SB 992, authored by Senator Ed Hernandez (D-Los Angeles), addresses the growing concerns in the addiction treatment field regarding unscrupulous individuals who avoid licensing laws to defraud patients and the treatment system, as well as ensuring that clients receive proper care from licensed and certified facilities, including when they encounter a setback and relapse. CAADPE is supporting SB 992.
SB 992 has two major components: Clarifying Title IX regulations and establishing a state voluntary registry for recovery (sober living) residences
Title IX Regulations. SB 992 also clarifies the California Health and Safety Code, Title IX regulations to recognize that SUD is a disease in which some people relapse while in treatment and should not require discharge as is currently the case. Current law requires discharge from residential treatment or enrollment in detoxification if there is evidence of any alcohol or drug use. If the residential treatment program is not also a state approved detox provider, the program has no choice but to discharge the individual. Further, the law prohibits an admission to treatment of any individual who has consumed any drugs within 24 hours of admission. These rigid requirements reflect an underlying zero tolerance policy in residential treatment facilities and do not recognize current best practices which acknowledge relapse as part of the disease of addiction and recovery process.
Under SB 992, residential treatment centers will be required to develop a plan to address a relapsing resident, including discharge and continuing care planning, as well as when the treatment center determines that a resident requires services beyond its capacity. This change of policy will allow continuity in treatment and prevent further (and more severe) relapse.
State Voluntary Registry. The state’s new Medi-Cal plan recognizes the role and need for abstinence-based recovery housing as part of its comprehensive health care system. And, the state Department of Corrections and Rehabilitation needs more abstinence-based transitional and recovery housing for individuals transitioning from prison to community life. However, counties lack enough suitable supportive housing to meet this demand. The U.S, Department of Housing and Urban Development just issued guidance that abstinence-based recovery housing options need to be included in a well-designed continuum of care framework. A company inspection is required before coverage can be effective. Call the plan office for details at (800) 494-9844.
Specifically, SB 992 proposes to establish a state voluntary registry for housing that advertises itself as a alcohol and drug free as residence.
Recovery Residence: Changes all “unlicensed alcohol and drug free residence” references throughout the bill to “recovery residence.”
Voluntary Registry: In the voluntary registry of recovery residences program, SB 992 adds “organizations that register or certify recovery residences” to the group of stakeholders DHCS is required to consult.
Notification of Revocation: Requires DHCS to develop a procedure, after consulting stakeholders, to suspend or revoke a recovery residence’s registry, and to report the suspension or revocation to the county behavioral health director of the county in which the residence is located, the local public health officer, local law enforcement, or any other entities the department determines is appropriate.
Suspension/Revocation of Licensure for Disclosure Failure: Clarifies that DHCS has the authority to suspend or revoke licensure or certification of a facility that fails to disclose required information.
To view the text of SB 992, go to: