We have a little more than a month before the 2023 interim begins and legislative committees begin laying the groundwork for next year’s session, so I thought it would be helpful to take some time to discuss some of the legislation we passed into law this year. With more than 175 bills and resolutions signed into law, there are always big issues that get lots of attention. The most meaningful accomplishments do not always find their way to the headlines, but that does not diminish their impact. This week I wanted to take a deep dive into one of the bills that you may not have read about already. This measure, HB 248, regulates recovery residences and sober living homes and is a product of the newly formed House Families and Children Committee.
Substance abuse is one of the greatest issues facing our commonwealth. Very few of us have not been touched by substance abuse, whether we have seen a friend, family member, coworker, or neighbor battle it. And, addiction and abuse have implications on several our quality-of-life factors, including physical and mental health, job opportunities, education, and housing.
Recovery residences and sober living houses are imperative for the substance abuse recovery process; they offer a sense of community and accountability for those in recovery. Often, people leaving substance abuse treatment return to unstable environments with triggers that can cause a relapse. These recovery residences give individuals an option for a safe, drug and alcohol-free environment. Research shows that those who stay in these types of residences have higher rates of abstinence from substances. They have also been shown to reduce arrest rates, increase employment outcomes and improve mental health issues.
With the rise in these types of homes, there inevitably comes a need to set guardrails to prevent bad actors from taking advantage of people who need assistance while not providing the help they need. These bad actors offer a safe and clean environment for those in recovery. They do not always provide treatment services or even provide basic living necessities like meals and bed linens. With Kentucky seeing increasing drug use and overdose death rates, there must be safe and positive resources for those suffering from addiction. It is heartbreaking to see that some of these places take advantage of vulnerable people. This year, we passed HB 248, which provides guidelines for recovery residences that will lead to more consistent services across our commonwealth.
HB 248 establishes a certification requirement for recovery residences, sober living homes, or any similar type of drug-free residence. Before this legislation, these residences were not required to have any certification, but these types of homes in the state must submit proof of certification by July 1, 2024, to the Cabinet for Health and Family Services. The certification must be submitted to the cabinet from a credentialing agency like the Kentucky Recovery Housing Network, the National Alliance for Recovery Residences, and Oxford House.
If a residence is not certified with the law, the cabinet or local government where it operates may only shut down once it becomes compliant. The law requires the residences to ensure residents are abstaining from alcohol, illicit drugs, and other intoxicating substances. It also requires recovery residences to promote and verify residents participate in recovery support services like job training and peer counseling.
There is an exception to the law if a residence is affiliated with a religious institution located in the same county, though if the residence accepts Medicare or Medicaid, it will fall under the regulations in this law.
It will take time to implement the certification and regulatory requirements, so we will not begin to see the bill’s impact fully until the middle of 2024 or later. However, this is commonsense step in the right direction.
As always, I can be reached through the toll-free message line in Frankfort at 1-800-372-7181. Feel free to contact me via email at Amy.Neighbors@lrc.ky.gov. If you would like more information, please visit the legislature’s website at www.legislature.ky.gov.
