Require all recovery residences to be registered with the state
Impact
If enacted, HB 5239 will significantly impact state laws concerning the management and regulation of recovery residences. This includes the introduction of a reporting framework that mandates regular updates from service providers about their compliance with licensing standards. The bill further establishes a revocation process for non-compliance that could directly affect the operation of substance use disorder service programs. Furthermore, it introduces civil penalties for violations, ranging from $5,000 per day to $25,000 per year, thereby creating a more structured regulatory environment for these programs.
Summary
House Bill 5239 is a legislative proposal aimed at establishing a licensure procedure for recovery residences and residential substance use disorder service programs in West Virginia. The bill seeks to amend the Code of West Virginia to add a new article that defines critical terms related to substance use disorders, outlines the application process for licensure, and sets forth specific program requirements. These requirements include the necessity for providers to offer a comprehensive range of services, from behavioral health to medical care, and ensure compliance with defined standards for operation and care delivery.
Sentiment
The sentiment around HB 5239 appears to be supportive among legislative proponents who view it as a necessary step towards enhancing the effectiveness and accountability of substance use disorder services. Many legislators argue that these regulations will protect individuals in recovery by ensuring that services meet specified health and safety standards. However, there may also be concerns regarding the potential bureaucratic burden this could impose on smaller service providers.
Contention
Notable points of contention may arise around the degree of regulation imposed on recovery residences and how this could affect their operational flexibility. Critics might be concerned that overly stringent licensing requirements could limit the ability of some service providers to offer tailored support to individuals based on their specific local community needs. Additionally, the implementation of civil penalties could be perceived as a punitive approach, which may not align well with the rehabilitative ethos commonly associated with recovery support services.
Develop a licensure process for recovery residences or other residential settings that present as a location where substance use disorder recovery can be facilitated
Develop a licensure process for recovery residences or other residential settings that present as a location where substance use disorder recovery can be facilitated
Develop a licensure process for recovery residences or other residential settings that present as a location where substance use disorder recovery can be facilitated
Medical claims filing timelines, withdrawal management services, and mental health diagnostic services assessments provisions modified; and closure planning requirements imposed on peer recovery supports providers.