Revision: Jan. 14, 2020, 12:44 p.m.
SB 633 - AS INTRODUCED
2020 SESSION
20-2822
05/01
SENATE BILL 633
AN ACT relative to recovery housing.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Cavanaugh, Dist 16; Sen. Soucy, Dist 18; Rep. Leishman, Hills. 24
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill replaces references to "alcohol and drug free housing" with "recovery housing". The bill also requires the department of health and human services to adopt rules relative to the voluntary registration and certification of recovery housing.
The bill is a request of the department of health and human services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2822
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to recovery housing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Alcoholism and Alcohol Abuse; Provision of Services; Acceptance Into Treatment; Alcohol and Drug Free Housing; Voluntary Registration Program. RSA 172-B:2, V is repealed and reenacted to read as follows:
V.(a) The commissioner shall adopt rules, pursuant to RSA 541-A, relative to establishing and providing for the administration of a voluntary registration program for operators of recovery housing seeking registration in the state of New Hampshire. The rules developed for the administration of the registration program shall include:
(1) A process for receiving complaints against recovery housing operators.
(2) Documents to show the recovery house meets minimum safety and recovery standards to include, but not limited to health, building, zoning, and fire inspection reports, proof of insurance, resident agreement, emergency procedures, and policies and procedures addressing grievances, resident rights, non-discrimination, code of ethics, and medication administration.
(3) Criteria by which the department may exclude a residence from the list if the frequency or severity of complaints received supports a determination that the recovery housing at issue does not provide an environment that appropriately supports recovery.
(b) "Recovery housing" means a residence that provides a safe, healthy, family-like substance-free living environment that support individuals in recovery from addiction and are centered on peer support and a connection to services that promote long-term recovery; provided that "recovery housing" shall not include a halfway house or any other facility requiring a license pursuant to RSA 151.
2 New Paragraph; Alcoholism and Alcohol Abuse; Provision of Services; Acceptance Into Treatment; Recovery Housing. Amend RSA 172-B:2 by inserting after paragraph VI the following new paragraph:
VII.(a) The commissioner or designee shall designate an entity to serve as the certifying body for a voluntary certification program for recovery residences based upon standards determined by the National Alliance for Recovery Residences (NARR) or a similar entity. The certifying body shall establish and implement a certification program for recovery residences that maintain nationally-recognized standards that:
(1) Uphold industry best practices and support a safe, healthy, and effective recovery environment;
(2) Evaluate the residence’s ability to assist persons in achieving long-term recovery goals;
(3) Protect residents of recovery residences against unreasonable and unfair practices in setting and collecting fee payments; and
(4) Verify good standing with regard to local, state, and federal laws and any regulations and ordinances including, but not limited to, building, maximum occupancy, fire safety and sanitation codes.
(b) The certifying body shall investigate complaints received by the department regarding non-compliance with NARR standards. The certifying body shall provide an annual report to the department, and shall report quarterly on any newly certified houses or houses that are out of compliance. The certifying body shall inform the department within 5 business days if a recovery house’s certification is suspended or revoked.
(c) The department shall identify certified recovery houses in good-standing on the registry created pursuant to paragraph V.
(d) The department shall adopt rules, pursuant to RSA 541-A, relative to the process for certification and the requirements of this paragraph.
3 Alcoholism and Alcohol Abuse; Provision of Services; Referral Process for Certified Recovery Housing. Amend RSA 172-B:2, VI to read as follows:
VI. The department shall prepare, publish, and disseminate a list of [alcohol and drug free housing registered] recovery housing pursuant to paragraph V. A state agency or vendor with a state or federally funded contract that is providing treatment or recovery support services to a person shall not refer the person to [alcohol and drug free] recovery housing unless the [alcohol and drug free] recovery housing is registered pursuant to paragraph V. Nothing in this section shall prohibit a residence that is not registered from operating or advertising as [alcohol and drug free] recovery housing or from offering residence to individuals recovering from substance use disorders.
4 Effective Date. This act shall take effect upon its passage.