AB 77

Bill Subjects

Abstract

Existing law requires the State Department of Health Care Services to license and regulate alcoholism or drug abuse recovery or treatment facilities serving adults. Existing law authorizes the department to certify qualified alcoholism or drug abuse recovery or treatment programs, as prescribed. Under existing law, the department regulates the quality of these programs, taking into consideration the significance of community-based programs to alcohol and other drug abuse recovery and the need to encourage opportunities for low-income and special needs populations to receive alcohol and other drug abuse recovery or treatment services. This bill, commencing January 1, 2026, would require any substance use disorder treatment program to be licensed by the department, except as specified. The bill would require the department, in administering these provisions, to issue licenses for a period of 2 years for substance use disorder treatment programs that meet the requirements in these provisions. The bill would require the department to issue a license to a substance use disorder program once various requirements have been met, including an onsite review. The bill would authorize the department to renew a license, as provided. The bill would prohibit providing substance use disorder treatment services to individuals without a license. The bill would require a substance use disorder program licensed pursuant to these provisions to adopt written policies and procedures, as specified. The bill would require a person or entity applying for a license to submit, among other things, a licensure fee to the department. The bill would require various quality parameters of licensed substance use disorder treatment programs, including, among others, that patients admitted for treatment meet specified medical necessity criteria. The bill would require the department to conduct a site visit if a program is alleged to be in violation of those quality parameters and to provide written notice to the program, as specified. The bill would authorize a licensed substance use disorder treatment program to treat persons 12 to 17 years of age, inclusive, provided certain additional requirements are met, including that assessments include documentation of the person's unique abilities and strengths in the patient treatment plan. The bill would require certain minimum requirements for substance use disorder program administrators and staff who provide services pursuant to these provisions and would grant the department sole authority to establish qualifications that exceed those requirements. The bill would require the department to conduct onsite visits to ensure compliance at least once during the licensure period. The bill would authorize the department to conduct announced or unannounced site visits at any time. The bill would authorize the department to enter any building and inspect the premises and any records of a substance use disorder program to secure information regarding compliance with these provisions. The bill would authorize the Director of Health Care Services to suspend or revoke the license of a substance use disorder program for, among other things, a violation by the program. The bill would require that proceedings for the suspension, revocation, or denial of a license be conducted under specified procedures. The bill would terminate a license if various conditions occur, including, that the substance use program is sold or otherwise transferred. The bill would authorize the department to levy a civil penalty of not less than $250 and no more than $500 per day for each violation, except as specified. The bill would require additional penalties for a program with repeated violations, as specified. The bill would require the department to provide the substance use program with notice and an opportunity to correct the violation prior to assessing the civil penalty. The bill would require that all fees, fines, and penalties collected from substance use disorder programs be deposited in the Residential and Outpatient Program Licensing Fund, to be available upon appropriation by the Legislature. The bill would state that it is the intent of the Legislature to make General Fund money available for purposes of the program if moneys in the Residential and Outpatient Program Licensing Fund are insufficient to fund the regulatory functions of the department. The bill would require the department to adopt regulations to implement these provisions.