Legislation to Enhance Regulation of Recovery Residences Moving Forward

Two similar bills to enhance regulation of recovery residences are moving forward this session.  VACo supports these bills, which build on the efforts of a workgroup in which VACo participated last summer.

HB 931 (Simon) requires the Board of Behavioral Health and Developmental Services to promulgate regulations for minimum certification standards for recovery residences and sets out elements of these standards, including a process for corrective action plans, a process for submission of complaints, a prohibition on the use of certain non-disclosure agreements, and the alignment of any regulations with national best practice standards.  The Board is also required to promulgate regulations to establish a process for operators of recovery residences to apply for certification independently or in conjunction with a credentialing entity.  The bill bars recovery residences from requiring residents to participate in certain medical or psychological services under which the residence receives a financial benefit as a condition of entering or maintaining residency at the recovery residence, and limits referrals made by the Department of Behavioral Health and Developmental Services or any state agency to recovery residences that are certified by the Department.

The bill directs the Department and the Virginia Housing Commission to make recommendations for establishing regulations for licensed providers of clinical substance use treatment services that offer housing as a benefit for individuals participating in treatment services, but are not licensed or certified as recovery residences.  The bill also directs the State Board to promulgate regulations to expand data reporting requirements for recovery residences, as well as regulations regarding public reporting of certain information regarding recovery residences.  The bill also continues the workgroup and requires it to meet at least twice each calendar year.  HB 931 has passed the House and awaits action in the Senate Rehabilitation and Social Services Committee.

SB 270 (VanValkenburg) contains similar provisions but delays their effective date until July 1, 2027.  This bill has passed the Senate, was heard in the House Health and Human Services Committee this morning, and is headed to the House floor.  VACo spoke in favor of both bills during their committee hearings and looks forward to continuing to participate in the ongoing workgroup.

VACo Contact: Katie Boyle

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