Texas 2023 - 88th Regular

Texas House Bill HB299 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 299
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of a voluntary accreditation for recovery
6	6	housing; authorizing fees.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle B, Title 6, Health and Safety Code, is
9	9	amended by adding Chapter 469 to read as follows:
10	10	CHAPTER 469. VOLUNTARY ACCREDITATION OF RECOVERY HOUSING
11	11	Sec. 469.001. DEFINITIONS. In this chapter:
12	12	(1) "Accrediting organization" means a nonprofit
13	13	organization the commission approves under Section 469.002 that
14	14	develops and administers recovery housing accreditation programs.
15	15	(2) "Commission" means the Health and Human Services
16	16	Commission.
17	17	(3) "Recovery house" means a shared living environment
18	18	that:
19	19	(A) promotes sustained recovery from substance
20	20	use disorders by integrating residents into the surrounding
21	21	community and providing a setting that connects residents to
22	22	supports and services promoting sustained recovery from substance
23	23	use disorders;
24	24	(B) is centered on peer support; and
25	25	(C) is free from alcohol and drug use.
26	26	(4) "State health care regulatory agency" has the
27	27	meaning assigned by Section 161.131.
28	28	Sec. 469.002. VOLUNTARY ACCREDITATION OF RECOVERY HOUSING.
29	29	(a) The commission shall adopt minimum standards for accreditation
30	30	as a recovery house that are consistent with the quality standards
31	31	established by the National Alliance for Recovery Residences and
32	32	the Oxford House Incorporated. The standards must prohibit an
33	33	accredited recovery house from providing personal care services, as
34	34	defined by Section 247.002.
35	35	(b) The commission may approve only the National Alliance
36	36	for Recovery Residences or the Oxford House Incorporated to serve
37	37	as an accrediting organization in the development and
38	38	administration of a voluntary accreditation program for recovery
39	39	housing in accordance with this chapter.
40	40	(c) An accrediting organization the commission approves
41	41	under this section must:
42	42	(1) establish recovery house accreditation
43	43	requirements that at a minimum include the accreditation standards
44	44	the commission adopts;
45	45	(2) establish procedures to:
46	46	(A) administer the issuance of recovery house
47	47	accreditation under this chapter, including application,
48	48	accreditation, reaccreditation, and disciplinary procedures; and
49	49	(B) assess application accreditation and
50	50	reaccreditation fees;
51	51	(3) provide training to recovery house responsible
52	52	parties designated under Section 469.004 and staff concerning the
53	53	accreditation standards the commission adopts;
54	54	(4) develop a code of ethics; and
55	55	(5) provide information to the commission for the
56	56	commission to compile the annual report required under Section
57	57	469.005.
58	58	Sec. 469.003. PLACES INELIGIBLE FOR ACCREDITATION AS
59	59	RECOVERY HOUSE. The following places are ineligible for
60	60	accreditation as a recovery house:
61	61	(1) a home and community support services agency
62	62	licensed under Chapter 142;
63	63	(2) a nursing facility licensed under Chapter 242;
64	64	(3) a continuing care facility regulated under Chapter
65	65	246;
66	66	(4) an assisted living facility licensed under Chapter
67	67	247;
68	68	(5) an intermediate care facility for individuals with
69	69	an intellectual disability licensed under Chapter 252;
70	70	(6) a boarding home facility as defined by Section
71	71	260.001;
72	72	(7) a chemical dependency treatment facility licensed
73	73	under Subchapter A, Chapter 464;
74	74	(8) a child-care facility licensed under Chapter 42,
75	75	Human Resources Code;
76	76	(9) a family violence shelter center as defined by
77	77	Section 51.002, Human Resources Code;
78	78	(10) an entity qualified as a community home under
79	79	Chapter 123, Human Resources Code; and
80	80	(11) a hotel, as defined by Section 156.001, Tax Code.
81	81	Sec. 469.004. REQUIRED DESIGNATION OF RECOVERY HOUSE
82	82	RESPONSIBLE PARTY BY CERTAIN RECOVERY HOUSES. (a) This section
83	83	does not apply to a recovery house accredited by Oxford House
84	84	Incorporated.
85	85	(b) The standards the commission adopts must require at
86	86	least one individual to be designated to serve as the responsible
87	87	party of an accredited recovery house.
88	88	(c) A designated individual:
89	89	(1) must satisfactorily complete training the
90	90	accrediting organization provides concerning the commission's
91	91	accreditation standards and the organization's accreditation
92	92	requirements; and
93	93	(2) is responsible for administering the recovery
94	94	house in accordance with the accreditation standards and
95	95	requirements.
96	96	(d) An accredited recovery house required to designate a
97	97	responsible party under this section must notify the accrediting
98	98	organization that issued the recovery house's accreditation before
99	99	the 30th business day after the date of any change to the designated
100	100	responsible party.
101	101	Sec. 469.005. ANNUAL REPORT. The commission shall prepare
102	102	an annual report that includes information on:
103	103	(1) the total number of accredited recovery houses;
104	104	(2) the number of recovery houses accredited during
105	105	the preceding year;
106	106	(3) any issues concerning the accreditation or
107	107	reaccreditation process;
108	108	(4) the number of accredited recovery houses that had
109	109	an accreditation revoked during the preceding year; and
110	110	(5) the reasons for the revocation.
111	111	Sec. 469.006. SOLICITING. A recovery house responsible
112	112	party designated under Section 469.004 or a recovery house's
113	113	employee or agent may not offer to pay or agree to accept, directly
114	114	or indirectly, overtly or covertly, remuneration in cash or in kind
115	115	to or from another for securing or soliciting a patient or patronage
116	116	for or from a person licensed, certified, or registered by a state
117	117	health care regulatory agency.
118	118	Sec. 469.007. CERTAIN ADVERTISING PROHIBITED. (a) A
119	119	recovery house may not advertise or otherwise communicate that the
120	120	recovery house is accredited by an accrediting organization unless
121	121	the recovery house is accredited by an accrediting organization in
122	122	accordance with this chapter.
123	123	(b) A recovery house may not advertise or cause to be
124	124	advertised in any manner any false, misleading, or deceptive
125	125	information about the recovery house.
126	126	Sec. 469.008. ENFORCEMENT. If an accredited recovery house
127	127	violates this chapter, the accrediting organization that issued the
128	128	accreditation to the recovery house may suspend the accreditation
129	129	for a period not to exceed six months while the accrediting
130	130	organization conducts an audit of the recovery house. After the
131	131	audit is complete, the accrediting organization may implement a
132	132	corrective action plan or revoke the accreditation.
133	133	Sec. 469.009. FUNDING. A recovery house that is not
134	134	accredited by an accrediting organization in accordance with this
135	135	chapter is ineligible for and may not receive state money.
136	136	SECTION 2. (a) Except as otherwise provided by this
137	137	section, this Act takes effect September 1, 2023.
138	138	(b) Section 469.009, Health and Safety Code, as added by
139	139	this Act, takes effect September 1, 2025.
140	140	______________________________ ______________________________
141	141	President of the Senate Speaker of the House
142	142	I certify that H.B. No. 299 was passed by the House on April
143	143	26, 2023, by the following vote: Yeas 138, Nays 7, 1 present, not
144	144	voting.
145	145	______________________________
146	146	Chief Clerk of the House
147	147	I certify that H.B. No. 299 was passed by the Senate on May
148	148	23, 2023, by the following vote: Yeas 30, Nays 1.
149	149	______________________________
150	150	Secretary of the Senate
151	151	APPROVED: _____________________
152	152	Date
153	153	_____________________
154	154	Governor