Trial Engrossment of Amendment A05262 to Senate Bill 0446 P.N. 1379, Regular Session 2017-2018

HOUSE AMENDED

A05262

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 REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF

REPRESENTATIVES, AS AMENDED, DECEMBER 11, 2017

AN ACT

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; PROVIDING FOR JUDICIAL ADMINISTRATION; 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.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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.

(A) CERTIFICATION AND REFERRALS.-- 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 National Alliance for

Recovery Residences standards with modifications deemed

necessary by the department AND MAY CONSIDER THE RECOMMENDATIONS

OF THE CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSING TASK FORCE .

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

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eligible to receive Federal or State funding to deliver drug and

alcohol recovery housing services. INDIVIDUALS WHOSE TREATMENT

IS FUNDED WITH FEDERAL OR STATE FUNDING SHALL ONLY BE REFERRED

TO A CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSE. A STATE OR

COUNTY COURT MAY REQUIRE AN INDIVIDUAL UNDER THE JURISDICTION OF

THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE TO RESIDE IN A

CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSE. REFERRALS TO A

CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSE MADE UNDER THIS

SECTION SHALL BE MADE BASED ON CERTIFIED DRUG AND ALCOHOL

RECOVERY HOUSE AVAILABILITY.

(B) TIMING.--LICENSURE OR CERTIFICATION SHALL OCCUR NO LATER

THAN TWO YEARS FROM THE EFFECTIVE DATE OF THIS SECTION.

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

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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

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 THE 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

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OF SERVICES FROM A HEALTH CARE PROVIDER, HEALTH CARE

FACILITY OR THIRD-PARTY ENTITY.

(10) PROCEDURES FOR THE HANDLING AND FOLLOW-UP OF

COMPLAINTS.

(11) REQUIREMENTS FOR CRIMINAL HISTORY BACKGROUND CHECKS

FOR AN OWNER, ADMINISTRATOR, CHIEF FINANCIAL OFFICER,

EMPLOYEE AND VOLUNTEER, INCLUDING FEES FOR CRIMINAL HISTORY

BACKGROUND CHECKS AND RESTRICTIONS ON INDIVIDUALS WHO HAVE

CERTAIN CONVICTIONS.

(12) REQUIREMENTS FOR NOTIFICATION OF A FAMILY MEMBER

UNDER CERTAIN CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,

DEATH DUE TO AN OVERDOSE.

(13) REQUIREMENTS FOR A SUSPENSION AND REVOCATION OF

CERTIFICATION DUE TO NONCOMPLIANCE AND A REAPPLICATION

PROCESS.

(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 .

department to promulgate temporary regulations under subsection

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(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

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. INSPECTIONS

SHALL BE PERFORMED ON AN ANNUAL BASIS.

(2) THE INSPECTION REQUIRED UNDER PARAGRAPH (1) SHALL BE

COMPLETED BY THE DEPARTMENT, A SINGLE COUNTY AUTHORITY

APPROVED BY THE DEPARTMENT OR A CONTRACTED THIRD PARTY OF

EITHER.

be paid by each drug and alcohol recovery house adequate to

carry out the provisions of this subarticle. FEES SHALL INCLUDE

THE APPLICATION FOR RECERTIFICATION DUE TO NONCOMPLIANCE.

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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

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

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certification and removal from the registry.

(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 THAT MAY INCLUDE PEER SUPPORT AND OTHER RECOVERY

SUPPORT SERVICES.

SECTION 2312-A. POWERS AND DUTIES OF DEPARTMENT.

(a) Licensure or certification.-- THE DEPARTMENT SHALL

LICENSE OR CERTIFY DRUG AND ALCOHOL RECOVERY HOUSES. THE

FOLLOWING SHALL APPLY:

(1) ALL REFERRALS FROM STATE AGENCIES OR STATE-FUNDED

FACILITIES SHALL BE TO LICENSED OR CERTIFIED DRUG AND ALCOHOL

RECOVERY HOUSES.

(2) ONLY LICENSED OR CERTIFIED DRUG AND ALCOHOL RECOVERY

HOUSES MAY BE ELIGIBLE TO RECEIVE FEDERAL OR STATE FUNDING TO

DELIVER DRUG AND ALCOHOL RECOVERY HOUSING SERVICES.

(3) INDIVIDUALS WHOSE TREATMENT IS FUNDED WITH FEDERAL

OR STATE FUNDING SHALL ONLY BE REFERRED TO A CERTIFIED DRUG

AND ALCOHOL RECOVERY HOUSE.

(4) A STATE OR COUNTY COURT SHALL GIVE FIRST

CONSIDERATION TO A CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSE

WHEN RESIDENTIAL RECOMMENDATIONS ARE MADE FOR INDIVIDUALS

UNDER THEIR SUPERVISION.

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(b) Timing.--Licensure or certification shall occur no later

than two years from the effective date of this section.

SECTION 2313-A. REGULATIONS FOR LICENSURE OR CERTIFICATION OF

DRUG AND ALCOHOL RECOVERY HOUSES.

THE DEPARTMENT SHALL PROMULGATE FINAL-OMITTED 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 A DRUG AND

ALCOHOL RECOVERY HOUSE PROVIDES A SAFE ENVIRONMENT FOR

RESIDENTS. THE REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO,

THE FOLLOWING:

(1) A POLICY THAT ENSURES 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

DRUG AND ALCOHOL RECOVERY HOUSE.

(3) POLICIES REGARDING CRIMINAL BACKGROUND CHECKS FOR

OPERATORS AND EMPLOYEES OF THE DRUG AND ALCOHOL RECOVERY

HOUSE.

(4) A POLICY THAT NO DRUG AND ALCOHOL RECOVERY HOUSE

OWNER, EMPLOYEE, HOUSE OFFICER OR INDIVIDUAL RELATED TO A

DRUG AND ALCOHOL RECOVERY HOUSE OWNER, EMPLOYEE OR HOUSE

OFFICER SHALL DIRECTLY OR INDIRECTLY SOLICIT OR ACCEPT A

COMMISSION, FEE OR ANYTHING OF MONETARY OR MATERIAL VALUE

FROM RESIDENTS, OTHER RELATED INDIVIDUALS, THIRD PARTY

ENTITIES OR REFERRAL SOURCES, BEYOND SPECIFIED RENT

ESTABLISHED IN WRITING AT THE TIME OF RESIDENCY.

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(5) POLICIES AND PROCEDURES ADDRESSING THE SAFETY AND

PROTECTION OF RESIDENTS.

(6) POLICIES THAT PROMOTE RECOVERY BY REQUIRING RESIDENT

PARTICIPATION IN TREATMENT, SELF-HELP GROUPS OR OTHER

RECOVERY SUPPORTS.

(7) POLICIES REQUIRING ABSTINENCE FROM ALCOHOL AND

ILLICIT DRUGS.

(8) PROCEDURES REGARDING APPROPRIATE USE AND SECURITY OF

MEDICATION.

(9) 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 AND COMPLIANCE WITH

LOCAL FIRE CODES.

(10) 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 BENEFITS, CASH ASSISTANCE AND SNAP BENEFITS.

(11) POLICIES AND PROCEDURES FOR MANAGING COMPLAINTS

ABOUT LICENSED OR CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSES.

(12) REQUIREMENTS FOR NOTIFICATION OF A FAMILY MEMBER OR

OTHER EMERGENCY CONTACT DESIGNATED BY THE RESIDENT UNDER

CERTAIN CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, DEATH

DUE TO AN OVERDOSE.

SECTION 2314-A. LICENSURE OR CERTIFICATION.

(A) TIME PERIOD.--LICENSURE OR CERTIFICATION OF A DRUG AND

ALCOHOL RECOVERY HOUSE SHALL BE FOR A PERIOD OF ONE YEAR.

(B) COMPLIANCE OF EXISTING DRUG AND ALCOHOL RECOVERY

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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 THOSE REGULATIONS.

(1) THE DEPARTMENT SHALL ESTABLISH FEES TO BE PAID BY

EACH DRUG AND ALCOHOL RECOVERY HOUSE LICENSED OR CERTIFIED BY

THE DEPARTMENT ADEQUATE TO CARRY OUT THE PROVISIONS OF THIS

SUBARTICLE AS FOLLOWS:

(I) A FEE FOR INITIAL CERTIFICATION OR LICENSURE.

(II) A FEE FOR RECERTIFICATION OR CONTINUING

LICENSURE.

(III) A FEE FOR INVESTIGATION OF COMPLAINTS.

(2) THE DISTRIBUTION OF THE FEES SHALL BE DETERMINED BY

THE DEPARTMENT.

(3) IN ORDER FOR FEES TO BE KEPT AT A MINIMUM, THE

DEPARTMENT SHALL SEEK ALL POSSIBLE OTHER FUNDING, INCLUDING

ANY AVAILABLE FEDERAL GRANTS.

SECTION 2315-A. REGISTRY.

THE DEPARTMENT SHALL CREATE AND MAINTAIN A 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 2316-A. VIOLATIONS.

(A) PENALTIES.--A PERSON OPERATING A DRUG AND ALCOHOL

RECOVERY HOUSE THAT IS FUNDED, IN WHOLE OR IN PART, BY THE

DEPARTMENT OR A FEDERAL, OTHER STATE OR COUNTY AGENCY, THAT HAS

FAILED TO ATTAIN OR MAINTAIN LICENSURE OR CERTIFICATION OF A

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DRUG AND ALCOHOL RECOVERY HOUSE AND HAS NOT BEEN LICENSED OR

CERTIFIED BY THE DEPARTMENT SHALL PAY A FINE OF UP TO $1,000 FOR

EACH VIOLATION.

(B) REFERRAL.--IF THE DEPARTMENT DETERMINES A DRUG AND

ALCOHOL RECOVERY HOUSE IS NOT IN COMPLIANCE WITH THIS SUBARTICLE

DUE TO AN ALLEGED VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAW,

THE DEPARTMENT SHALL REFER THE MATTER TO THE APPROPRIATE AGENCY

FOR INVESTIGATION.

SECTION 2317-A. DRUG AND ALCOHOL RECOVERY HOUSE FUND.

(A) ESTABLISHMENT.--THE DRUG AND ALCOHOL RECOVERY HOUSE FUND

IS ESTABLISHED IN THE STATE TREASURY. MONEY IN THE FUND SHALL BE

USED FOR THE ENFORCEMENT OF THIS SUBARTICLE.

(B) DEPOSIT.--ALL FINES AND FEES COLLECTED UNDER THIS

SUBARTICLE SHALL BE DEPOSITED INTO THE DRUG AND ALCOHOL RECOVERY

HOUSE FUND.

SECTION 2318-A. COMPLIANCE WITH OTHER LAWS.

IN ORDER TO RECEIVE AND MAINTAIN LICENSURE OR CERTIFICATION,

A DRUG AND ALCOHOL RECOVERY HOUSE MUST BE IN COMPLIANCE WITH ALL

FEDERAL, STATE AND LOCAL LAWS, INCLUDING, BUT NOT LIMITED TO,

THE AMERICANS WITH DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336,

104 STAT. 327). 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 TWO

YEARS 180 days.

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