18
b. Affiliated with a religious institution that is organized under 26 19
U.S.C. sec. 501(c) for charitable religious purposes; 20
unless the recovery residence accepts Medicare or Medicaid funds. 21
(2) Notwithstanding subsection (1) of this section: 22
(a) A recovery residence operating without certification from a certifying 23
organization on June 30, 2024, shall be permitted to continue to operate until 24
December 31, 2024, if, except as provided in paragraph (c) of this 25
subsection, the recovery residence provides the cabinet with proof that it 26
initiated a certification process with a certifying organization prior to July 1, 27 UNOFFICIAL COPY 24 RS BR 1812
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2024;[ and] 1
(b) A recovery residence that seeks to begin operating after July 1, 2024, may be 2
permitted by the cabinet to operate for a period of not more than six (6) 3
months if the recovery residence provides the cabinet with proof that it has 4
initiated a certification process with a certifying organization; and 5
(c) Notwithstanding paragraph (a) of this subsection, a recovery residence that 6
provides on-site clinical services or access to on-site clinical services 7
operating without certification from a certifying organization on June 30, 8
2024, shall be permitted to continue operating after July 1, 2024, but shall 9
be required to provide proof of certification by a certifying organization to 10
the cabinet no later than December 31, 2024. 11
Section 3. KRS 222.504 is amended to read as follows: 12
(1) The cabinet shall: 13
(a) Require certified recovery residences to provide proof of certification at least 14
annually; 15
(b) Require certified recovery residences to notify the cabinet of any change in 16
their certification status, including but not limited to a suspension or 17
revocation of certification by a certifying organization; 18
(c) Require separate proof of certification for each recovery residence owned or 19
operated by an individual or entity in the Commonwealth; 20
(d) Post on its website the name, telephone number, and location by local 21
jurisdiction of each certified recovery residence and shall update the list at 22
least quarterly; 23
(e) Post on its website the name of each certifying organization approved by the 24
cabinet; and 25
(f) Notify local governments with appropriate jurisdiction of receipt of proof of 26
certification from a recovery residence within thirty (30) days of receipt of 27 UNOFFICIAL COPY 24 RS BR 1812
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proof of certification. 1
(2) The cabinet shall not disclose the address of a recovery residence except to local 2
governments, local law enforcement, and emergency personnel. 3
(3) The cabinet may: 4
(a) In lieu of posting the information required by subsection (1)(d) of this section 5
to its website, post a link to another website that aggregates information on 6
certified recovery residences or other information providers; and 7
(b) Promulgate administrative regulations in accordance with KRS Chapter 13A 8
to carry out the provisions of this section, Sections 1, 2, and 4 of this Act, and 9
KRS 222.508 and 222.510[ and KRS 222.502]. 10
(4) If a recovery residence violates any provision of this section, Section 2 of this Act 11
or any administrative regulation promulgated thereunder, the cabinet and local 12
governments are hereby granted the authority and legal standing necessary to 13
impose civil fines as permitted under subsection (5) of this section and to initiate 14
appropriate legal action to compel a recovery residence that is operating in violation 15
of KRS 222.502 to cease operating. 16
(5) (a) Any certified recovery residence or other person operating a recovery 17
residence who knowingly fails to submit any report, data, or other 18
information as may be required by the cabinet through the promulgation of 19
an administrative regulation or by a local government through the 20
enactment of a local ordinance or who submits fraudulent reports, data, or 21
information may be subject to civil fines established by the cabinet through 22
the promulgation of an administrative regulation or by a local government 23
through the enactment of a local ordinance. 24
(b) Any person or entity who knowingly establishes, maintains, or operates an 25
uncertified recovery residence in violation of Section 2 of this Act may be 26
subject to civil fines established by the cabinet through the promulgation of 27 UNOFFICIAL COPY 24 RS BR 1812
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an administrative regulation or by a local government through the 1
enactment of a local ordinance. 2
(6) Notwithstanding any law to the contrary, a recovery residence that furnishes 3
proof of current certification from a certifying organization to a local government 4
shall be presumed by the local government to be in compliance with this section, 5
Sections 1, 2, and 4 of this Act, and KRS 222.508 and 222.510. 6
Section 4. KRS 222.506 is amended to read as follows: 7
(1) A recovery residence shall: 8
(a) Clearly disclose the following by inclusion in any advertising and by posting 9
such a notice in a conspicuous location inside the residence: 10
1. Notice that the recovery residence is not a treatment facility; 11
2. A list of services offered by the recovery residence; and 12
3. If the recovery residence is exempt from certification pursuant to KRS 13
222.502(1)(b), notice that the recovery residence is exempt from 14
certification requirements; 15
(b) Require residents to abstain from the use of alcohol, illicit drugs, and other 16
intoxicating substances; 17
(c) Require residents to participate in recovery support services including through 18
a peer-to-peer supervision model; and 19
(d) Allow individuals who are receiving medication for addiction treatment to 20
continue to receive such treatment while residing in the recovery residence as 21
directed by a licensed prescriber. 22
(2) A recovery residence shall not, except as permitted under [paragraph (b) of 23
]subsection (3) of this section, directly provide any medical or clinical services 24
including on-site medication administration. 25
(3) (a) The requirement that residents abstain from the use of intoxicating substances 26
established in subsection (1)(b) of this section shall not apply to any legally 27 UNOFFICIAL COPY 24 RS BR 1812
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prescribed medication when used by a resident as directed by a licensed 1
prescriber. 2
(b) Subsection (1)(d) of this section shall not apply to any recovery residence 3
owned or operated by an entity that is exempted, in part or in whole, pursuant 4
to 42 U.S.C. sec. 3607 or 12187 from compliance with the Americans with 5
Disabilities Act, Pub. L. No. 101-336, or the Fair Housing Act, Pub. L. No. 6
100-430. 7
(c) The prohibition on the provision of on-site medical and clinical services 8
established in subsection (2) of this section shall not apply to: 9
1. The self-administration of prescribed medications by a resident as 10
directed by a licensed prescriber within his or her scope of practice; 11
2. Verification of abstinence from the use of alcohol, illicit drugs, and 12
other intoxicating substances; or 13
3. The provision of on-site medical and clinical services, including 14
telehealth services and other in-residence services, to an individual 15
residing in a recovery residence by a licensed medical or behavioral 16
health provider provided that: 17
a. The licensed provider is not employed or contracted by the 18
recovery residence unless at least one (1) of the following criteria 19
is met: 20
i. The recovery residence does not receive payment from the 21
licensed provider; 22
ii. The recovery residence makes on-site clinical services 23
available from an outside service provider, but each 24
resident may utilize the clinical service provider of his or 25
her choosing; or 26
iii. The recovery residence is operated by or is a direct 27 UNOFFICIAL COPY 24 RS BR 1812
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subsidiary of the licensed provider and the services are 1
provided as part of a continuum of care that can be shown 2
by the recovery residence operator to include step-down 3
facilities with resident-driven length of stay or referral 4
thereof; 5
b. The recovery residence has not required or otherwise induced a 6
resident to receive services from a specific provider unless the 7
recovery residence is operated by or is a direct subsidiary of the 8
of the provider and the services are provided as part of a 9
continuum of care that can be shown by the recovery residence 10
operator to include step-down facilities with resident-driven 11
length of stay or referral thereof; and 12
c. The licensed provider and the recovery residence shall each, as 13
applicable, comply with 18 U.S.C. sec. 220, 42 U.S.C. sec. 1320a-14
7b(b), and 42 U.S.C. sec. 1395nn and any amendments thereto. 15