Connecticut Seal

General Assembly

Amendment

 

January Session, 2017

LCO No. 8448

   
 

*HB0574108448HDO*

Offered by:

 

REP. STEINBERG, 136th Dist.

REP. COOK, 65th Dist.

 

To: House Bill No. 5741

File No. 578

Cal. No. 380

"AN ACT CONCERNING SOBER LIVING HOMES. "

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. (NEW) (Effective July 1, 2017) (a) As used in this section:

(1) "Sober living home" means a residence with an operator that provides, or offers to provide, a supportive environment for adults who are recovering from a substance use disorder;

(2) "Operator" means the lawful owner of a sober living home or agent of such owner who maintains standards and conditions in the home that create an environment supportive of substance use disorder recovery;

(3) "Commissioner" means the Commissioner of Mental Health and Addiction Services;

(4) "Department" means the Department of Mental Health and Addiction Services; and

(5) "Opioid antagonist" has the same meaning as provided in section 17a-714a of the general statutes.

(b) No operator of a sober living home shall (1) advertise or represent that a sober living home is a facility that is certified or licensed to provide substance use disorder treatment services, or (2) publish any claims of particular outcomes for individuals residing in such homes. Any Internet web site or publication maintained by a sober living home shall include a clear and conspicuous statement in bold typeface that the sober living home (A) is not licensed or certified to provide substance use disorder treatment services, and (B) is a type of housing in which individuals recovering from a substance use disorder voluntarily choose to live together in a supportive environment during their recovery. Any violation of the provisions of this subsection shall constitute an unfair trade practice pursuant to section 42-110b of the general statutes.

(c) (1) On or before August 1, 2017, the commissioner shall create a printable one-page disclosure form for distribution to prospective sober living home residents. Such disclosure form shall (A) be written in plain language and in an easily readable format, (B) state that sober living homes are not licensed or certified to provide substance use disorder treatment services, (C) provide information on sober living homes and resources for individuals recovering from a substance use disorder, and (D) contain a signature line on which a prospective resident may sign the form. Such disclosure form shall be made available to the public on the department's Internet web site. The commissioner shall review and update such disclosure form as necessary.

(2) On and after August 15, 2017, each operator of a sober living home shall, prior to the execution of a rental agreement with a prospective resident, (A) obtain a signature from such prospective resident on the disclosure form distributed by the operator under subdivision (1) of this subsection affirming that he or she has read, understood and received such disclosure form, and (B) provide each signed disclosure form to the department. The department shall maintain each disclosure form received under this subdivision in accordance with all applicable confidentiality laws and regulations, including, but not limited to, 42 CFR Part 2, as amended from time to time.

(3) On and after August 15, 2017, each operator of a sober living home shall obtain the signature of each current resident of the sober living home on the disclosure form distributed by the operator under subdivision (1) of this subsection affirming that he or she has read, understood and received such disclosure form. The operator shall maintain each disclosure form received under this subdivision for not less than three years after the date the resident signed the disclosure form.

(d) Each operator of a sober living home shall:

(1) Maintain a supply of opioid antagonists on the premises and provide training in the administration of opioid antagonists to all of its residents when such home is occupied by at least one resident who has been diagnosed with opioid use disorder;

(2) Post in at least one common area of the sober living home (A) all requirements of residents while living in the home, including all required recovery activities, (B) policies regarding a resident's personal property within the home, and (C) any grievance policies and procedures for the residents to follow; and

(3) Comply with all requirements of a landlord pursuant to chapter 830 of the general statutes, provided such operator is the lawful owner of the sober living home, and adhere to any provisions of any applicable municipal ordinance, the State Building Code or the Fire Safety Code. "

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2017

New section