,,ii #aagth ,,congress #ast ,session ,s4 #bija ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bi1 #bjba,mr4 ,whitehouse 7for himself and ,mr4 ,portman7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend title ,v of the ,public ,health ,service ,act to provide for increased oversight of recovery housing1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,excellence in ,recovery ,housing ,act4 #b4 ,clarifying the role of ,,samhsa in promoting the availability of high-quality recovery housing ,section #eja7;d7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;aa7 is amended-- 7#a7 in paragraph 7#bd77;,e71 by striking and at the end2 7#b7 in paragraph 7#be71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#bf7 collaborate with national accrediting entities and reputable providers and analysts of recovery housing services and all relevant ,federal agencies1 including the ,centers for ,medicare ,medicaid ,services1 the ,health ,resources and ,services ,administration1 other offices and agencies within the ,department of ,health and ,human ,services1 the ,office of ,national ,drug ,control ,policy1 the ,department of ,justice1 the ,department of ,housing and ,urban ,development1 and the ,department of ,agriculture1 to promote the availability of high-quality recovery housing for individuals with a substance use disorder4 4 #c4 ,developing guidelines for states to promote the availability of high-quality recovery housing ,title ,v of the ,public ,health ,service ,act is amended by inserting after section #eej of such ,act 7#db ,u4,s4,c4 #bij;ee-#e7 the following3 #eej;,a4 ,developing guidelines for ,states to promote the availability of high-quality recovery housing 7a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary1 acting through the ,assistant ,secretary1 shall develop1 and publish on the website of the ,substance ,abuse and ,mental ,health ,services ,administration1 consensus-based guidelines and nationally recognized standards for ,states to promote the availability of high-quality recovery housing for individuals with a substance use disorder4 ,such guidelines shall-- 7#a7 be developed in consultation with national accrediting entities1 reputable providers and analysts of recovery housing services1 and ,states and be consistent with the best practices developed under section #eej2 and 7#b7 to the extent practicable1 build on existing best practices and suggested guidelines developed previously by the ,substance ,abuse and ,mental ,health ,services ,administration4 7b7 ,public comment period ,before finalizing guidelines under subsection 7a71 the ,secretary shall provide for a public comment period4 7c7 ,exclusion of guideline on treatment services ,in developing the guidelines under subsection 7a71 the ,secretary may not include any guideline or standard with respect to substance use disorder treatment services4 7d7 ,substance use disorder treatment services ,in this section1 the term substance use disorder treatment services means items or services furnished for the treatment of a substance use disorder1 including-- 7#a7 medications approved by the ,food and ,drug ,administration for use in such treatment1 excluding each such medication used to prevent or treat a drug overdose2 7#b7 the administering of such medications2 7#c7 recommendations for such treatment2 7#d7 clinical assessments and referrals2 7#e7 counseling with a physician1 psychologist1 or mental health professional 7including individual and group therapy72 and 7#f7 toxicology testing4 4 #d4 ,coordination of ,federal activities to promote the availability of high-quality recovery housing ,section #eej of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;ee-#e7 is amended-- 7#a7 by redesignating subsections 7e71 7f71 and 7g7 as subsections 7g71 7h71 and 7i71 respectively2 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,coordination of ,federal activities ,to promote the availability of high-,quality recovery housing for individuals with a substance use disorder 7#a7 ,in general ,the ,secretary1 acting through the ,assistant ,secretary1 and the ,secretary of ,housing and ,urban ,development shall convene an interagency working group1 co-chaired by the ,assistant ,secretary and the ,secretary of ,housing and ,urban ,development and comprised of representatives of each of the ,federal agencies described in paragraph 7#b7 7referred to in this section as the working group7 for the following purposes3 7,a7 ,to increase collaboration1 cooperation1 and consultation among such ,federal agencies1 with respect to promoting the availability of high-quality recovery housing4 7,b7 ,to align the efforts of such agencies and avoid duplication of such efforts by such agencies4 7,c7 ,to develop objectives1 priorities1 and a long-term plan for supporting ,state1 ,tribal1 and local efforts with respect to the operation of high-quality recovery housing that is consistent with the best practices developed under this section4 7,d7 ,to coordinate inspection and enforcement among ,federal and ,state agencies4 7,e7 ,to coordinate data collection on the quality of recovery housing4 7#b7 ,federal agencies described ,the ,federal agencies described in this paragraph are the following3 7,a7 ,the ,department of ,health and ,human ,services1 including-- 7i7 the ,centers for ,medicare ,medicaid ,services2 7ii7 the ,substance ,abuse and ,mental ,health ,services ,administration2 7iii7 the ,health ,resources and ,services ,administration2 and 7iv7 the ,indian ,health ,service4 7,b7 ,the ,department of ,housing and ,urban ,development4 7,c7 ,the ,department of ,agriculture4 7,d7 ,the ,department of ,justice4 7,e7 ,the ,office of ,national ,drug ,control ,policy4 7,f7 ,the ,bureau of ,indian ,affairs4 7,g7 ,the ,department of ,labor4 7,h7 ,any other ,federal agency as the co-chairs determine appropriate4 7#c7 ,meetings ,the working group shall meet on a quarterly basis4 7#d7 ,reports to ,congress ,beginning not later than #a year after the date of enactment of this section and annually thereafter1 the working group shall submit to the ,committee on ,energy and ,commerce1 the ,committee on ,ways and ,means1 the ,committee on ,agriculture1 and the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 the ,committee on ,agriculture1 ,nutrition1 and ,forestry1 and the ,committee on ,finance of the ,senate a report describing the work of the working group and any recommendations of the working group to improve ,federal1 ,state1 or local policy with respect to recovery housing operations4 7#e7 ,authorization of appropriations ,to carry out this subsection1 there are authorized to be appropriated such sums as may be necessary for fiscal years #bjbb through #bjbg4 4 #e4 ,,nas study and report 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,assistant ,secretary for ,mental ,health and ,substance ,use1 shall enter into an arrangement with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine to conduct a study1 which may include a literature review and case studies as appropriate1 on-- 7#a7 the quality and effectiveness of recovery housing in the ,united ,states1 including the availability in the ,united ,states of high-quality recovery housing and whether that availability meets the demand for such housing in the ,united ,states2 and 7#b7 ,state1 ,tribal1 and local regulation and oversight of recovery housing4 7b7 ,topics ,the study under subsection 7a7 shall include a literature review of studies that-- 7#a7 examine the quality of1 and effectiveness outcomes for1 the types and characteristics of covered recovery housing programs listed in subsection 7c72 and 7#b7 identify the research and data gaps that must be filled to better report on the quality of1 and effectiveness outcomes related to1 covered recovery housing4 7c7 ,type and characteristics ,the types and characteristics of covered recovery housing programs referred to in subsection 7b7 consist of the following3 7#a7 ,nonprofit and for-profit covered recovery housing4 7#b7 ,private and public covered recovery housing4 7#c7 ,covered recovery housing programs that provide services to-- 7,a7 residents on a voluntary basis2 and 7,b7 residents pursuant to a judicial order4 7#d7 ,number of clients served1 disaggregated to the extent possible by covered recovery housing serving-- 7,a7 #f or fewer recovering residents2 7,b7 #aj to #ac recovering residents2 and 7,c7 #ah or more recovering residents4 7#e7 ,bedroom occupancy in a house1 disaggregated to the extent possible by-- 7,a7 single room occupancy2 7,b7 #b residents occupying #a room2 and 7,c7 more than #b residents occupying #a room4 7#f7 ,duration of services received by clients1 disaggregated to the extent possible according to whether the services were-- 7,a7 #cj days or fewer2 7,b7 #ca to #ij days2 7,c7 more than #ij days and fewer than #f months2 or 7,d7 #f months or more4 7#g7 ,certification levels of staff4 7#h7 ,fraudulent and abusive practices by operators of covered recovery housing and inpatient and outpatient treatment facilities1 both individually and in concert1 including-- 7,a7 deceptive or misleading marketing practices1 including-- 7i7 inaccurate outcomes-based marketing2 and 7ii7 marketing based on non-evidence-based practices2 7,b7 illegal patient brokering2 7,c7 third-party recruiters2 7,d7 deceptive or misleading marketing practices of treatment facility and recovery housing online aggregators2 and 7,e7 the impact of such practices on health care costs and recovery rates4 7d7 ,report ,the arrangement under subsection 7a7 shall require1 by not later than #ah months after the date of entering into the agreement-- 7#a7 completing the study under such subsection2 and 7#b7 making publicly available 7including through publication on the internet7 a report that contains-- 7,a7 the results of the study2 7,b7 the ,national ,academy's recommendations for ,federal1 ,state1 and local policies to promote the availability of high-quality recovery housing in the ,united ,states2 7,c7 research and data gaps2 7,d7 recommendations for recovery housing quality and effectiveness metrics2 7,e7 recommended mechanisms to collect data on those metrics1 including with respect to research and data gaps2 7,f7 recommendations to eliminate restrictions by recovery housing that exclude individuals who take prescribed medications for opioid use disorder2 and 7,g7 a summary of allegations1 assertions1 or formal legal actions on the ,state and local levels by governments and nongovernmental organizations with respect to the opening and operation of recovery housing4 7e7 ,definitions ,in this subsection3 7#a7 ,the term covered recovery housing means recovery housing that utilizes compensated or volunteer onsite staff who are not health care professionals to support residents4 7#b7 ,the term effectiveness outcomes may include decreased substance use1 reduced probability of relapse or reoccurrence1 lower rates of incarceration1 higher income1 increased employment1 and improved family functioning4 7#c7 ,the term health care professional means an individual who is licensed or otherwise authorized by the ,state to provide health care services4 7#d7 ,the term recovery housing means a shared living environment that is or purports to be-- 7,a7 free from alcohol and use of nonprescribed drugs2 and 7,b7 centered on connection to services that promote sustained recovery from substance use disorders4 7f7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #a1ejj1jjj for fiscal year #bjbb4 #f4 ,filling research and data gaps ,not later than #fj days after the completion of the study under section #e1 the ,secretary of ,health and ,human ,services shall enter into an agreement with an appropriate entity to conduct such research as may be necessary to fill the research and data gaps identified in reporting pursuant to such section4 #g4 ,grants for ,states to promote the availability of high quality recovery housing ,section #eej of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;ee-#e71 as amended by section #d1 is further amended by inserting after subsection 7e7 7as inserted by section #d7 the following3 7f7 ,grants for implementing national recovery housing best practices 7#a7 ,in general ,the ,secretary shall award grants to ,states 7and political subdivisions of ,states71 ,tribes1 and territories-- 7,a7 for the provision of technical assistance by national accrediting entities and reputable providers and analysts of recovery housing services to implement the guidelines1 nationally recognized standards1 and recommendations developed under section #c of the ,excellence in ,recovery ,housing ,act and this section2 and 7,b7 to promote the availability of high-quality recovery housing for individuals with a substance use disorder and practices to maintain housing quality long term4 7#b7 ,state enforcement plans ,beginning not later than #ij days after the date of enactment of this paragraph and every #b years thereafter1 as a condition on the receipt of a grant under paragraph 7#a71 each ,state 7or political subdivision of a ,state71 ,tribe1 or territory receiving such a grant shall submit to the ,secretary1 and make publicly available on a publicly accessible website of the ,state 7or political subdivision of the ,state71 ,tribe1 or territory-- 7,a7 the plan of the ,state 7or political subdivision of a ,state71 ,tribe1 or territory1 with respect to the promotion of high-quality recovery housing for individuals with a substance use disorder located within the jurisdiction of such ,state 7or political subdivision of a ,state71 ,tribe1 or territory2 and 7,b7 a description of how such plan is consistent with the best practices developed under this section and guidelines developed under section #eej;,a4 7#c7 ,review of accrediting entities ,the ,secretary shall periodically review1 by developing a rubric to evaluate accreditation1 the accrediting entities providing technical assistance pursuant to paragraph 7#a77;,a74 7#d7 ,authorization of appropriations ,to carry out this subsection1 there is authorized to be appropriated #aj1jjj1jjj for each of fiscal years #bjbc through #bjbg4 4 #h4 ,authorization of appropriations ,section #eej of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;ee-#e71 as amended by sections #d and #g1 is further amended by amending subsection 7i7 7as redesignated by such section #d7 to read as follows3 7i7 ,authorization of appropriations 7#a7 ,in general ,to carry out this section1 there is authorized to be appropriated-- 7,a7 #b1jjj1jjj for fiscal year #bjbb2 and 7,b7 #aa1jjj1jjj for each of fiscal years #bjbc through #bjbg4 7#b7 ,reservations of funds ,for each of fiscal years #bjbb through #bjbg1 of the amounts appropriated under paragraph 7#a7 for such fiscal year1 the ,secretary shall reserve-- 7,a7 not less than #a1jjj1jjj to carry out subsection 7e72 and 7,b7 not less than #aj1jjj1jjj to award grants under paragraphs 7#a7 and 7#b7 of subsection 7f74 4 #i4 ,reputable providers and analysts of recovery housing services definition ,section #eej7;h7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;ee-#e7;i771 as redesignated by section #d1 is amended by adding at the end the following3 7#d7 ,the term reputable providers and analysts of recovery housing services means recovery housing service providers and analysts that-- 7,a7 use evidence-based approaches2 7,b7 act in accordance with guidelines issued by the ,assistant ,secretary2 7,c7 have not been found guilty of health care fraud1 patient brokering1 or false advertising by the ,department of ,justice1 the ,department of ,health and ,human ,services1 or a ,medicaid ,fraud ,control ,unit2 7,d7 have not been found to have violated ,federal1 ,state1 or local codes of conduct with respect to recovery housing for individuals with a substance use disorder2 and 7,e7 do not employ individuals with a past conviction of criminal1 domestic1 or sexual violence1 or significant drug distribution1 in the care or supervision of individuals4 4 #aj4 ,technical correction ,title ,v of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;aa et seq47 is amended-- 7#a7 by redesignating section #eej 7relating to ,sobriety ,treatment and ,recovery ,teams7 7#db ,u4,s4,c4 #bij;ee-#aj71 as added by section #hbad of ,public ,law #aae-bga1 as section #eej;,b2 and 7#b7 moving such section so it appears after section #eej;,a 7added by section #c of this ,act74