Requires substance abuse recovery houses to obtain an operating certificate

1 Co-sponsor

• Dean Murray

BILL NUMBER:A7465A

Title of bill

An act to amend the mental hygiene law, in relation to requiring substance abuse recovery houses to obtain an operating certif- icate

Purpose or general idea of bill

Requires substance abuse recovery hous- es to obtain an operating certificate from the office of alcoholism and substance abuse services.

Summary of specific provisions

Amends subdivision (a) of section 32.05 of the mental hygiene law.

Justification

In recent years, substance abuse recovery houses have developed at an alarming rate in Suffolk County. In fact, the operators and managers of these programs have been known to actively market their facilities outside of Suffolk County in order to generate more business. Despite this increased development, the quality of these facilities and the safety of their occupants remain unregulated by the State. Many of these individuals are forensically involved, dually diagnosed and suffer from serious mental disorders. In most cases, the residents of these facilities require a level of outpatient care and housing that is currently not being met.

While Suffolk County,s Department of. Social Services provides financial aid and/or services to some of the residents in recovery houses, the County has no legal authority to manage the operation of these facili- ties. Although DSS attempts to inspect a facility with four or more unrelated Public Assistance recipients, there is no legal or regulatory basis for taking this action. A landlord can refuse inspection and is not required to provide any notice for operating a new facility. If a recovery house is structurally unsafe, the matter is referred to the local town or village for appropriate action. Unfortunately, there is no agency that oversees the care and treatment of individuals occupying these facilities.

Article 32 of the New York State Mental Hygiene Law sets forth the provisions that enable the Commissioner of OASAS to regulate the quality of services provided to persons suffering from chemical abuse or depend- ence. Section 32.05 provides the Commissioner with the authority to issue operating certificates to community residences providing care, custody or treatment to persons suffering from chemical abuse or depend- ence. The County of Suffolk believes that substance abuse recovery hous- es qualify as a community residence as defined under this provision of law. However, the statute is not sufficiently clear on this point. Therefore, the County is requesting the State Legislature to amend Section 32.05(a) to require substance abuse recovery houses to obtain an operating certificate from the Commissioner of OASAS.

State certification of substance abuse recovery houses will require the Commissioner of OASAS to determine that a public need exists before establishing one of these facilities. In addition, State certification

of recovery houses will ensure the character, competence and standing of the person or entity responsible for operating a recovery house. Appli- cants will have to demonstrate their financial ability to operate a facility, as well as their ability to provide and maintain a safe envi- ronment for the residents of these facilities. Most importantly, the care and services received by these individuals will be closely moni- tored to ensure that they are in compliance with applicable laws and regulations and consistent with their treatment and discharge plans. Without this proper oversight, substance abuse recovery houses will continue to pose a serious threat to the safety and well being of the individuals that occupy them.

Prior legislative history

2001-02: A.6960/S.3945 2003-04: A.1334 2005-06: A. 7954 - Referred to Assembly Alcohol and Drug Abuse Committee

Fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law.