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Ways & Means advances bill to regulate recovery residences, requires legislative approval for any certification fees
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Summary
The Ways & Means committee voted 11-0 to report S157 favorably; the bill directs the Division of Substance Use Programs to oversee recovery residences, creates a voluntary certification framework, and says any fees to support certification must be proposed to and approved by the General Assembly before adoption.
The Ways & Means committee on April 17 voted 11-0 to report S157 favorably, advancing a bill that would give the Division of Substance Use Programs authority to oversee recovery residences and establish a voluntary certification program.
Katie Hicklin, Office of Legislative Counsel, told the committee, "This is S157. This is a bill about recovery residences." She said the bill directs the department to adopt rules creating a voluntary certification process and includes a provision that "if the department identifies the need for a fee to support the voluntary recovery resident certification program described in this section, the department shall first propose the fee to the General Assembly, and if the General Assembly chooses to enact it into law, may incorporate the fee into the required rule." Hicklin said that language is why the bill was referred to Ways & Means.
Hicklin also summarized a provision adopted two years earlier that authorizes a certified recovery residence to immediately exit or transfer a resident under specified criteria; that provision had been scheduled to sunset on July 1, and the bill removes that sunset, making the authority permanent. When a member asked whether an immediate exit requires a transfer to another facility, Hicklin said the bill expects the recovery residence to provide or arrange an alternative placement or reengagement bed and that sometimes a resident is temporarily removed and later returns.
The committee motion to find S157 favorable was moved in the meeting by Representative Holcomb and seconded; the clerk recorded an 11-0-0 vote in favor. The chair asked Representative Fulton to report the bill when appropriate; Fulton later noted she would continue follow-up with other committee chairs about scope and scheduling.
The bill assigns rulemaking to the Department of Health; Hicklin clarified that filings with the Secretary of State occur as part of the administrative rule process but that the Department of Health would be responsible for the certification system itself. There was no fiscal note at the time of the report because the bill does not yet authorize any fee collection.
Next steps: With the committee finding S157 favorable, the bill will be reported from Ways & Means consistent with legislative procedure and scheduled for further consideration according to chamber rules.
