Restoring Community Oversight of Sober Living Homes Act of 2018

Bill: 115-hr-5724
Sponsor: full_name: Rep. Rohrabacher, Dana [R-CA-48]
Introduced: 2018-05-09
Policy area: Health
Subjects: Disability and health-based discrimination

Drug, alcohol, tobacco use

Health care costs and insurance

Health care coverage and access

Health facilities and institutions

Housing discrimination
Latest action: action_date: 2018-05-09
text: Referred to the Subcommittee on the Constitution and Civil Justice.

Summaries:
action_date: 2018-05-09
action_desc: Introduced in House
text: <p><b>Restoring Community Oversight of Sober Living Homes Act of 2018</b></p> <p>This bill amends the Patient Protection and Affordable Care Act to remove substance use disorder services from the list of essential health benefits that must be covered by health plans. </p> <p>The bill also amends the Fair Housing Act to address state and local zoning laws regarding recovery facilities (buildings that are occupied by individuals who are handicapped by drug addiction or alcoholism and that prohibit controlled substances and alcohol). The bill specifies that federal anti-discrimination laws do not bar any state or local zoning laws that prohibit recovery facilities in residential areas. Recovery facilities must also comply with all state and local zoning laws in order to receive federal funds.</p>

tv_txt: I 115th CONGRESS 2d Session H. R. 5724 IN THE HOUSE OF REPRESENTATIVES May 9, 2018 Mr. Rohrabacher introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Energy and Commerce , 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 Fair Housing Act to clarify the applicability of that Act to recovery facilities, and for other purposes.

1. Short title This Act may be cited as the Restoring Community Oversight of Sober Living Homes Act of 2018 . 2. Zoning and licensing of recovery facilities Section 807 of the Fair Housing Act ( 42 U.S.C. 3607 ) is amended by adding at the end the following: (c) Nothing in this title or any other Federal law relating to protections for those with disabilities prohibits any State or local government from implementing laws, regulations, or ordinances that apply specifically to recovery facilities located in residentially zoned areas, including a law, regulation, or ordinance which prohibits recovery facilities in residentially zoned areas. . 3. Fair Housing Act definitions Section 802 of the Fair Housing Act ( 42 U.S.C. 3602 ) is amended— (1) in subsection (b), by inserting before the period at the end the following: , except that such term does not include any building, structure, or portion thereof that is located in a residentially zoned area and is used as a recovery facility ; and (2) by adding at the end the following: (p) Recovery facility means a building, structure, or portion thereof that is occupied by a person who is handicapped due to drug addiction or alcoholism, and for which a condition of such occupancy of such building, structure, or portion thereof is that it remains free of controlled substances and alcohol. . 4. Requirements for recovery facilities as a condition for certain Federal funding (a) In general A recovery facility in a residential zone may not receive direct or indirect payments or reimbursements or other remunerations from a Federal health care program unless— (1) the recovery facility is in compliance with State and local laws, regulations, or ordinances that apply within the zone where the recovery facility is located; and (2) the local government with jurisdiction over the zone in which the recovery facility is located certifies to the Secretary of Health and Human Services that the recovery facility is in compliance with State and local laws, regulations, or ordinances that apply within the zone where the recovery facility is located. (b) Definitions In this section: (1) Federal health care program The term Federal health care program has the meaning given such term in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a7b(f)). (2) Recovery facility The term recovery facility has the meaning given such term in section 802 of the Fair Housing Act ( 42 U.S.C. 3602 ), as amended by section 3. 5. Removing substance use disorder services as an essential health benefit Section 1302(b)(1)(E) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(b)(1)(E) ) is amended by striking and substance use disorder . 6. Effective date This Act, and the amendments made by this Act, shall take effect on the date that is 90 days after the date of the enactment of this Act.