With Stroke Of Pen, Recovery Home Regulations Become Law

A new law will force many recovery homes to undergo state inspections.

Gov. Tom Wolf signed legislation – Senate Bill 446 – Tuesday that will give the Pennsylvania Department of Drug and Alcohol Programs (DDAP) regulatory authority to license or certify recovery homes on a voluntary basis. The legislation will take effect in six months.

The legislation was backed by Democratic State Rep. Tina Davis of Bristol Township and Republican State Rep. Frank Farry of Langhorne. It has come after years of political wrangling, research and talking with stakeholders.

The bill will require DDAP to put together a set of specific rules and regulations as outlined by the legislation. The specific regulations will be put together by DDAP with input from stakeholders over the coming months as the agency prepares to implement the rules. However, DDAP is awarded the flexibility in the law to design certain regulations based on their experience and input received.

The new legislation will require annual inspections of all recovery homes to obtain and maintain their certification and license. Only certified recovery homes will be able to receive state or federal funding of any kind. State or county courts must give consideration to certified recovery homes first when living recommendations are made for individuals under their supervision.

Certified recovery owners, operators and some employees will be required to undergo background checks. There will also be a ban on “self-dealing” to or from treatment centers and a complaint policy system established. Each home will have to keep updated policies for home maintenance, safety and for any medications inside. Homes will also have to notify the family of a resident if an overdose death occurs.

Under the new law, DDAP will be required to keep a registry of recovery homes.

Recovery homes that violate the regulations will be subject fines and could lose their license or certification.

Certification and licensing fees and fines levied against recovery homes will be placed in a DDAP fund to help pay for enforcement efforts.

There was an effort in previous legislation to have a staff member at each certified recovery home around the clock, but that provision did not make it in the final bill. Regulations about the criminal history of recovery home residents were also removed due to concerns over their legality due to established case law.

Findings from the all-volunteer Certification of Drug and Alcohol Recovery Houses Task Force, which was established in 2014, were used when crafting the law.

Currently, a Pennsylvania-wide tally of recovery homes does not exist. Consulting local officials and some recovery home owners, LevittownNow.com has estimated there are more than 100 recovery homes alone in Bristol Township with varying lesser numbers in surrounding municipalities.

The bill signed by the governor Tuesday contained portions of regulations drafted by a recovery home task force and various pieces of legislation proposed over the years. It was backed by State Sen. Tom McGarrigle, a Republican who represents Delaware and Chester counties, and supported by Davis and Farry.

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Wolf said the legislation will support recovery home residents and make sure the homes they staying at are “adhering to the highest standards so residents have peace of mind to focus on getting well.”

Farry said the law’s flexibility will aid DDAP with creating and enforcing policies that best help recovery homes residents and the community.

“This is not going to prevent a recovery home from coming next door … and this not going to prevent rogue recovery homes,” Farry said, adding it federal and case law prevents many restrictions from being put in place.

“I think this legislation will get a lot of these recovery homes to pursue these regulations and become better than they are now,” Farry said, adding the legislation reduces benefits for rogue or poorly-run recovery homes. 

Davis called the recovery homes a “critical issue” and said having them safe, secure and clean is important for those in recovery and the communities where the homes are located.

Acting DDAP Secretary Jennifer Smith was in Newtown Borough earlier this month and said the department would work to put regulations in place that help residents.

“Recovery homes can be a supportive, drug-and-alcohol-free environment for Pennsylvanians in recovery, but without proper oversight, they can also become unsafe,” Smith said in a statement. “I applaud the General Assembly for recognizing the need for oversight to ensure that we hold recovery homes that receive public funds or referrals from state, county, or federal agencies to the same standard as other treatment facilities. This law will protect some of our most vulnerable constituents at critical time in their recovery journey.”

While many residents in Bristol Township and Middletown have called for banning recovery homes in their neighborhoods, most recovery homes are protected by federal housing laws. Bristol Township, Falls and Middletown have all put local regulations on recovery homes in place.