Vermont health department says recovery residence certification should remain voluntary, seeks rulemaking authority and data collection

At a meeting of the House Housing and Services Committee, Kelly Dougherty, Deputy Commissioner of the Vermont Department of Health, briefed members on the department's report on the recovery residence certification program required by Act 163 of last year.

Dougherty told the committee that recovery residences are "basically sober living environments for people who generally are in early recovery" and distinguished them from recovery centers, which are nonprofit brick-and-mortar organizations that provide drop-in services and peer recovery coaching. She said the department's report reflects extensive stakeholder engagement and recommends giving the department rulemaking authority to establish regulations for recovery residences and the authority to select the certifying body.

The department identified the Vermont Alliance of Recovery Residences (VITAR) as the current certifying affiliate of the National Alliance for Recovery Residences (NARR). Dougherty said VITAR has operated in Vermont since 2019, requires documentation and annual inspections, and charges a $250 flat certification fee per residence; she said VITAR is considering moving to a per-bed fee consistent with NARR practice. The department recommended that the certifying body set fee structures and that rulemaking establish grievance procedures, minimum response timeframes, data reporting and an appeals process if certification is denied.

Stakeholders, Dougherty said, largely agreed that certification should be voluntary and that certification raises the standard of quality. The department's report recommends distinguishing certified recovery residences from noncertified "sober homes." The department also recommends allowing medications for opioid use disorder in certified residences and setting standards on safe medication storage and drug-testing policies.

Committee members pressed the department on the temporary waiver from some landlord-tenant rules. Dougherty said the waiver—intended to allow recovery residences to use limited authority to remove a resident for substance use or violent or threatening behavior—remains in place only through July 1, 2026, and that stakeholders disagree about whether the waiver should be broadened to allow exits for other illegal activity such as theft. She told the committee the department is not yet recommending a permanent change to landlord-tenant law and wants more time and data to assess the temporary exemption.

Dougherty said recovery residences submit exit and other data to VITAR and that VITAR provides that data to the Department of Health. She told members the state's IT infrastructure and operator capacity to collect standardized outcome data vary considerably and that the department will inventory existing systems and data practices before proposing final reporting requirements.

On funding, Dougherty said the department moves a mix of federal funds, Vermont general fund dollars and opioid abatement special fund dollars through VITAR to residences and has supported stipends to help residents pay a first months rent when needed. She also said the department is seeking to expand "stabilization beds" where residents who relapse could go temporarily and then return to a recovery residence; the department plans to request related funding in its FY2026 budget.

Committee members asked whether the department plans to require certification as a condition of calling a facility a recovery residence; Dougherty said the department recommends keeping certification voluntary. She also said the department recommends statutory authority to appoint a certifying entity if VITAR ceases operation or if concerns about performance arise.

Dougherty closed by pointing committee members to the written report and the stakeholder appendix that details input and opposing views. She said the department had not yet seen implementing bill language and that the committee could expect proposed rulemaking language or legislation to follow as the department finalizes recommendations.

The Committee did not take any formal votes during the presentation. Members asked follow-up questions about data collection, grievance timelines, the scope of the landlord-tenant waiver and whether an inventory of residences and their IT capabilities is complete; Dougherty said the inventory and further stakeholder input would inform next steps.