[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5100 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5100

To amend the Public Health Service Act to authorize grants to States to 
  establish and operate recovery home certification programs, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2018

 Mr. Knight (for himself, Ms. Eshoo, Ms. Esty of Connecticut, Mr. Ryan 
 of Ohio, Ms. Tenney, Mr. MacArthur, Mr. Bilirakis, and Ms. Kuster of 
New Hampshire) introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to authorize grants to States to 
  establish and operate recovery home certification programs, 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 ``Recovery Home Certification Act of 
2018''.

SEC. 2. REDESIGNATION OF THE CENTER FOR SUBSTANCE ABUSE TREATMENT AS 
              THE CENTER FOR SUBSTANCE ABUSE TREATMENT AND RECOVERY.

    (a) Redesignation.--The Center for Substance Abuse Treatment is 
hereby renamed the ``Center for Substance Abuse Treatment and 
Recovery''.
    (b) Conforming Amendments.--Title V of the Public Health Service 
Act (42 U.S.C. 290aa et seq.) is amended--
            (1) in the heading of subpart 1 of part B, by striking 
        ``Center for Substance Abuse Treatment'' and inserting ``Center 
        for Substance Abuse Treatment and Recovery'';
            (2) in the heading of section 507, by striking ``center for 
        substance abuse treatment'' and inserting ``center for 
        substance abuse treatment and recovery'';
            (3) in the heading of subsection (a) of section 513, by 
        striking ``Center for Substance Abuse Treatment'' and inserting 
        ``Center for Substance Abuse Treatment and Recovery''; and
            (4) by striking ``Center for Substance Abuse Treatment'' 
        each place it appears and inserting ``Center for Substance 
        Abuse Treatment and Recovery''.
    (c) References.--Any references in statute, regulations, or other 
documents to the Center for Substance Abuse Treatment of the Substance 
Abuse and Mental Health Services Administration shall be treated as a 
reference to the Center for Substance Abuse Treatment and Recovery of 
such Administration.

SEC. 3. RECOVERY HOME CERTIFICATION AND GRANT PROGRAM.

    Subpart I of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb et seq.) is amended by adding at the end the following:

``SEC. 514C. RECOVERY HOME CERTIFICATION AND GRANT PROGRAM.

    ``(a) In General.--Subject to the requirements of this section, the 
Director of the Center shall establish model criteria for recovery 
homes and award grants to States that establish and operate recovery 
homes based on such model criteria.
    ``(b) Duties of Director.--The Director of the Center--
            ``(1) not later than 6 months after the date of enactment 
        of the Recovery Home Certification Act of 2018, shall establish 
        model criteria for the certification of recovery homes by 
        States, including criteria for--
                    ``(A) minimum staffing of recovery support 
                specialists and other staff;
                    ``(B) qualifications for employees;
                    ``(C) the presence of policies to support--
                            ``(i) a resident's recovery efforts; and
                            ``(ii) compliance with all applicable laws; 
                        and
                    ``(D) such other matters as the Director determines 
                to be necessary to ensure that recovery homes are 
                committed to effectively supporting recovery from drug 
                and alcohol addiction;
            ``(2) shall award grants to States to establish and operate 
        recovery home certification programs based on such model 
        criteria and to provide technical assistance to recovery homes 
        to help them meet certification standards; and
            ``(3) not later than 6 months after the date of enactment 
        of the Recovery Home Certification Act of 2018, shall issue or 
        produce recommendations for States to clarify and enforce 
        relationships between health care treatment providers, recovery 
        homes, and recovery support providers.
    ``(c) Definitions.--In this section:
            ``(1) The term `State' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
            ``(2) The term `recovery home' means a residential property 
        that is operated as a nonclinical cooperative living 
        arrangement to provide an alcohol- and drug-free environment 
        for individuals recovering from alcoholism or substance use 
        disorders who seek a living environment that supports personal 
        recovery.
    ``(d) Authorization of Appropriations.--Out of funds otherwise 
authorized to be made available to the Substance Abuse and Mental 
Health Services Administration, there are authorized to be appropriated 
to carry out this section $40,000,000 for each of fiscal years 2019 
through 2023. No additional funds are authorized to be appropriated to 
carry out this section.''.

SEC. 4. CRIMINAL PENALTIES.

    (a) In General.--Chapter 11 of title 18, United States Code, is 
amended by inserting after section 219 the following:
``Sec. 220. Unlawful payments for referrals to recovery homes and 
              clinical treatment facilities
    ``(a) In General.--Whoever, in or affecting interstate or foreign 
commerce, knowingly--
            ``(1) refers an individual with a substance use disorder to 
        a recovery home or clinical treatment facility in exchange for 
        any money or thing of value;
            ``(2) being a recovery home or clinical treatment facility, 
        or an officer or employee of a recovery home or clinical 
        treatment facility acting in the course of their employment, 
        pays any money or thing of value to--
                    ``(A) a person in exchange for the person referring 
                an individual with a substance use disorder to that 
                recovery home or clinical treatment facility; or
                    ``(B) an individual with a substance use disorder 
                in exchange for that individual using the services of 
                that recovery home or clinical treatment facility; or
            ``(3) being a clinical service provider, or an officer or 
        employee of a clinical service provider acting in the course of 
        their employment, pays any money or thing of value to a 
        recovery home or clinical treatment facility, or to an officer 
        or employee of a recovery home or clinical treatment facility, 
        in exchange for referring an individual with a substance use 
        disorder to a clinical service provider for clinical services,
shall be fined under this title, imprisoned not more than 5 years, or 
both.
    ``(b) Rule of Construction.--The prohibition under subsection 
(a)(2)(B) does not apply in the case of a recovery home or clinical 
treatment facility that charges different fees or rates for serving 
different categories of individuals.
    ``(c) Definitions.--In this section:
            ``(1) The term `recovery home' means a residential property 
        that is operated as a nonclinical cooperative living 
        arrangement to provide an alcohol- and drug-free environment 
        for individuals recovering from alcoholism or substance use 
        disorders who seek a living environment that supports personal 
        recovery.
            ``(2) The term `clinical treatment facility' means the 
        location of a medical practice that provides, manages, or 
        coordinates health care and related services under the 
        supervision of a licensed medical professional for individuals 
        recovering from alcoholism or substance use disorders.''.
    (b) Clerical Amendment.--The table of sections for chapter 11 of 
title 18, United States Code, is amended by inserting after the item 
related to section 219 the following:

``220. Unlawful payments for referrals to recovery homes and clinical 
                            treatment facilities.''.

SEC. 5. GAO STUDY.

    Not later than 18 months after the date of enactment of this Act, 
the Comptroller General of the United States shall conduct a study and 
submit to the Committee on Health, Labor, and Pensions of the Senate, 
and the Committee on Energy and Commerce of the House of 
Representatives a report, which shall include--
            (1) an analysis of best practices of State and local 
        governments in regulating, licensing, training, and setting 
        standards for recovery homes in States with certification 
        policies supported by Federal funding; and
            (2) recommendations, if any, on improving Federal oversight 
        of State and local regulations, licensure requirements, 
        training, and standards for recovery homes in States with 
        certification policies supported by Federal funding;
            (3) an analysis of enforcement activities conducted by the 
        Department of Justice to deter and penalize conduct prohibited 
        under section 220 of title 18, United States Code;
            (4) recommendations for improving the enforcement of 
        section 220 of title 18, United States Code; and
            (5) recommendations to address financial and legal 
        arrangements between recovery homes and clinical treatment 
        facilities (as such terms are defined under section 220 of 
        title 18, United States Code), and the effects of such 
        arrangements on patient care.
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