Excellence in Recovery Housing Act

I 116TH CONGRESS 2D SESSION H. R. 8868 To amend title V of the Public Health Service Act to provide for increased oversight of recovery housing, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 3, 2020 Mr. TRONE (for himself, Ms. JUDY CHU of California, and Mr. LEVIN of Cali- fornia) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title V of the Public Health Service Act to provide for increased oversight of recovery housing, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Excellence in Recovery 4 Housing Act’’. 5 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8868.IH H8868 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8868 IH SEC. 2. CLARIFYING THE ROLE OF SAMHSA IN PROMOTING 1 THE AVAILABILITY OF HIGH-QUALITY RECOV- 2 ERY HOUSING. 3 Section 501(d) of the Public Health Service Act (42 4 U.S.C. 290aa) is amended— 5 (1) in paragraph (24)(E), by striking ‘‘and’’ at 6 the end; 7 (2) in paragraph (25), by striking the period at 8 the end and inserting ‘‘; and’’; and 9 (3) by adding at the end the following: 10 ‘‘(26) collaborate with national accrediting enti- 11 ties and reputable providers and analysts of recovery 12 housing services and all relevant Federal agencies, 13 including the Centers for Medicare & Medicaid Serv- 14 ices, the Health Resources and Services Administra- 15 tion, other offices and agencies within the Depart- 16 ment of Health and Human Services, the Office of 17 National Drug Control Policy, the Department of 18 Justice, the Department of Housing and Urban De- 19 velopment, and the Department of Agriculture, to 20 promote the availability of high-quality recovery 21 housing for individuals with a substance use dis- 22 order.’’. 23 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8868.IH H8868 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 8868 IH SEC. 3. DEVELOPING GUIDELINES FOR STATES TO PRO- 1 MOTE THE AVAILABILITY OF HIGH-QUALITY 2 RECOVERY HOUSING. 3 (a) IN GENERAL.—Not later than one year after the 4 date of the enactment of this Act, the Secretary of Health 5 and Human Services, acting through the Assistant Sec- 6 retary for Mental Health and Substance Use, shall de- 7 velop, and publish on the internet website of the Substance 8 Abuse and Mental Health Services Administration, con- 9 sensus-based guidelines and nationally recognized stand- 10 ards for States to promote the availability of high-quality 11 recovery housing for individuals with a substance use dis- 12 order. Such guidelines shall— 13 (1) be developed in consultation with national 14 accrediting entities and reputable providers and ana- 15 lysts of recovery housing services and be consistent 16 with the best practices developed under section 550 17 of the Public Health Service Act (42 U.S.C. 290aa); 18 and 19 (2) to the extent practicable, build on existing 20 best practices and suggested guidelines developed 21 previously by the Substance Abuse and Mental 22 Health Services Administration. 23 (b) PUBLIC COMMENT PERIOD.—Before finalizing 24 guidelines under subsection (a), the Secretary of Health 25 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8868.IH H8868 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 8868 IH and Human Services shall provide for a public comment 1 period. 2 (c) EXCLUSION OF GUIDELINE ON TREATMENT 3 SERVICES.—In developing the guidelines under subsection 4 (a), the Secretary may not include any guideline or stand- 5 ard with respect to substance use disorder treatment serv- 6 ices. 7 (d) SUBSTANCE USE DISORDER TREATMENT SERV- 8 ICES.—In this section, the term ‘‘substance use disorder 9 treatment services’’ means items or services furnished for 10 the treatment of a substance use disorder, including— 11 (1) medications approved by the Food and 12 Drug Administration for use in such treatment, ex- 13 cluding each such medication used to prevent or 14 treat a drug overdose; 15 (2) the administering of such medications; 16 (3) recommendations for such treatment; 17 (4) clinical assessments and referrals; 18 (5) counseling with a physician, psychologist, or 19 mental health professional (including individual and 20 group therapy); and 21 (6) toxicology testing. 22 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8868.IH H8868 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 8868 IH SEC. 4. COORDINATION OF FEDERAL ACTIVITIES TO PRO- 1 MOTE THE AVAILABILITY OF HIGH-QUALITY 2 RECOVERY HOUSING. 3 Section 550 of the Public Health Service Act (42 4 U.S.C. 290ee–5) is amended— 5 (1) by redesignating subsections (e), (f), and 6 (g) as subsections (h), (i), and (j), respectively; and 7 (2) by inserting after subsection (d) the fol- 8 lowing: 9 ‘‘(e) COORDINATION OF FEDERAL ACTIVITIES TO 10 PROMOTE THE AVAILABILITY OF HIGH-QUALITY RECOV- 11 ERY HOUSING FOR INDIVIDUALS WITH A SUBSTANCE 12 USE DISORDER.— 13 ‘‘(1) IN GENERAL.—The Secretary, acting 14 through the Assistant Secretary, and the Secretary 15 of the Department of Housing and Urban Develop- 16 ment, shall convene and serve as the co-chairs of an 17 interagency working group composed of representa- 18 tives of each of the Federal agencies described in 19 paragraph (2) (referred to in this section as the 20 ‘working group’) for the following purposes: 21 ‘‘(A) To increase collaboration, coopera- 22 tion, and consultation among such Federal 23 agencies, with respect to promoting the avail- 24 ability of high-quality recovery housing. 25 VerDate Sep 11 2014 02:04 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8868.IH H8868 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 8868 IH ‘‘(B) To align the efforts of such agencies 1 and avoid duplication of such efforts by such 2 agencies. 3 ‘‘(C) To develop objectives, priorities, and 4 a long-term plan for supporting State, Tribal, 5 and local efforts with respect to the operation 6 of high-quality recovery housing that is con- 7 sistent with the best practices developed under 8 this section. 9 ‘‘(D) To coordinate inspection and enforce- 10 ment among Federal and State agencies. 11 ‘‘(E) To coordinate data collection on the 12 quality of recovery housing. 13 ‘‘(2) FEDERAL AGENCIES DESCRIBED.—The 14 Federal agencies described in this paragraph are the 15 following: 16 ‘‘(A) The Department of Health and 17 Human Services. 18 ‘‘(B) The Centers for Medicare & Medicaid 19 Services. 20 ‘‘(C) The Substance Abuse and Mental 21 Health Services Administration. 22 ‘‘(D) The Health Resources Services Ad- 23 ministration. 24 ‘‘(E) The Indian Health Service. 25 VerDate Sep 11 2014 02:04 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8868.IH H8868 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 8868 IH ‘‘(F) The Department of Housing and 1 Urban Development. 2 ‘‘(G) The Department of Agriculture. 3 ‘‘(H) The Department of Justice. 4 ‘‘(I) The Office of National Drug Control 5 Policy. 6 ‘‘(J) The Bureau of Indian Affairs. 7 ‘‘(K) Any other such agency or subagency 8 as the chair determines necessary and appro- 9 priate. 10 ‘‘(3) MEETINGS.—The working group shall 11 meet on a quarterly basis. 12 ‘‘(4) REPORTS TO CONGRESS.—Beginning not 13 later than one year after the date of the enactment 14 of this section and annually thereafter, the working 15 group shall submit to the Committee on Energy and 16 Commerce, the Committee on Ways and Means, the 17 Committee on Agriculture, and the Committee on 18 Financial Services of the House of Representatives 19 and the Committee on Health, Education, Labor, 20 and Pensions, the Committee on Agriculture, Nutri- 21 tion, and Forestry, and the Committee on Finance 22 of the Senate a report describing the work of the 23 working group and any recommendations of the 24 VerDate Sep 11 2014 02:04 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8868.IH H8868 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 8868 IH working group to improve Federal, State, and local 1 policy with respect to recovery housing operations.’’. 2 SEC. 5. NAS STUDY. 3 Section 550 of the Public Health Service Act (42 4 U.S.C. 290ee–5), as amended by section 4, is further 5 amended by inserting after subsection (e) (as inserted by 6 such section 4) the following: 7 ‘‘(f) NAS STUDY AND REPORT.— 8 ‘‘(1) IN GENERAL.—The Secretary, acting 9 through the Assistant Secretary, shall enter into an 10 arrangement with the National Academy of Sciences 11 under which the National Academy agrees to con- 12 duct a study on— 13 ‘‘(A) the availability in the United States 14 of high-quality recovery housing and whether 15 that availability meets the demand for such 16 housing in the United States; and 17 ‘‘(B) State, Tribal, and local regulation 18 and oversight of recovery housing. 19 ‘‘(2) REPORT.—The arrangement under para- 20 graph (1) shall provide for the National Academy of 21 Sciences to submit, not later than 1 year after the 22 date of the enactment of this subsection, a report 23 that contains— 24 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8868.IH H8868 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 8868 IH ‘‘(A) the results of the study under such 1 paragraph; 2 ‘‘(B) the National Academy’s recommenda- 3 tions for Federal, State, and local policies to 4 promote the availability of high-quality recovery 5 housing in the United States; 6 ‘‘(C) recommendations for Federal, State, 7 and local policies to improve data collection on 8 the quality of recovery housing; 9 ‘‘(D) recommendations for recovery hous- 10 ing quality metrics; 11 ‘‘(E) recommendations to eliminate restric- 12 tions by recovery residences that exclude indi- 13 viduals who take prescribed medications for 14 opioid use disorder; and 15 ‘‘(F) a summary of allegations, assertions, 16 or formal legal actions on the State and local 17 levels by governments and non-governmental or- 18 ganizations with respect to the opening and op- 19 eration of recovery residences. 20 ‘‘(3) CONSULTATION.—In conducting the study 21 under this subsection, the National Academy of 22 Sciences shall consult with national accrediting enti- 23 ties and reputable providers and analysts of recovery 24 housing services.’’. 25 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8868.IH H8868 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 8868 IH SEC. 6. GRANTS FOR STATES TO PROMOTE THE AVAIL- 1 ABILITY OF HIGH QUALITY RECOVERY HOUS- 2 ING. 3 Section 550 of the Public Health Service Act (42 4 U.S.C. 290ee–5), as amended by sections 4 and 5, is fur- 5 ther amended by inserting after subsection (f) (as inserted 6 by such section 5) the following: 7 ‘‘(g) GRANTS FOR IMPLEMENTING NATIONAL RE- 8 COVERY HOUSING BEST PRACTICES.— 9 ‘‘(1) IN GENERAL.—The Secretary shall award 10 grants to States (and political subdivisions thereof), 11 Tribes, and territories— 12 ‘‘(A) for the provision of technical assist- 13 ance by national accrediting entities and rep- 14 utable providers and analysts of recovery hous- 15 ing services to implement the guidelines, nation- 16 ally recognized standards, and recommendations 17 developed under section 3 of the Excellence in 18 Recovery Housing Act and this section; and 19 ‘‘(B) to promote the availability of high- 20 quality recovery housing for individuals with a 21 substance use disorder and practices to main- 22 tain housing quality long term. 23 ‘‘(2) STATE ENFORCEMENT PLANS.—Beginning 24 not later than 90 days after the date of the enact- 25 ment of this paragraph and every 2 years thereafter, 26 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8868.IH H8868 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 8868 IH as a condition on the receipt of a grant under para- 1 graph (1), each State (or political subdivisions there- 2 of), Tribe, or territory receiving such a grant shall 3 submit to the Secretary, and make publicly available 4 on a publicly accessible Internet website of the State 5 (or political subdivisions thereof), Tribe, or territory, 6 the plan of the State (or political subdivisions there- 7 of), Tribe, or territory, with respect to the promotion 8 of high-quality recovery housing for individuals with 9 a substance use disorder located within the jurisdic- 10 tion of such State (or political subdivisions thereof), 11 Tribe, or territory, and how such plan is consistent 12 with the best practices developed under this section 13 and guidelines developed under section 3 of the Ex- 14 cellence in Recovery Housing Act. 15 ‘‘(3) REVIEW OF ACCREDITING ENTITIES.—The 16 Secretary shall periodically review the accrediting 17 entities providing technical assistance pursuant to 18 paragraph (1)(A).’’. 19 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 20 Section 550 of the Public Health Service Act (42 21 U.S.C. 290ee–5), as amended by sections 4, 5, and 6 is 22 further amended by amending subsection (j) (as redesig- 23 nated by such section 4) to read as follows: 24 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 25 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8868.IH H8868 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 8868 IH ‘‘(1) IN GENERAL.—To carry out this section, 1 there is authorized to be appropriated— 2 ‘‘(A) $2,000,000 for fiscal year 2021; and 3 ‘‘(B) $11,000,000 for each of fiscal years 4 2022 through 2026. 5 ‘‘(2) RESERVATIONS OF FUNDS.—The Sec- 6 retary shall reserve— 7 ‘‘(A) not less than $1,000,000 to carry out 8 subsection (e) for each of fiscal years 2021 9 through 2026; 10 ‘‘(B) not less than $1,000,000 to carry out 11 subsection (f) for fiscal year 2021; and 12 ‘‘(C) not less than $10,000,000 to carry 13 out subsection (g) for each of fiscal years 2022 14 through 2026.’’. 15 SEC. 8. REPUTABLE PROVIDERS AND ANALYSTS OF RECOV- 16 ERY HOUSING SERVICES DEFINITION. 17 Section 550(i) of the Public Health Service Act (42 18 U.S.C. 290ee–5(i)), as redesignated by section 4, is 19 amended by adding at the end the following: 20 ‘‘(4) The term ‘reputable providers and analysts 21 of recovery housing services’ means recovery housing 22 service providers and analysts that— 23 ‘‘(A) use evidence-based approaches; 24 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H8868.IH H8868 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 8868 IH ‘‘( [Text truncated for display. Full text available on Congress.gov.]