Title: Sober Home Fraud Detection Act
Policy area: Health

Summary:
Sober Home Fraud Detection Act
This bill requires the Department of Health and Human Services to publish common indicators of potentially fraudulent or disreputable recovery housing (alcohol- and drug-free shared living environments that promote recovery from substance use disorders), such as with respect to unusual billing practices, longer than average occupancies, and excessive levels of drug testing.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2828 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2828

   To develop and identify indicators of potentially fraudulent and 
    disreputable recovery housing operators, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2018

 Mr. Rubio (for himself and Mr. Nelson) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To develop and identify indicators of potentially fraudulent and 
    disreputable recovery housing operators, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sober Home Fraud Detection Act''.

SEC. 2. BEST PRACTICES FOR IDENTIFYING FRAUD IN RECOVERY HOUSING 
              PRACTICES.

    (a) Definition.--In this Act, the term ``recovery housing'' means a 
shared living environment free from alcohol and illicit drug use and 
centered on peer support and connection to services that promote 
sustained recovery from substance use disorders.
    (b) Identification of Fraudulent Recovery Housing Operators.--
            (1) In general.--The Secretary of Health and Human Services 
        (referred to in this Act as the ``Secretary''), in consultation 
        with the individuals and entities described in paragraph (2), 
        shall identify or facilitate the development of common 
        indicators that could be used to identify potentially 
        fraudulent or disreputable recovery housing operators.
            (2) Consultation.--In carrying out the activities described 
        in paragraph (1), the Secretary shall consult with--
                    (A) relevant divisions of the Department of Health 
                and Human Services, including the Substance Abuse and 
                Mental Health Services Administration, the Office of 
                Inspector General, and the Centers for Medicare & 
                Medicaid Services;
                    (B) the Attorney General;
                    (C) the Secretary of Housing and Urban Development;
                    (D) State health departments, State Medicaid plans, 
                and State insurance commissioners;
                    (E) health insurance issuers;
                    (F) national accrediting entities and reputable 
                recovery housing operators;
                    (G) the Government Accountability Office; and
                    (H) other stakeholders identified by the Secretary.
    (c) Requirements.--
            (1) Practices for identification and reporting.--In 
        carrying out the activities described in subsection (b), the 
        Secretary shall consider how law enforcement, public and 
        private payers, and the public can best identify and report 
        fraudulent or disreputable recovery housing operators.
            (2) Factors to be considered.--In carrying out the 
        activities described in subsection (b), the Secretary shall 
        also consider identifying or developing indicators regarding--
                    (A) unusual billing practices;
                    (B) average lengths of patient stays that are 
                longer than the norm;
                    (C) excessive levels of drug testing (in terms of 
                cost or volume);
                    (D) unusually high levels of recidivism;
                    (E) if the recovery housing operator is located in 
                a geographic area identified by the Secretary as having 
                a high level of health care fraud; and
                    (F) any other factors identified by the Secretary.
    (d) Dissemination.--The Secretary shall make the indicators 
identified or developed under subsection (b) publicly available on the 
websites of the Department of Health and Human Services, the Department 
of Justice, and the Department of Housing and Urban Development, and 
shall disseminate the indicators identified or developed under 
subsection (b) to--
            (1) State agencies, which may include the provision of 
        technical assistance to State agencies seeking to adopt or 
        implement policies to better identify potentially fraudulent 
        recovery housing operators;
            (2) health insurance issuers;
            (3) the Administrator of the Centers for Medicare & 
        Medicaid Services;
            (4) the Secretary of Labor;
            (5) the Secretary of Housing and Urban Development;
            (6) State and local law enforcement agencies; and
            (7) the public, as appropriate.
    (e) Updates.--The Secretary shall update the indicators identified 
under this section as necessary.
    (f) Rule of Construction.--Nothing in this section shall be 
construed to provide the Secretary with the ability to require States 
to adhere to minimum standards regarding State oversight of recovery 
housing.
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