I 

115TH CONGRESS 

2D SESSION H. R. 5100 

To amend the Public Health Service Act to authorize grants to States to 

establish and operate recovery home certification programs, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2018 

Mr. KNIGHT (for himself, Ms. ESHOO, Ms. ESTY of Connecticut, Mr. RYAN

of Ohio, Ms. TENNEY, Mr. MACARTHUR, Mr. BILIRAKIS, and Ms. 

KUSTER of New Hampshire) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to 

the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Public Health Service Act to authorize grants 

to States to establish and operate recovery home certification programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Recovery Home Cer5 tification Act of 2018’’. 


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1 SEC. 2. REDESIGNATION OF THE CENTER FOR SUBSTANCE 

2 ABUSE TREATMENT AS THE CENTER FOR 

3 SUBSTANCE ABUSE TREATMENT AND RECOV4 ERY. 

5 (a) REDESIGNATION.—The Center for Substance 

6 Abuse Treatment is hereby renamed the ‘‘Center for Sub7 stance Abuse Treatment and Recovery’’. 

8 (b) CONFORMING AMENDMENTS.—Title V of the 

9 Public Health Service Act (42 U.S.C. 290aa et seq.) is 

10 amended— 

11 (1) in the heading of subpart 1 of part B, by 

12 striking ‘‘Center for Substance Abuse Treatment’’ 

13 and inserting ‘‘Center for Substance Abuse Treat14 ment and Recovery’’; 

15 (2) in the heading of section 507, by striking 

16 ‘‘CENTER FOR SUBSTANCE ABUSE TREATMENT’’ and 

17 inserting ‘‘CENTER FOR SUBSTANCE ABUSE TREAT18 MENT AND RECOVERY’’; 

19 (3) in the heading of subsection (a) of section 

20 513, by striking ‘‘CENTER FOR SUBSTANCE ABUSE

21 TREATMENT’’ and inserting ‘‘CENTER FOR SUB22 STANCE ABUSE TREATMENT AND RECOVERY’’; and 

23 (4) by striking ‘‘Center for Substance Abuse 

24 Treatment’’ each place it appears and inserting 

25 ‘‘Center for Substance Abuse Treatment and Recov26 ery’’. 


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1 (c) REFERENCES.—Any references in statute, regula2 tions, or other documents to the Center for Substance 

3 Abuse Treatment of the Substance Abuse and Mental 

4 Health Services Administration shall be treated as a ref5 erence to the Center for Substance Abuse Treatment and 

6 Recovery of such Administration. 

7 SEC. 3. RECOVERY HOME CERTIFICATION AND GRANT PRO8 GRAM. 

9 Subpart I of part B of title V of the Public Health 

10 Service Act (42 U.S.C. 290bb et seq.) is amended by add11 ing at the end the following: 

12 ‘‘SEC. 514C. RECOVERY HOME CERTIFICATION AND GRANT 

13 PROGRAM. 

14 ‘‘(a) IN GENERAL.—Subject to the requirements of 

15 this section, the Director of the Center shall establish 

16 model criteria for recovery homes and award grants to 

17 States that establish and operate recovery homes based 

18 on such model criteria. 

19 ‘‘(b) DUTIES OF DIRECTOR.—The Director of the 

20 Center— 

21 ‘‘(1) not later than 6 months after the date of 

22 enactment of the Recovery Home Certification Act 

23 of 2018, shall establish model criteria for the certifi24 cation of recovery homes by States, including criteria 

25 for— 


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1 ‘‘(A) minimum staffing of recovery support 

2 specialists and other staff; 

3 ‘‘(B) qualifications for employees; 

4 ‘‘(C) the presence of policies to support— 

5 ‘‘(i) a resident’s recovery efforts; and 

6 ‘‘(ii) compliance with all applicable 

7 laws; and 

8 ‘‘(D) such other matters as the Director 

9 determines to be necessary to ensure that recov10 ery homes are committed to effectively sup11 porting recovery from drug and alcohol addic12 tion; 

13 ‘‘(2) shall award grants to States to establish 

14 and operate recovery home certification programs 

15 based on such model criteria and to provide tech16 nical assistance to recovery homes to help them meet 

17 certification standards; and 

18 ‘‘(3) not later than 6 months after the date of 

19 enactment of the Recovery Home Certification Act 

20 of 2018, shall issue or produce recommendations for 

21 States to clarify and enforce relationships between 

22 health care treatment providers, recovery homes, and 

23 recovery support providers. 

24 ‘‘(c) DEFINITIONS.—In this section: 


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1 ‘‘(1) The term ‘State’ means each of the several 

2 States, the District of Columbia, the Commonwealth 

3 of Puerto Rico, the United States Virgin Islands, 

4 Guam, American Samoa, and the Commonwealth of 

5 the Northern Mariana Islands. 

6 ‘‘(2) The term ‘recovery home’ means a residen7 tial property that is operated as a nonclinical cooper8 ative living arrangement to provide an alcohol- and 

9 drug-free environment for individuals recovering 

10 from alcoholism or substance use disorders who seek 

11 a living environment that supports personal recov12 ery. 

13 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—Out of 

14 funds otherwise authorized to be made available to the 

15 Substance Abuse and Mental Health Services Administra16 tion, there are authorized to be appropriated to carry out 

17 this section $40,000,000 for each of fiscal years 2019 

18 through 2023. No additional funds are authorized to be 

19 appropriated to carry out this section.’’. 

20 SEC. 4. CRIMINAL PENALTIES. 

21 (a) IN GENERAL.—Chapter 11 of title 18, United 

22 States Code, is amended by inserting after section 219 the 

23 following: 


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1 ‘‘§ 220. Unlawful payments for referrals to recovery 

2 homes and clinical treatment facilities 

3 ‘‘(a) IN GENERAL.—Whoever, in or affecting inter4 state or foreign commerce, knowingly— 

5 ‘‘(1) refers an individual with a substance use 

6 disorder to a recovery home or clinical treatment fa7 cility in exchange for any money or thing of value; 

8 ‘‘(2) being a recovery home or clinical treat9 ment facility, or an officer or employee of a recovery 

10 home or clinical treatment facility acting in the 

11 course of their employment, pays any money or 

12 thing of value to— 

13 ‘‘(A) a person in exchange for the person 

14 referring an individual with a substance use dis15 order to that recovery home or clinical treat16 ment facility; or 

17 ‘‘(B) an individual with a substance use 

18 disorder in exchange for that individual using 

19 the services of that recovery home or clinical 

20 treatment facility; or 

21 ‘‘(3) being a clinical service provider, or an offi22 cer or employee of a clinical service provider acting 

23 in the course of their employment, pays any money 

24 or thing of value to a recovery home or clinical treat25 ment facility, or to an officer or employee of a recov26 ery home or clinical treatment facility, in exchange 


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1 for referring an individual with a substance use dis2 order to a clinical service provider for clinical serv3 ices, 

4 shall be fined under this title, imprisoned not more than 

5 5 years, or both. 

6 ‘‘(b) RULE OF CONSTRUCTION.—The prohibition 

7 under subsection (a)(2)(B) does not apply in the case of 

8 a recovery home or clinical treatment facility that charges 

9 different fees or rates for serving different categories of 

10 individuals. 

11 ‘‘(c) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘recovery home’ means a residen13 tial property that is operated as a nonclinical cooper14 ative living arrangement to provide an alcohol- and 

15 drug-free environment for individuals recovering 

16 from alcoholism or substance use disorders who seek 

17 a living environment that supports personal recov18 ery. 

19 ‘‘(2) The term ‘clinical treatment facility’ 

20 means the location of a medical practice that pro21 vides, manages, or coordinates health care and re22 lated services under the supervision of a licensed 

23 medical professional for individuals recovering from 

24 alcoholism or substance use disorders.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for chapter 11 of title 18, United States Code, is amended 

3 by inserting after the item related to section 219 the fol4 lowing: 

‘‘220. Unlawful payments for referrals to recovery homes and clinical treatment 

facilities.’’. 

5 SEC. 5. GAO STUDY. 

6 Not later than 18 months after the date of enactment 

7 of this Act, the Comptroller General of the United States 

8 shall conduct a study and submit to the Committee on 

9 Health, Labor, and Pensions of the Senate, and the Com10 mittee on Energy and Commerce of the House of Rep11 resentatives a report, which shall include— 

12 (1) an analysis of best practices of State and 

13 local governments in regulating, licensing, training, 

14 and setting standards for recovery homes in States 

15 with certification policies supported by Federal fund16 ing; and 

17 (2) recommendations, if any, on improving Fed18 eral oversight of State and local regulations, licen19 sure requirements, training, and standards for recov20 ery homes in States with certification policies sup21 ported by Federal funding; 

22 (3) an analysis of enforcement activities con23 ducted by the Department of Justice to deter and 


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1 penalize conduct prohibited under section 220 of 

2 title 18, United States Code; 

3 (4) recommendations for improving the enforce4 ment of section 220 of title 18, United States Code; 

5 and 

6 (5) recommendations to address financial and 

7 legal arrangements between recovery homes and clin8 ical treatment facilities (as such terms are defined 

9 under section 220 of title 18, United States Code), 

10 and the effects of such arrangements on patient 

11 care. 

Æ 


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