BILL ANALYSIS

 

 

 

C.S.H.B. 4431

By: Wilson

Urban Affairs

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Williamson County residents have raised concerns that the recovery houses taking root in their neighborhoods are receiving state funds to operate while not following best practices, leading to dangerous situations for both the surrounding community and the recovery house residents attempting to get clean from alcohol and drug abuse. Since recovery houses fall under certain federal protections, unscrupulous actors who open a recovery house can exploit those protections to override zoning laws and even requirements on septic systems. Additionally, when operators do not follow through on their promise to keep the recovery house alcohol and drug free, residents can be at risk of falling back into substance abuse. C.S.H.B. 4431 seeks to address these concerns by providing for the voluntary accreditation of recovery houses as a condition of receiving state funding.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 4431 amends the Health and Safety Code to require the Health and Human Services Commission (HHSC) to adopt minimum standards for voluntary accreditation as a recovery house that are consistent with the quality standards established by the National Alliance for Recovery Residences and the Oxford House Incorporated. The bill defines "recovery house" for these purposes as a shared living environment that meets the following criteria:

·         is free from alcohol and drug use;

·         is centered on peer support; and

·         promotes sustained recovery from substance use disorders by integrating residents into the surrounding community and providing a setting that connects residents to supports and services promoting such recovery.

The bill authorizes HHSC to approve only the National Alliance for Recovery Residences or the Oxford House Incorporated to serve as an accrediting organization in the development and administration of a voluntary accreditation program for recovery housing. Effective September 1, 2025, the bill establishes that a recovery house that is not accredited by an accrediting organization is ineligible for and may not receive state money.

 

C.S.H.B. 4431 requires the minimum standards to prohibit an accredited recovery house from providing personal care services and establishes that the following places are ineligible for accreditation as a recovery house:

·         a licensed home and community support services agency;

·         a licensed nursing facility;

·         a regulated continuing care facility;

·         a licensed assisted living facility;

·         an intermediate licensed care facility for individuals with an intellectual disability;

·         a boarding home facility;

·         a licensed chemical dependency treatment facility;

·         a licensed child-care facility;

·         a family violence shelter center;

·         an entity qualified as a community home; and

·         a hotel.

 

C.S.H.B. 4431 requires the adopted standards to require at least one individual to be designated to serve as the responsible party of an accredited recovery house. The bill establishes the following with respect to such a designated individual:

·         a recovery house accredited by Oxford House Incorporated is not required to designate an individual to serve as the responsible party;

·         the designated individual must satisfactorily complete training the accrediting organization provides concerning HHSC's accreditation standards and the organization's accreditation requirements;

·         the individual is responsible for administering the recovery house in accordance with the accreditation standards and requirements; and

·          an accredited recovery house must notify the applicable accrediting organization of any change to the designated responsible party before the 30th business day after the date of the change.

The bill prohibits a responsible party or a recovery house's employee or agent from offering to pay or agreeing to accept, directly or indirectly, overtly or covertly, remuneration in cash or in kind to or from another for securing or soliciting a patient or patronage for or from a person licensed, certified, or registered by a state health care regulatory agency.

 

C.S.H.B. 4431 requires an accrediting organization HHSC approves to do the following:

·         establish recovery house accreditation requirements that at a minimum include the accreditation standards adopted by HHSC;

·         establish procedures to:

o   administer the issuance of recovery house accreditation, including application, accreditation, reaccreditation, and disciplinary procedures; and

o   assess application accreditation and reaccreditation fees;

·         provide training to recovery house designated responsible parties and staff concerning the accreditation standards;

·         develop a code of ethics; and

·         provide information to HHSC for HHSC to compile the annual report.

 

C.S.H.B. 4431 prohibits a recovery house from doing the following:

·         falsely advertising or otherwise communicating that the recovery house is accredited by an accrediting organization; and

·         advertising or causing to be advertised in any manner any false, misleading, or deceptive information about the recovery house.

The bill provides for the suspension, audit, and revocation of a recovery house's accreditation if the accredited recovery house violates the bill's provisions.

 

C.S.H.B. 4431 requires HHSC to prepare an annual report that includes information on the following:

·         the total number of accredited recovery houses;

·         the number of recovery houses accredited during the preceding year;

·         any issues concerning the accreditation or reaccreditation process;

·         the number of accredited recovery houses that had an accreditation revoked during the preceding year; and

·         the reasons for the revocation.

 

C.S.H.B. 4431 amends the Government Code, effective September 1, 2024, to authorize the Texas Department of Criminal Justice to pay for the cost of temporary post-release housing for releasees or eligible inmates only in an accredited recovery house. The bill exempts an accredited recovery house from the requirement for temporary post-release housing to be in a structure that existed on June 1, 2009, as a multifamily residence or as a motel.

 

EFFECTIVE DATE

 

Except as otherwise provided, September 1, 2023.

 

COMPARISON OF INTRODUCED AND SUBSTITUTE

 

While C.S.H.B. 4431 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

The substitute does not include any provisions that appeared in the introduced, which provided for the municipal regulation of structured sober living homes. Instead, the substitute requires HHSC to adopt minimum standards for voluntary accreditation as a recovery house that are consistent with the quality standards established by the National Alliance for Recovery Residences and the Oxford House Incorporated.

 

With respect to that voluntary accreditation, the substitute sets out the following provisions that did not appear in the introduced:

·         required contents of the minimum standards;

·         restriction on the entities HHSC may approve as an accrediting organization in the development and administration of a voluntary accreditation program for recovery housing;

·         an annual reporting requirement for HHSC;

·         a requirement for certain recovery houses to designate a responsible party of the house, and related requirements for an individual designated as such;

·         requirements for an approved accredited organization regarding recovery house accreditation, administration and assessment, training of staff and designated responsible parties, as applicable, code of ethics, and information for the annual report;

·         places ineligible for accreditation as a recovery house;

·         prohibited conduct of a recovery house and a designated responsible party of a recovery house and enforcement measures;

·         a provision establishing that an unaccredited recovery house is ineligible for and may not receive state money;

·         an authorization for the Texas Department of Criminal Justice to pay for the cost of temporary post-release housing only in an accredited recovery house; and

·         an exemption for an accredited recovery house from the requirement for temporary post-release housing to be in a structure that existed on June 1, 2009, as a multifamily residence or as a motel.

 

Whereas the introduced took effect immediately, contingent on receiving the requisite constitutional vote, or September 1, 2023, otherwise, the substitute instead provides for the bill, except as specified, to take effect September 1, 2023, with no possibility for immediate effect.