Writing to update you on progress for establishing regulations for Recovery Houses.
Regulation Drafting
The Department of Drug and Alcohol Programs (DDAP) is developing a certification program for recovery houses that receive governmental funding or referrals.
DDAP is reworking its Transitional Living Facility (TLF) regulations (28 Pa. Code §§ 709.71 – 709.74) into Recovery House regulations.
DDAP has completed an initial draft of these regulations, which are currently under review.
Timelines to Remember
Act 59 of 2017 (“Act”) requires DDAP to adopt final recovery house regulations on or before December 20, 2019.
The Act also requires the recovery houses that receive governmental funding or referrals to be certified by June 17, 2020.
DDAP will be certifying recovery houses between January and June of 2020.
Statutory Content to Be Prepared For
The Act requires DDAP to include specific items in its regulations. If you plan on applying for certification of a recovery house, it may be helpful to keep these requirements in mind. Regulatory requirements from the act include, but are not limited to, the following:
A policy that ensures that residents are informed of all drug and alcohol recovery house rules, residency requirements and lease agreements.
Policies and procedures for management of all funds received and expended by the drug and alcohol recovery house in accordance with standard accounting practices, including funds received from or managed on behalf of residents of the drug and alcohol recovery house.
Policies regarding criminal background checks for operators and employees of the drug and alcohol recovery house.
A policy that no drug and alcohol recovery house owner, employee, house officer or individual related to a drug and alcohol recovery house owner, employee or house officer shall directly or indirectly solicit or accept a commission, fee or anything of monetary or material value from residents, other related individuals, third party entities or referral sources, beyond specified rent established in writing at the time of residency.
Policies and procedures addressing the safety and protection of residents.
Policies that promote recovery by requiring resident participation in treatment, self-help groups or other recovery supports.
Policies requiring abstinence from alcohol and illicit drugs.
Procedures regarding appropriate use and security of medication.
Maintenance of the property in which the drug and alcohol recovery house is located, including, but not limited to, the installation of functioning smoke detectors, carbon monoxide detectors and fire extinguishers and compliance with local fire codes.
Policies and procedures which prohibit an owner, house administrator or employee of a drug and alcohol recovery house from requiring a resident to sign any document for the purpose of relinquishing the resident's public assistance benefits, including, but not limited to, medical assistance benefits, cash assistance and SNAP benefits.
Policies and procedures for managing complaints about licensed or certified drug and alcohol recovery houses.
Requirements for notification of a family member or other emergency contact designated by the resident under certain circumstances, including, but not limited to, death due to an overdose.
You can find the full language of the Act here: http://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2017&sessInd=0&act=59
I encourage you to share with colleagues as appropriate. If this email was forwarded to you – you can sign up for future emails on recovery houses on DDAP’s website at: http://www.ddap.pa.gov/Pages/Recovery-House-Licensing.aspx.
Thank you,
Derrick Pelletier I Policy Director
Department of Drug and Alcohol Programs One Penn Center, 5th Floor
2601 N 3rd Street, Harrisburg, PA 17110 Phone: 717.547.3323 Cell: 717.503.4709