Bill Text: CA SB913 | 2023-2024 | Regular Session | Amended

California Senate Bill 913

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Substance use disorder treatment: facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-14 - Set for hearing May 16. [SB913 Detail]

Download: California-2023-SB913-Amended.html

Amended IN Senate March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 913

Introduced by Senator Umberg

January 08, 2024

An act to amend ~~Section 123279~~ Sections 11831.65 and 11834.01 of the Health and Safety Code, relating to ~~human services.~~ substance use disorder treatment.

LEGISLATIVE COUNSEL'S DIGEST

SB 913, as amended, Umberg. ~~Health.~~ Substance use disorder treatment: facilities.

Existing law requires laboratories or certified outpatient treatment programs that lease, manage, or own housing that is offered to individuals using the laboratory or outpatient treatment services to maintain separate housing contracts stating that payment for the housing is the patient’s responsibility and does not depend on insurance benefits. Existing law requires alcoholism or drug abuse recovery or treatment facilities to only offer discounted postdischarge housing and specified transportation services under certain conditions, including that the patient enters into a repayment plan for any subsidized rent.
This bill would authorize a city attorney of a city in which the housing units are located or the district attorney of a county if the housing units are located in the unincorporated area of the county to enforce the above provisions.
Existing law grants the sole authority in state government to the State Department of Health Care Services to license adult alcoholism or drug abuse recovery or treatment facilities, and authorizes the department to conduct site visits to licensed facilities for the purpose of determining compliance with applicable statutes and regulations.
This bill would additionally authorize a city, or a county if a facility is located within the unincorporated area of the county, with the approval of the department, to conduct site visits, and would require the department to develop a process that allows a city or county to request approval from the department for the city or county to conduct a site visit, or to request that the department conduct a site visit, as specified.
Existing law authorizes the State Department of Public Health to establish a program designed to provide eligible individuals with coupons that may be exchanged for fresh, nutritious foods at farmers’ markets pursuant to a program established under federal law, the WIC Farmers’ Market Nutrition Act of 1992.
~~This bill would make a technical, nonsubstantive change to these provisions.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 11831.65 of the Health and Safety Code is amended to read:

11831.65.

(a) A laboratory or certified outpatient treatment program that leases, manages, or owns housing units that are offered to individuals who concurrently utilize laboratory or outpatient services shall maintain separate contracts for the housing. The contract shall clearly state that payment for housing is the responsibility of the individual and does not depend on insurance benefits. The contract shall include a repayment plan for any subsidized rent, and the laboratory or certified outpatient treatment program shall make a good faith effort to collect the debt. The offer for housing shall not depend on the individual’s agreement to receive services from either the laboratory or the certified outpatient treatment program.

(b) An alcoholism or drug abuse recovery or treatment facility licensed under this part shall only offer an individual discounted housing following discharge from the facility if all of the following conditions are met:

(1) The alcoholism or drug abuse recovery or treatment facility and the individual enter into a written contract for housing that is separate from the contract for treatment, if the individual also pursues outpatient treatment.

(2) The contract described in paragraph (1) includes a repayment plan for any subsidized rent, and the alcoholism or drug abuse recovery or treatment facility makes a good faith effort to collect the debt.

(3) The offer for housing is not dependent upon the individual’s agreement to attend outpatient treatment at a program that is owned or operated by the alcoholism or drug abuse recovery or treatment facility.

(c) An alcoholism or drug abuse recovery or treatment facility licensed under this part shall only offer transportation services to an individual who is seeking recovery or treatment services if all of the following conditions are met:

(1) Any ground transportation provided to an individual who is seeking recovery or treatment services is for a distance of less than 125 miles.

(2) Any air transportation provided to an individual who is seeking recovery or treatment services includes a return ticket that may be used by the individual upon discharge.

(3) A return ticket not used by an individual upon discharge is made available to the individual upon request for a period of one year following the individual’s discharge.

(d) This section does not prohibit a person, program, or entity from providing an individual educational or informational materials about community resources, including, but not limited to, housing assistance.

(e) The provisions of this section may be enforced by the city attorney of a city in which the housing units are located or by the district attorney if the housing units are located in the unincorporated area of the county.

SEC. 2.

Section 11834.01 of the Health and Safety Code is amended to read:

11834.01.

The department has the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment ~~facilities.~~ facilities, consistent with all of the following:

(a) In administering this chapter, the department shall issue new licenses for a period of two years to those programs that meet the criteria for licensure set forth in Section 11834.03.

(b) Onsite program visits for compliance shall be conducted at least once during the license period.

(c) The department may conduct announced or unannounced site visits to facilities licensed pursuant to this chapter for the purpose of reviewing for compliance with all applicable statutes and regulations.

(d) (1) The department shall adopt a process that allows a city or county to request approval from the department to conduct a site visit as described in subdivision (c).
(2) A city, or a county if the facility is located within the unincorporated area of the county, may request permission from the department to conduct a site visit pursuant to the process described in paragraph (1) and, upon the approval of the department, may conduct an announced or unannounced site visit as described in subdivision (c).
(3) The request described in paragraph (2) shall include reasonable grounds that the facility is not in compliance with this chapter.
(e) The department shall develop a process that allows a city, or a county if the facility is located within the unincorporated area of the county, to request the department, on behalf of the city or county, to conduct announced or unannounced site visits to unlicensed sober living homes based upon the city or county’s reasonable belief that the home is providing one or more recovery, treatment, or detoxification services requiring licensing pursuant to this chapter.

SECTION 1.Section 123279 of the Health and Safety Code is amended to read:
123279.
(a) It is the intent of the Legislature in adding this section to authorize the establishment of a program designed to implement the federal WIC Farmers’ Market Nutrition Act of 1992 (Public Law 102-314), which is designed to accomplish the following:
~~(1) Provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers’ markets.~~
~~(2) Expand the awareness and use of certified farmers’ markets and increase sales at those markets.~~
~~(b) The department may establish a program designed to implement the federal WIC Farmers Market Nutrition Act of 1992.~~
(c) If the program is established, the department shall develop criteria to permit any producer authorized by the department to participate in the program to sell fresh nutritious foods to recipients in exchange for nutrition coupons.
~~(d) If the program is established, the department shall authorize local agencies to distribute nutrition coupons to all recipients, as defined by subdivision (c) of Section 123285.~~
(e) If the program is established, the department shall design the nutrition coupon issuance process to ensure that nutrition coupons are bearer-only, nonnegotiable, and nontransferable by the recipient and that they may be redeemed by recipients only to purchase fresh produce and redeemed for reimbursement only by authorized producers.
(f) It is the intent of the Legislature that the program established by this section to implement the federal WIC Farmers’ Market Nutrition Act of 1992 (Public Law 102-314) be funded 70 percent by federal funds and 30 percent by private or other funds, as specified by the federal act.