HB 462 — AN ACT relating to recovery residences.

UNOFFICIALCHAPTER COPY132 241 RSCHAPTER 132 ( HB 462/GA462 ) AN ACT relating to recovery residences.

1.[(a)] Holds itself out as a recovery residence, recovery home, sober living residence, alcohol, illicit drug, and other intoxicating substance-substance-free free home for unrelated individuals, or any other similarly named or identified residence that promotes substance use disorder recovery through abstinence from intoxicating substances;

and Page2.[(b)]Provides 1 of 8 HB046210.100 - 1812 - XXXX 2/23/2024 9:30 AM GA UNOFFICIAL COPY 24 RS HB 462/GA 2.[(b)] Provides a housing arrangement for a group of unrelated individuals who are recovering from substance use disorders or to a group of parents who are recovering from a substance use disorder and their children, including peer-to-peer supervision models;

and (7) "Resident-driven length of stay" means the amount of time an individual is allowed to stay at a recovery residence as determined by the individual resident based upon his or her recovery needs and not by a third-partythird- party payor.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) (a) Effective July 1, 2024, no individual or entity shall, except as provided in paragraph (b) of this subsection and subsection (2) of this section, establish, operate, or maintain a recovery residence, recovery home, sober living residence, alcohol, illicit drug, and other intoxicating substance-free home for unrelated individuals, or any other similarly named or identified residence that promotes substance use disorder recovery through abstinence from Page 2 of 8 HB046210.100 - 1812 - XXXX 2/23/2024 9:30 AM GA UNOFFICIAL COPY 24 RS HB 462/GA intoxicating substances or represent, promote, advertise, or otherwise claim to operate a recovery residence, recovery home, sober living residence, alcohol, illicit drug, and other intoxicating substance-free home for unrelated individuals, or any other similarly named or identified residence that promotes substance use disorder recovery through abstinence from intoxicating substances unless that individual or entity has:

(a) A recovery residence operating without certification from a certifying organization on June 30, 2024, shall be permitted to continue to operate until December 31, 2024, if, except as provided in paragraph (c) of this subsection, the recovery residence provides the cabinet with proof that it initiated a certification process with a certifying organization prior to July 1, Page 3 of 8 HB046210.100 - 1812 - XXXX 2/23/2024 9:30 AM GA UNOFFICIAL COPY 24 RS HB 462/GA 2024;[ and] (b) A recovery residence that seeks to begin operating after July 1, 2024, may be permitted by the cabinet to operate for a period of not more than six (6) months if the recovery residence provides the cabinet with proof that it has initiated a certification process with a certifying organization;

and (f) Notify local governments with appropriate jurisdiction of receipt of proof of certification from a recovery residence within thirty (30) days of receipt of Page 4 of 8 HB046210.100 - 1812 - XXXX 2/23/2024 9:30 AM GA UNOFFICIAL COPY 24 RS HB 462/GA proof of certification.

CHAPTER 132 3 (2) The cabinet shall not disclose the address of a recovery residence except to local governments, local law enforcement, and emergency personnel.

(b) Any person or entity who knowingly establishes, maintains, or operates an uncertified recovery residence in violation of Section 2 of this Act may be subject to civil fines established by the cabinet through the promulgation of Page 5 of 8 HB046210.100 - 1812 - XXXX 2/23/2024 9:30 AM GA UNOFFICIAL COPY 24 RS HB 462/GA an administrative regulation or by a local government through the enactment of a local ordinance.

(3) (a) The requirement that residents abstain from the use of intoxicating substances established in subsection (1)(b) of this section shall not apply to any legally Page 6 of 8 HB046210.100 - 1812 - XXXX 2/23/2024 9:30 AM GA UNOFFICIAL COPY 24 RS HB 462/GA prescribed medication when used by a resident as directed by a licensed prescriber.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) The prohibition on the provision of on-site medical and clinical services established in subsection (2) of this section shall not apply to:

The provision of on-site medical and clinical services, including telehealth services and other in-residencein- residence services, to an individual residing in a recovery residence by a licensed medical or behavioral health provider provided that:

The recovery residence is operated by or is a direct Page 7 of 8 HB046210.100 - 1812 - XXXX 2/23/2024 9:30 AM GA UNOFFICIAL COPY 24 RS HB 462/GA subsidiary of the licensed provider and the services are provided as part of a continuum of care that can be shown by the recovery residence operator to include step-down facilities with resident-driven length of stay or referral thereof;

The recovery residence has not required or otherwise induced a resident to receive services from a specific provider unless the recovery residence is operated by or is a direct subsidiary of the of the provider and the services are provided as part of a continuum of care that can be shown by the recovery residence operator to include step-downstep- down facilities with resident-driven length of stay or referral thereof;

The licensed provider and the recovery residence shall each, as applicable, comply with 18 U.S.C.

1320a-1320a-7b(b), 7b(b), and 42 U.S.C.

PageSigned 8by ofGovernor 8April HB046210.1009, -2024. 1812 - XXXX 2/23/2024 9:30 AM GA