HB 2843 — sober living homes; fees; penalties

HB2843 - 542R - H-HealthH &Ver Human  Services-Proposed    Fifty-fourthHouse Legislature                                 Engrossed Health  &  Human  Services  State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session                                                 Session H.B.    HOUSE BILL 2843       AN ACT   Amending sections 36‑2062 and 36‑2063, Arizona Revised Statutes;

 relating PROPOSEDto HOUSEsober OFliving REPRESENTATIVEShomes. AMENDMENTS TO H.B.

2843 (Reference to printed bill)     Page(TEXT 1,OF lineBILL 4,BEGINS strikeON "inspections"NEXT insertPAGE) "civil  penalty"Be Pageit 2,enacted lineby 12, after the periodLegislature strike remainder of line Strike lines through 15, insert "A person operating a sober living home in this state that has failed to attain or maintain licensure of the soberState living home shall pay a civil penalty of upArizona: to one thousand dollars $1,000 for each violation." Line 42, after the period strike remainder of line Line 43, strike "renewal may not exceed $500." Line 44, after the period insert "The fee for initial licensure and for license renewal may not exceed the following:

Section 1.  Section 36-2062, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2062.  Licensure;

standards;

civil penalty;

use of title A.  The director shall adopt rules to establish minimum standards and requirements for the licensure of sober living homes in this state necessary to ensure the public health, safety and welfare.  The director may use the current standards adopted by any recognized national organization approved by the department as guidelines in prescribing the minimum standards and requirements under this subsection.  The standards shall include:

1.  A requirement that each sober living home to develop policies and procedures to allow individuals who are on medication‑assisted treatment to continue to receive this treatment while living in the sober living home.

2.  Consistent and fair practices for drug and alcohol testing, including frequency, that promote the residents' recovery.

3.  Policies and procedures for the residence to maintain an environment that promotes the safety of the surrounding neighborhood and the community at large.

4.  Policies and procedures for discharge planning of persons living in the residence that do not negatively impact the surrounding community.

5.  A good neighbor policy to address neighborhood concerns and complaints.

6.  A requirement that the operator of each sober living home have available for emergency personnel an up‑to‑date list of current medications and medical conditions of each person living in the home.

7.  A policy that ensures residents are informed of all sober living home rules, residency requirements and resident agreements.

8.  Policies and procedures for the management of all monies received and spent by the sober living home in accordance with standard accounting practices, including monies received from residents of the sober living home.

9.  A requirement that each sober living home post a statement of resident rights that includes the right to file a complaint about the residence or provider and information about how to file a complaint.

10.  Policies that promote recovery by requiring residents to participate in treatment, self‑help groups or other recovery supports.

11.  Policies requiring abstinence from alcohol and illicit drugs.

12.  Procedures regarding the appropriate use and security of medication by a resident.

13.  Policies regarding the maintenance of sober living homes, including the installation of functioning smoke detectors, carbon monoxide detectors and fire extinguishers and compliance with local fire codes applicable to comparable dwellings occupied by single families.

14.  Policies and procedures that prohibit a sober living home owner, employee or administrator from requiring a resident to sign any document for the purpose of relinquishing the resident's public assistance benefits, including medical assistance benefits, cash assistance and supplemental nutrition assistance program benefits.

15.  Policies and procedures for managing complaints about sober living homes.

16.  Requirements for the notification of a family member or other emergency contact designated by a resident under certain circumstances, including death due to an overdose.

B.  The licensure of a sober living home under this article is for one year three years.  A person operating a sober living home in this state that has failed to attain or maintain licensure of the sober living home shall pay a civil penalty of up to one thousand dollars $1,000 for each violation.

C.  To receive and maintain licensure, a sober living home must comply with all federal, state and local laws, including the Americans with disabilities act of 1990.  D.  A treatment facility that is licensed by the department for the treatment of substance use disorders and that has one or more sober living homes on the same campus as the facility's program shall obtain licensure for each sober living home pursuant to this article.

E.  Once the director adopts the minimum standards as required in subsection A of this section, a person may not establish, conduct or maintain in this state a sober living home unless that person holds a current and valid license issued by the department or is certified as prescribed in section 36‑2064.

The license is valid only for the establishment, operation and maintenance of the sober living home.  The licensee may not:

1.  Imply by advertising,  or directory listing or otherwise that the licensee is authorized to perform services more specialized or of a higher degree of care than is authorized by this article and the underlying adopted rules for sober living homes.

2.  Transfer or assign the license.  A license is valid only for the premises occupied by the sober living home at the time of its issuance.END_STATUTE Sec. 2.  Section 36-2063, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2063.  Fees;

licensure;

renewal;

inspections;

investigations;

sanctions A.  The department shall establish fees for initial licensure and license renewal and a fee for the late payment of licensing fees that includes a grace period.  the department may not charge a fee on a per bed basis.  The fee for initial licensure and for license renewal may not exceed the following:

B."B.  The Reletterdepartment shall deposit, pursuant to conformsections Amend35‑146 titleand 35‑147, ninety percent of the fees collected pursuant to conformthis  section  in NANCYthe K.health services licensing fund established by section 36‑414 and ten percent of the fees collected pursuant to this section in the state general fund.

BARTOB.  C.  On  a  determination 2843BARTOby 02/19/2020the 09:56director AMthat C:there is reasonable cause to believe a sober living home is not adhering to the licensing requirements of this article, the director and any duly designated employee or agent of the director may enter on and into the premises of any sober living home that is licensed or required to be licensed pursuant to this article at any reasonable time for the purpose of determining the state of compliance with this article, the rules adopted pursuant to this article and local fire ordinances or rules.  Any application for licensure under this article constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the application and, if licensed, during the term of the license.  If an inspection reveals that the sober living home is not adhering to the licensing requirements established pursuant to this article, the director may take action authorized by this article.  Any sober living home whose license has been suspended or revoked in accordance with this article is subject to inspection on application for relicensure or reinstatement of license.

MHC.  The  director may impose a civil penalty on a person that violates this article or the rules adopted pursuant to this article in an amount of not more than five hundred dollars for each violation.  Each day that a violation occurs constitutes a separate violation.  The director may issue a notice that includes the proposed amount of the civil penalty assessment.  If a person requests a hearing to appeal an assessment, the director may not take further action to enforce and collect the assessment until the hearing process is complete.  The director shall impose a civil penalty only for those days for which the violation has been documented by the department.

D.  The department may impose sanctions and commence disciplinary actions against a licensed sober living home, including revoking the license.  A license may not be suspended or revoked under this article without affording the licensee notice and an opportunity for a hearing as provided in title 41, chapter 6, article 10.