Excellence in Recovery Housing Act
This bill directs the Substance Abuse and Mental Health Services Administration to promote the availability of high-quality recovery housing for individuals with substance use disorders, including by developing standards and best practices for recovery housing and awarding grants to states, tribes, territories, and localities.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8868 Introduced in House (IH)]
<DOC>
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
California) 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Excellence in Recovery Housing
Act''.
SEC. 2. CLARIFYING THE ROLE OF SAMHSA IN PROMOTING THE AVAILABILITY OF
HIGH-QUALITY RECOVERY HOUSING.
Section 501(d) of the Public Health Service Act (42 U.S.C. 290aa)
is amended--
(1) in paragraph (24)(E), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(26) collaborate with national accrediting entities and
reputable providers and analysts of recovery housing services
and all relevant Federal agencies, including the Centers for
Medicare & Medicaid Services, the Health Resources and Services
Administration, other offices and agencies within the
Department of Health and Human Services, the Office of National
Drug Control Policy, the Department of Justice, the Department
of Housing and Urban Development, and the Department of
Agriculture, to promote the availability of high-quality
recovery housing for individuals with a substance use
disorder.''.
SEC. 3. DEVELOPING GUIDELINES FOR STATES TO PROMOTE THE AVAILABILITY OF
HIGH-QUALITY RECOVERY HOUSING.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Health and Human Services,
acting through the Assistant Secretary for Mental Health and Substance
Use, shall develop, and publish on the internet website of the
Substance Abuse and Mental Health Services Administration, consensus-
based guidelines and nationally recognized standards for States to
promote the availability of high-quality recovery housing for
individuals with a substance use disorder. Such guidelines shall--
(1) be developed in consultation with national accrediting
entities and reputable providers and analysts of recovery
housing services and be consistent with the best practices
developed under section 550 of the Public Health Service Act
(42 U.S.C. 290aa); and
(2) to the extent practicable, build on existing best
practices and suggested guidelines developed previously by the
Substance Abuse and Mental Health Services Administration.
(b) Public Comment Period.--Before finalizing guidelines under
subsection (a), the Secretary of Health and Human Services shall
provide for a public comment period.
(c) Exclusion of Guideline on Treatment Services.--In developing
the guidelines under subsection (a), the Secretary may not include any
guideline or standard with respect to substance use disorder treatment
services.
(d) Substance Use Disorder Treatment Services.--In this section,
the term ``substance use disorder treatment services'' means items or
services furnished for the treatment of a substance use disorder,
including--
(1) medications approved by the Food and Drug
Administration for use in such treatment, excluding each such
medication used to prevent or treat a drug overdose;
(2) the administering of such medications;
(3) recommendations for such treatment;
(4) clinical assessments and referrals;
(5) counseling with a physician, psychologist, or mental
health professional (including individual and group therapy);
and
(6) toxicology testing.
SEC. 4. COORDINATION OF FEDERAL ACTIVITIES TO PROMOTE THE AVAILABILITY
OF HIGH-QUALITY RECOVERY HOUSING.
Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5) is
amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (h), (i), and (j), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Coordination of Federal Activities To Promote the
Availability of High-Quality Recovery Housing for Individuals With a
Substance Use Disorder.--
``(1) In general.--The Secretary, acting through the
Assistant Secretary, and the Secretary of the Department of
Housing and Urban Development, shall convene and serve as the
co-chairs of an interagency working group composed of
representatives of each of the Federal agencies described in
paragraph (2) (referred to in this section as the `working
group') for the following purposes:
``(A) To increase collaboration, cooperation, and
consultation among such Federal agencies, with respect
to promoting the availability of high-quality recovery
housing.
``(B) To align the efforts of such agencies and
avoid duplication of such efforts by such agencies.
``(C) To develop objectives, priorities, and a
long-term plan for supporting State, Tribal, and local
efforts with respect to the operation of high-quality
recovery housing that is consistent with the best
practices developed under this section.
``(D) To coordinate inspection and enforcement
among Federal and State agencies.
``(E) To coordinate data collection on the quality
of recovery housing.
``(2) Federal agencies described.--The Federal agencies
described in this paragraph are the following:
``(A) The Department of Health and Human Services.
``(B) The Centers for Medicare & Medicaid Services.
``(C) The Substance Abuse and Mental Health
Services Administration.
``(D) The Health Resources Services Administration.
``(E) The Indian Health Service.
``(F) The Department of Housing and Urban
Development.
``(G) The Department of Agriculture.
``(H) The Department of Justice.
``(I) The Office of National Drug Control Policy.
``(J) The Bureau of Indian Affairs.
``(K) Any other such agency or subagency as the
chair determines necessary and appropriate.
``(3) Meetings.--The working group shall meet on a
quarterly basis.
``(4) Reports to congress.--Beginning not later than one
year after the date of the enactment of this section and
annually thereafter, the working group shall submit to the
Committee on Energy and Commerce, the Committee on Ways and
Means, the Committee on Agriculture, and the Committee on
Financial Services of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions, the
Committee on Agriculture, Nutrition, and Forestry, 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 Federal, State, and local policy with respect
to recovery housing operations.''.
SEC. 5. NAS STUDY.
Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5),
as amended by section 4, is further amended by inserting after
subsection (e) (as inserted by such section 4) the following:
``(f) NAS Study and Report.--
``(1) In general.--The Secretary, acting through the
Assistant Secretary, shall enter into an arrangement with the
National Academy of Sciences under which the National Academy
agrees to conduct a study on--
``(A) the availability in the United States of
high-quality recovery housing and whether that
availability meets the demand for such housing in the
United States; and
``(B) State, Tribal, and local regulation and
oversight of recovery housing.
``(2) Report.--The arrangement under paragraph (1) shall
provide for the National Academy of Sciences to submit, not
later than 1 year after the date of the enactment of this
subsection, a report that contains--
``(A) the results of the study under such
paragraph;
``(B) the National Academy's recommendations for
Federal, State, and local policies to promote the
availability of high-quality recovery housing in the
United States;
``(C) recommendations for Federal, State, and local
policies to improve data collection on the quality of
recovery housing;
``(D) recommendations for recovery housing quality
metrics;
``(E) recommendations to eliminate restrictions by
recovery residences that exclude individuals who take
prescribed medications for opioid use disorder; and
``(F) a summary of allegations, assertions, or
formal legal actions on the State and local levels by
governments and non-governmental organizations with
respect to the opening and operation of recovery
residences.
``(3) Consultation.--In conducting the study under this
subsection, the National Academy of Sciences shall consult with
national accrediting entities and reputable providers and
analysts of recovery housing services.''.
SEC. 6. GRANTS FOR STATES TO PROMOTE THE AVAILABILITY OF HIGH QUALITY
RECOVERY HOUSING.
Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5),
as amended by sections 4 and 5, is further amended by inserting after
subsection (f) (as inserted by such section 5) the following:
``(g) Grants for Implementing National Recovery Housing Best
Practices.--
``(1) In general.--The Secretary shall award grants to
States (and political subdivisions thereof), Tribes, and
territories--
``(A) for the provision of technical assistance by
national accrediting entities and reputable providers
and analysts of recovery housing services to implement
the guidelines, nationally recognized standards, and
recommendations developed under section 3 of the
Excellence in Recovery Housing Act and this section;
and
``(B) to promote the availability of high-quality
recovery housing for individuals with a substance use
disorder and practices to maintain housing quality long
term.
``(2) State enforcement plans.--Beginning not later than 90
days after the date of the enactment of this paragraph and
every 2 years thereafter, as a condition on the receipt of a
grant under paragraph (1), each State (or political
subdivisions thereof), Tribe, or territory receiving such a
grant shall submit to the Secretary, and make publicly
available on a publicly accessible Internet website of the
State (or political subdivisions thereof), Tribe, or territory,
the plan of the State (or political subdivisions thereof),
Tribe, or territory, with respect to the promotion of high-
quality recovery housing for individuals with a substance use
disorder located within the jurisdiction of such State (or
political subdivisions thereof), Tribe, or territory, and how
such plan is consistent with the best practices developed under
this section and guidelines developed under section 3 of the
Excellence in Recovery Housing Act.
``(3) Review of accrediting entities.--The Secretary shall
periodically review the accrediting entities providing
technical assistance pursuant to paragraph (1)(A).''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5),
as amended by sections 4, 5, and 6 is further amended by amending
subsection (j) (as redesignated by such section 4) to read as follows:
``(j) Authorization of Appropriations.--
``(1) In general.--To carry out this section, there is
authorized to be appropriated--
``(A) $2,000,000 for fiscal year 2021; and
``(B) $11,000,000 for each of fiscal years 2022
through 2026.
``(2) Reservations of funds.--The Secretary shall reserve--
``(A) not less than $1,000,000 to carry out
subsection (e) for each of fiscal years 2021 through
2026;
``(B) not less than $1,000,000 to carry out
subsection (f) for fiscal year 2021; and
``(C) not less than $10,000,000 to carry out
subsection (g) for each of fiscal years 2022 through
2026.''.
SEC. 8. REPUTABLE PROVIDERS AND ANALYSTS OF RECOVERY HOUSING SERVICES
DEFINITION.
Section 550(i) of the Public Health Service Act (42 U.S.C. 290ee-
5(i)), as redesignated by section 4, is amended by adding at the end
the following:
``(4) The term `reputable providers and analysts of
recovery housing services' means recovery housing service
providers and analysts that--
``(A) use evidence-based approaches;
``(B) act in accordance with guidelines issued by
the Assistant Secretary for Mental Health and Substance
Use;
``(C) have not been found guilty of health care
fraud by the Department of Justice; and
``(D) have not been found to have violated Federal,
State, or local codes of conduct with respect to
recovery housing for individuals with a substance use
disorder.''.
SEC. 9. TECHNICAL CORRECTION.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended--
(1) by redesignating section 550 (relating to Sobriety
Treatment and Recovery Teams) (42 U.S.C. 290ee-10), as added by
section 8214 of Public Law 115-271, as section 550A; and
(2) moving such section so it appears after section 550
(relating to National Recovery Housing Best Practices).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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