Recovery Home Certification Act of 2018

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. Short title This Act may be cited as the Recovery Home Certification Act of 2018 2. Redesignation of the Center for Substance Abuse Treatment as the Center for Substance Abuse Treatment and Recovery (a) Redesignation The Center for Substance Abuse Treatment is hereby renamed the Center for Substance Abuse Treatment and Recovery (b) Conforming Amendments Title V of the Public Health Service Act ( 42 U.S.C. 290aa (1) in the heading of subpart 1 of part B, by striking Center for Substance Abuse Treatment Center for Substance Abuse Treatment and Recovery (2) in the heading of section 507, by striking Center for Substance Abuse Treatment Center for Substance Abuse Treatment and Recovery (3) in the heading of subsection (a) of section 513, by striking Center for Substance Abuse Treatment Center for Substance Abuse Treatment and Recovery (4) by striking Center for Substance Abuse Treatment Center for Substance Abuse Treatment and Recovery (c) References Any references in statute, regulations, or other documents to the Center for Substance Abuse Treatment of the Substance Abuse and Mental Health Services Administration shall be treated as a reference to the Center for Substance Abuse Treatment and Recovery of such Administration. 3. Recovery home certification and grant program Subpart I of part B of title V of the Public Health Service Act ( 42 U.S.C. 290bb 514C. Recovery home certification and grant program (a) In general Subject to the requirements of this section, the Director of the Center shall establish model criteria for recovery homes and award grants to States that establish and operate recovery homes based on such model criteria. (b) Duties of Director The Director of the Center— (1) not later than 6 months after the date of enactment of the Recovery Home Certification Act of 2018 (A) minimum staffing of recovery support specialists and other staff; (B) qualifications for employees; (C) the presence of policies to support— (i) a resident’s recovery efforts; and (ii) compliance with all applicable laws; and (D) such other matters as the Director determines to be necessary to ensure that recovery homes are committed to effectively supporting recovery from drug and alcohol addiction; (2) shall award grants to States to establish and operate recovery home certification programs based on such model criteria and to provide technical assistance to recovery homes to help them meet certification standards; and (3) not later than 6 months after the date of enactment of the Recovery Home Certification Act of 2018, shall issue or produce recommendations for States to clarify and enforce relationships between health care treatment providers, recovery homes, and recovery support providers. (c) Definitions In this section: (1) The term State (2) The term recovery home (d) Authorization of appropriations Out of funds otherwise authorized to be made available to the Substance Abuse and Mental Health Services Administration, there are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2019 through 2023. No additional funds are authorized to be appropriated to carry out this section. . 4. Criminal penalties (a) In general Chapter 11 section 219 220. Unlawful payments for referrals to recovery homes and clinical treatment facilities (a) In general Whoever, in or affecting interstate or foreign commerce, knowingly— (1) refers an individual with a substance use disorder to a recovery home or clinical treatment facility in exchange for any money or thing of value; (2) being a recovery home or clinical treatment facility, or an officer or employee of a recovery home or clinical treatment facility acting in the course of their employment, pays any money or thing of value to— (A) a person in exchange for the person referring an individual with a substance use disorder to that recovery home or clinical treatment facility; or (B) an individual with a substance use disorder in exchange for that individual using the services of that recovery home or clinical treatment facility; or (3) being a clinical service provider, or an officer or employee of a clinical service provider acting in the course of their employment, pays any money or thing of value to a recovery home or clinical treatment facility, or to an officer or employee of a recovery home or clinical treatment facility, in exchange for referring an individual with a substance use disorder to a clinical service provider for clinical services, shall be fined under this title, imprisoned not more than 5 years, or both. (b) Rule of construction The prohibition under subsection (a)(2)(B) does not apply in the case of a recovery home or clinical treatment facility that charges different fees or rates for serving different categories of individuals. (c) Definitions In this section: (1) The term recovery home (2) The term clinical treatment facility . (b) Clerical amendment The table of sections for chapter 11 220. Unlawful payments for referrals to recovery homes and clinical treatment facilities. . 5. GAO study Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committee on Health, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report, which shall include— (1) an analysis of best practices of State and local governments in regulating, licensing, training, and setting standards for recovery homes in States with certification policies supported by Federal funding; and (2) recommendations, if any, on improving Federal oversight of State and local regulations, licensure requirements, training, and standards for recovery homes in States with certification policies supported by Federal funding; (3) an analysis of enforcement activities conducted by the Department of Justice to deter and penalize conduct prohibited under section 220 of title 18, United States Code; (4) recommendations for improving the enforcement of section 220 of title 18, United States Code; and (5) recommendations to address financial and legal arrangements between recovery homes and clinical treatment facilities (as such terms are defined under section 220 of title 18, United States Code), and the effects of such arrangements on patient care.

Summary: Recovery Home Certification Act of 2018 This bill requires the Center for Substance Abuse Treatment and Recovery to establish model criteria for recovery homes and award grants to states that establish and operate recovery homes based on such model criteria. The bill also makes it unlawful to make or receive payments for referrals to recovery homes or clinical treatment facilities.