Please wait while the document is loaded.

A02778
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
446
Session of
2017
INTRODUCED BY McGARRIGLE, YAW, SCARNATI, RESCHENTHALER, MARTIN,
TOMLINSON, TARTAGLIONE, FOLMER, KILLION, WARD, VULAKOVICH,
BARTOLOTTA, BROWNE, BREWSTER, WAGNER AND RAFFERTY,
MARCH 2, 2017
AS AMENDED ON THIRD CONSIDERATION, JUNE 20, 2017
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, providing for drug and
alcohol recovery houses and establishing the Drug and Alcohol
Recovery House Fund.
AMENDING THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), ENTITLED,
AS AMENDED, "AN ACT PROVIDING FOR AND REORGANIZING THE
CONDUCT OF THE EXECUTIVE AND ADMINISTRATIVE WORK OF THE
COMMONWEALTH BY THE EXECUTIVE DEPARTMENT THEREOF AND THE
ADMINISTRATIVE DEPARTMENTS, BOARDS, COMMISSIONS, AND OFFICERS
THEREOF, INCLUDING THE BOARDS OF TRUSTEES OF STATE NORMAL
SCHOOLS, OR TEACHERS COLLEGES; ABOLISHING, CREATING,
REORGANIZING OR AUTHORIZING THE REORGANIZATION OF CERTAIN
ADMINISTRATIVE DEPARTMENTS, BOARDS, AND COMMISSIONS; DEFINING
THE POWERS AND DUTIES OF THE GOVERNOR AND OTHER EXECUTIVE AND
ADMINISTRATIVE OFFICERS, AND OF THE SEVERAL ADMINISTRATIVE
DEPARTMENTS, BOARDS, COMMISSIONS, AND OFFICERS; FIXING THE
SALARIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND CERTAIN
OTHER EXECUTIVE AND ADMINISTRATIVE OFFICERS; PROVIDING FOR
THE APPOINTMENT OF CERTAIN ADMINISTRATIVE OFFICERS, AND OF
ALL DEPUTIES AND OTHER ASSISTANTS AND EMPLOYES IN CERTAIN
DEPARTMENTS, BOARDS, AND COMMISSIONS; PROVIDING FOR THE
REGULATION OF PARI-MUTUEL THOROUGHBRED HORSE RACING AND
HARNESS HORSE RACING ACTIVITIES, IMPOSING CERTAIN TAXES AND
PROVIDING FOR THE DISPOSITION OF FUNDS FROM PARI-MUTUEL
TICKETS; AND PRESCRIBING THE MANNER IN WHICH THE NUMBER AND
COMPENSATION OF THE DEPUTIES AND ALL OTHER ASSISTANTS AND
EMPLOYES OF CERTAIN DEPARTMENTS, BOARDS AND COMMISSIONS SHALL
BE DETERMINED," IN POWERS AND DUTIES OF THE DEPARTMENT OF
DRUG AND ALCOHOL PROGRAMS, PROVIDING FOR DRUG AND ALCOHOL
RECOVERY HOUSES AND ESTABLISHING THE DRUG AND ALCOHOL
RECOVERY HOUSE FUND; AND MAKING EDITORIAL CHANGES.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 68 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 57
DRUG AND ALCOHOL RECOVERY HOUSES
Sec.
5701. Definitions.
5702. Powers and duties of department.
5703. Regulations for licensure or certification of drug and
alcohol recovery houses.
5704. Funding.
5705. Licensure or certification.
5706. Registry.
5707. Violations.
5708. Restricted account.
5709. Compliance with other laws.
§ 5701. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Drug and Alcohol Programs of
the Commonwealth.
"Drug and alcohol recovery house." Housing for individuals
recovering from drug or alcohol addiction, which provides those
individuals with a safe and supportive drug and alcohol-free
environment, peer support and other recovery support services
that may include coordination of treatment services.
§ 5702. Powers and duties of department.
The department shall license or certify drug and alcohol
A02778 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
recovery houses directly or through a contracted entity, as
defined by department guidelines, which shall adhere to National
Alliance for Recovery Residences standards with modifications
deemed necessary by the department. All referrals from State
agencies or State-funded facilities shall be to licensed or
certified drug and alcohol recovery houses, and only licensed or
certified recovery houses may be eligible to receive Federal or
State funding to deliver drug and alcohol recovery housing
services.
§ 5703. Regulations for licensure or certification of drug and
alcohol recovery houses.
(a) Regulations.--The department may promulgate regulations
for the licensure or certification of drug and alcohol recovery
houses to ensure that the drug and alcohol recovery houses
provide a safe environment for residents. The regulations may
include, but not be limited to, the following:
(1) Upon admission, ensuring that residents are informed
of all drug and alcohol recovery house rules, residency
requirements and lease agreements.
(2) Policies and procedures for management of all funds
received and expended by the drug and alcohol recovery house
in accordance with standard accounting practices, including
funds received from or managed on behalf of residents of the
house.
(3) Policies and procedures addressing the safety and
protection of residents.
(4) Policies that promote recovery by requiring resident
participation in treatment, self-help groups or other
recovery supports.
(5) Policies requiring abstinence from alcohol and other
A02778 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
illicit drugs.
(6) Procedures regarding appropriate use and security of
medication.
(7) The maintenance of the property in which the drug
and alcohol recovery house is located, including, but not
limited to, the installation of functioning smoke detectors,
carbon monoxide detectors and fire extinguishers.
(b) Temporary regulations.--In order to facilitate the
prompt implementation of this chapter, regulations promulgated
by the department shall be deemed temporary regulations that
shall not expire for a period of three years following
publication. Temporary regulations shall not be subject to:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(c) Expiration of authority.--The authority of the
department to promulgate temporary regulations under subsection
(b) shall expire three years after the effective date of this
section. Regulations adopted after this period shall be
promulgated as provided by law.
§ 5704. Funding.
A drug and alcohol recovery house or other recovery house
shall not be authorized to provide services or receive funding
from the department or any Federal, State or county agency
without licensure or certification.
A02778 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 5705. Licensure or certification.
(a) Time period.--Licensure or certification shall last for
a period of two years.
(b) Compliance of existing drug and alcohol recovery
houses.--A drug and alcohol recovery house in existence on the
effective date of this section may be deemed licensed or
certified by the department after inspection and if the drug and
alcohol recovery house provides documentation to the department
within 180 days after the promulgation of regulations by the
department that it is in compliance with the regulations.
(c) Fee.--The department shall establish a fee to be paid by
each drug and alcohol recovery house adequate to carry out the
provisions of this chapter.
§ 5706. Registry.
The department shall create and maintain a publicly
accessible registry on its publicly accessible Internet website
of all licensed or certified drug and alcohol recovery houses
within this Commonwealth, which shall be updated annually by the
department.
§ 5707. Violations.
A person owning a drug and alcohol recovery house that has
failed to attain or maintain licensure or certification of a
drug and alcohol recovery house and has not been licensed or
certified by the department shall pay a fine of $1,000 for each
violation.
§ 5708. Restricted account.
All fines and fees collected shall be deposited into a
restricted account in the department which is established and
shall be known as the Drug and Alcohol Recovery House Fund.
Money in this account is to be utilized for the enforcement of
A02778 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
this chapter.
§ 5709. Compliance with other laws.
In order to receive and maintain licensure or certification,
all drug and alcohol recovery houses must be in compliance with
all Federal, State and local ordinances. Failure to comply or
remain in compliance shall result in loss of licensure or
certification and removal from the registry.
Section 2. This act shall take effect in 120 days.
SECTION 1. ARTICLE XXIII-A OF THE ACT OF APRIL 9, 1929
(P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, IS
AMENDED BY ADDING A SUBARTICLE HEADING TO READ:
(A) GENERAL PROVISIONS
SECTION 2. ARTICLE XXIII-A OF THE ACT IS AMENDED BY ADDING A
SUBARTICLE TO READ:
(B) DRUG AND ALCOHOL RECOVERY HOUSES
SECTION 2311-A. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"DEPARTMENT." THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS OF
THE COMMONWEALTH.
"DRUG AND ALCOHOL RECOVERY HOUSE." HOUSING FOR INDIVIDUALS
RECOVERING FROM DRUG OR ALCOHOL ADDICTION, WHICH PROVIDES THOSE
INDIVIDUALS WITH A SAFE AND SUPPORTIVE DRUG AND ALCOHOL-FREE
ENVIRONMENT, PEER SUPPORT AND OTHER RECOVERY SUPPORT SERVICES
THAT MAY INCLUDE COORDINATION OF TREATMENT SERVICES.
SECTION 2312-A. POWERS AND DUTIES OF DEPARTMENT.
THE DEPARTMENT SHALL LICENSE OR CERTIFY DRUG AND ALCOHOL
RECOVERY HOUSES DIRECTLY OR THROUGH A CONTRACTED ENTITY, AS
DEFINED BY DEPARTMENT GUIDELINES, WHICH SHALL may ADHERE TO
A02778 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
NATIONAL ALLIANCE FOR RECOVERY RESIDENCES STANDARDS WITH
MODIFICATIONS DEEMED NECESSARY BY THE DEPARTMENT. ALL REFERRALS
FROM STATE AGENCIES OR STATE-FUNDED FACILITIES SHALL BE TO
LICENSED OR CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSES, AND ONLY
LICENSED OR CERTIFIED RECOVERY HOUSES MAY BE ELIGIBLE TO RECEIVE
FEDERAL OR STATE FUNDING TO DELIVER DRUG AND ALCOHOL RECOVERY
HOUSING SERVICES.
SECTION 2313-A. REGULATIONS FOR LICENSURE OR CERTIFICATION OF
DRUG AND ALCOHOL RECOVERY HOUSES.
(A) REGULATIONS.--THE DEPARTMENT MAY PROMULGATE REGULATIONS
FOR THE LICENSURE OR CERTIFICATION OF DRUG AND ALCOHOL RECOVERY
HOUSES THAT RECEIVE FUNDS OR REFERRALS FROM THE DEPARTMENT, OR A
FEDERAL, STATE OR OTHER COUNTY AGENCY, TO ENSURE THAT THE DRUG
AND ALCOHOL RECOVERY HOUSES PROVIDE A SAFE ENVIRONMENT FOR
RESIDENTS. THE REGULATIONS MAY INCLUDE, BUT NOT BE LIMITED TO,
THE FOLLOWING:
(1) UPON ADMISSION, ENSURING THAT RESIDENTS ARE INFORMED
OF ALL DRUG AND ALCOHOL RECOVERY HOUSE RULES, RESIDENCY
REQUIREMENTS AND LEASE AGREEMENTS.
(2) POLICIES AND PROCEDURES FOR MANAGEMENT OF ALL FUNDS
RECEIVED AND EXPENDED BY THE DRUG AND ALCOHOL RECOVERY HOUSE
IN ACCORDANCE WITH STANDARD ACCOUNTING PRACTICES, INCLUDING
FUNDS RECEIVED FROM OR MANAGED ON BEHALF OF RESIDENTS OF THE
HOUSE. AS USED IN THIS PARAGRAPH, THE TERM "FUNDS" DOES NOT
INCLUDE PUBLIC ASSISTANCE BENEFITS, INCLUDING, BUT NOT
LIMITED TO, MEDICAL ASSISTANCE, CASH ASSISTANCE AND FOOD
STAMPS.
(3) POLICIES AND PROCEDURES ADDRESSING THE SAFETY AND
PROTECTION OF RESIDENTS.
(4) POLICIES THAT PROMOTE RECOVERY BY REQUIRING RESIDENT
A02778 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
PARTICIPATION IN TREATMENT, SELF-HELP GROUPS OR OTHER
RECOVERY SUPPORTS.
(5) POLICIES REQUIRING ABSTINENCE FROM ALCOHOL AND OTHER
ILLICIT DRUGS.
(6) PROCEDURES REGARDING APPROPRIATE USE AND SECURITY OF
MEDICATION.
(7) THE MAINTENANCE OF THE PROPERTY IN WHICH THE DRUG
AND ALCOHOL RECOVERY HOUSE IS LOCATED, INCLUDING, BUT NOT
LIMITED TO, THE INSTALLATION OF FUNCTIONING SMOKE DETECTORS,
CARBON MONOXIDE DETECTORS AND FIRE EXTINGUISHERS.
(8) POLICIES AND PROCEDURES WHICH PROHIBIT AN OWNER,
HOUSE ADMINISTRATOR OR EMPLOYEE OF A DRUG AND ALCOHOL
RECOVERY HOUSE FROM REQUIRING A RESIDENT TO SIGN ANY DOCUMENT
FOR THE PURPOSE OF RELINQUISHING THE RESIDENT'S PUBLIC
ASSISTANCE BENEFITS, INCLUDING, BUT NOT LIMITED TO, MEDICAL
ASSISTANCE, CASH ASSISTANCE AND FOOD STAMPS.
(9) Policies prohibiting an owner , house administrator
or employee from offering, paying, soliciting or receiving a
commission, bonus or rebate, directly or indirectly, in cash
or in kind, or engaging in a split-fee arrangement for any of
the following:
(i) to induce t he referral of patients or patronage
to or from a health care provider, health care facility
or other third-party entity; or
(ii) in return for the acceptance or acknowledgment
of services from a health care provider, health care
facility or thir d-party entity.
(10) Procedures for the handling and follow-up of
complaints.
(B) TEMPORARY REGULATIONS.--IN ORDER TO FACILITATE THE
A02778 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
PROMPT IMPLEMENTATION OF THIS CHAPTER, REGULATIONS PROMULGATED
BY THE DEPARTMENT SHALL BE DEEMED TEMPORARY REGULATIONS THAT
SHALL NOT EXPIRE FOR A PERIOD OF THREE YEARS FOLLOWING
PUBLICATION. TEMPORARY REGULATIONS SHALL NOT BE SUBJECT TO:
(1) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF
JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW .
(2) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER
15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
ATTORNEYS ACT .
(3) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT .
(C) EXPIRATION OF AUTHORITY.--THE AUTHORITY OF THE
DEPARTMENT TO PROMULGATE TEMPORARY REGULATIONS UNDER SUBSECTION
(B) SHALL EXPIRE THREE YEARS AFTER THE EFFECTIVE DATE OF THIS
SECTION. REGULATIONS ADOPTED AFTER THIS PERIOD SHALL BE
PROMULGATED AS PROVIDED BY LAW.
SECTION 2314-A. FUNDING.
A DRUG AND ALCOHOL RECOVERY HOUSE OR OTHER RECOVERY HOUSE
SHALL NOT BE AUTHORIZED TO PROVIDE SERVICES OR RECEIVE FUNDING
FROM THE DEPARTMENT OR ANY FEDERAL, STATE OR COUNTY AGENCY
WITHOUT LICENSURE OR CERTIFICATION.
SECTION 2315-A. LICENSURE OR CERTIFICATION.
(A) TIME PERIOD.--LICENSURE OR CERTIFICATION SHALL LAST FOR
A PERIOD OF TWO YEARS.
(B) COMPLIANCE OF EXISTING DRUG AND ALCOHOL RECOVERY
HOUSES.--A DRUG AND ALCOHOL RECOVERY HOUSE IN EXISTENCE ON THE
houses.--
(1) A drug and alcohol recovery house in existence on
the effective date of this section may be deemed licensed or
A02778 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
certified by the department after inspection and if the drug
and alcohol recovery house provides documentation to the
department within 180 days after the promulgation of
regulations by the department that it is in compliance with
the regulations promulgated by the department .
(2) The inspection required under paragraph (1) shall be
completed by the depart ment, a single county authority
approved by the department or a contracted third party of
either.
(C) FEE Fees .--THE DEPARTMENT SHALL ESTABLISH A FEE fees TO
BE PAID BY EACH DRUG AND ALCOHOL RECOVERY HOUSE ADEQUATE TO
CARRY OUT THE PROVISIONS OF THIS SUBARTICLE.
SECTION 2316-A. REGISTRY.
THE DEPARTMENT SHALL CREATE AND MAINTAIN A PUBLICLY
ACCESSIBLE REGISTRY ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE
OF ALL LICENSED OR CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSES
WITHIN THIS COMMONWEALTH, WHICH SHALL BE UPDATED ANNUALLY BY THE
DEPARTMENT.
SECTION 2317-A. VIOLATIONS.
(A) PENALTIES.--A PERSON OWNING A DRUG AND ALCOHOL RECOVERY
HOUSE THAT IS FUNDED, IN WHOLE OR IN PART, WITH FUNDING FROM THE
DEPARTMENT, OR A FEDERAL, OTHER STATE OR COUNTY AGENCY, THAT HAS
FAILED TO ATTAIN OR MAINTAIN LICENSURE OR CERTIFICATION OF A
DRUG AND ALCOHOL RECOVERY HOUSE AND HAS NOT BEEN LICENSED OR
CERTIFIED BY THE DEPARTMENT SHALL PAY A FINE OF $1,000 FOR EACH
VIOLATION.
(B) REFERRAL.--IF THE DEPARTMENT DETERMINES A DRUG AND
ALCOHOL RECOVERY HOUSE IS NOT IN COMPLIANCE WITH THIS ARTICLE
DUE TO AN ALLEGED VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAW,
THE DEPARTMENT SHALL REFER THE MATTER TO THE APPROPRIATE AGENCY
A02778 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
FOR INVESTIGATION.
SECTION 2318-A. RESTRICTED ACCOUNT.
ALL FINES AND FEES COLLECTED SHALL BE DEPOSITED INTO A
RESTRICTED ACCOUNT IN THE DEPARTMENT WHICH IS ESTABLISHED AND
SHALL BE KNOWN AS THE DRUG AND ALCOHOL RECOVERY HOUSE FUND.
MONEY IN THIS ACCOUNT IS TO BE UTILIZED FOR THE ENFORCEMENT OF
THIS SUBARTICLE.
SECTION 2319-A. COMPLIANCE WITH OTHER LAWS.
IN ORDER TO RECEIVE AND MAINTAIN LICENSURE OR CERTIFICATION,
ALL DRUG AND ALCOHOL RECOVERY HOUSES MUST BE IN COMPLIANCE WITH
ALL FEDERAL, STATE AND LOCAL ORDINANCES. FAILURE TO COMPLY OR
REMAIN IN COMPLIANCE SHALL RESULT IN LOSS OF LICENSURE OR
CERTIFICATION AND REMOVAL FROM THE REGISTRY.
SECTION 3. THIS ACT SHALL TAKE EFFECT IN 120 180 DAYS.
A02778 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14