(1) As
used in this section:
(a) Certifying body means the body that certifies a recovery residence
approved by the behavioral health administration in the department of human
services pursuant to section 27-80-122.
(b) (I) Recovery residence means any premises, place, facility, or building
that provides housing accommodation for individuals with a primary diagnosis of a
substance use disorder that:
(A) Is free from alcohol and nonprescribed or illicit drugs;
(B) Promotes independent living and life skill development; and
(C) Provides structured activities and recovery support services that are
primarily intended to promote recovery from substance use disorders.
(II) Recovery residence does not include:
(A) A private residence in which an individual related to the owner of the
residence by blood, adoption, or marriage is required to abstain from substance use
or receive behavioral health services for a substance use disorder as a condition of
residing in the residence;
(B) The supportive residential community for individuals who are homeless
operated under section 24-32-724 at the Fort Lyon property for the purpose of
providing substance abuse supportive services, medical care, job training, and skill
development for the residents;
(C) A facility approved for residential treatment by the behavioral health
administration in the department of human services; or
(D) Permanent supportive housing units incorporated into affordable housing
developments.
(2) A recovery residence may admit individuals who are receiving
medication-assisted treatment, including agonist treatment, for substance use
disorders; except that a recovery residence receiving state money or providing
services that are paid for through state programs shall not deny admission to
persons who are participating in prescribed medication-assisted treatment, as
defined in section 23-21-803, for a substance use disorder.
(3) (a) A person shall not operate a recovery residence or a substantially
similar facility, and a licensed, registered, or certified health-care provider; a
managed care entity, as defined in section 25.5-5-802 (5); a managed care
organization, as defined in section 25.5-5-403 (5); or a licensed health facility shall
not refer an individual to a recovery residence, unless the residence:
(I) Is certified by a certifying body as specified in subsection (4) of this
section;
(II) Is chartered by Oxford House or its successor organization; or
(III) Has been operating as a recovery residence in Colorado for thirty or
more years as of May 23, 2019.
(b) If a person is operating a recovery residence or a substantially similar
facility in violation of subsection (3)(a) of this section, the behavioral health
administration shall send the facility a cease-and-desist letter.
(4) The behavioral health administration shall, by rule, determine the
requirements for a certifying body seeking approval for purposes of subsection
(3)(a)(I) of this section, which rules must include a requirement that a certifying
body include a representative from the behavioral health administration on its
board.
(5) A recovery residence owner, employee, or administrator, or an individual
related to a recovery residence owner, employee, or administrator, shall not directly
or indirectly:
(a) Solicit, accept, or receive a commission, payment, trade, fee, or anything
of monetary or material value, excluding the supportive services required to place
the resident:
(I) For admission of a resident, except for state or federal contracts that
specifically reimburse for resident fees;
(II) From a treatment facility that is licensed or certified by the department
of public health and environment for the treatment of substance use disorders; or
(III) From a facility approved for residential treatment by the behavioral
health administration in the department of human services;
(b) Solicit, accept, or receive a commission, payment, trade, fee, or anything
of monetary or material value from a toxicology laboratory that provides
confirmation testing or point-of-care testing for residents.
(6) A recovery residence shall have the following in place for each client at
the time an individual becomes a client of the recovery residence:
(a) A signed program agreement between the recovery residence and the
client that outlines the requirements the client must follow to reside at the recovery
residence; the drug screening policy; and the recovery residence's code of conduct
that prohibits the use of alcohol, nonprescribed drugs, and illicit drugs; and notice
of immediate discharge for possession of alcohol, nonprescription drugs, or illicit
drugs in the recovery residence; and
(b) A relapse plan that must be implemented if the client returns to the use
of alcohol, nonprescribed drugs, or illicit drugs. The relapse plan must outline steps
that must be taken to evaluate and address the client's return to use and to allow
the client to remain in the recovery residence after a relapse has occurred, if
possible. The recovery residence must provide notification to the client if the
client's relapse plan has failed.
(7) (a) Recovery residence staff shall develop a client discharge and transfer
policy and submit it for approval to its certifying body. Recovery residence staff
shall implement a client discharge and transfer policy that is approved by the
certifying body. After the certifying body approves the recovery residence's client
discharge and transfer policy, the recovery residence staff may discharge or
transfer a client with twenty-four hours' notice if the relapse plan has failed,
according to the policy, in any of the following circumstances:
(I) The discharge or transfer is necessary for the safety of the client because
the recovery residence is unable to meet the needs of the client; or
(II) If the client returns to the use of alcohol, nonprescription drugs, or illicit
drugs.
(b) Recovery residence staff may immediately discharge or transfer a client,
according to the policy, if the client is in possession of alcohol, nonprescription
drugs, or illicit drugs in the recovery residence.
(c) If a client is unable or no longer wishes to reside in a recovery residence,
or is discharged or transferred from a recovery residence, prior to the client
vacating the recovery residence, the recovery residence staff shall:
(I) Document in the client's record detailed information regarding the basis
for the discharge or transfer;
(II) Provide the client with a referral to treatment services or other recovery
support services;
(III) Provide the client with a referral to appropriate services if the client is
discharged without food, housing, or economic security, if such services exist in the
community; and
(IV) Provide the client with the phone number to contact the 988 crisis
hotline operated pursuant to section 27-64-103, information on the availability of
peer support services, and information about the behavioral health services
directory provided by the behavioral health administration.
(d) Recovery residence staff shall document in the client's record any
referrals provided to the client pursuant to subsection (7)(c) of this section. If the
client refuses to accept the discharge or transfer, the recovery residence staff shall
document the refusal in the client's record.
(e) The recovery residence shall, at a minimum, attempt to follow up with the
client's designated emergency contact at the time of discharge. The recovery
residence is encouraged to utilize peer support professionals, as defined in section
27-60-108, when performing follow-up care with clients. A recovery residence may
facilitate follow-up care through contacts with community-based providers or the
988 crisis hotline operated pursuant to section 27-64-103.
(8) The certifying body shall establish a fair and accessible grievance and
appeal process for clients to appeal a discharge or transfer decision made by a
recovery residence. The grievance and appeal process must, at a minimum:
(a) Require written documentation of the grievance within one week of
receiving the grievance if the grievance is received verbally; and
(b) Provide the client with a decision not later than seventy-two hours after
the date the client submits a grievance or appeal.
(9) The recovery residence shall provide a client who is discharged or
transferred with a written notice indicating the reason for discharge, treatment
referrals, and referrals for other services the client is receiving. The written notice
must outline the client's right to appeal the discharge or transfer, the timeline
required for an appeal, and how to submit an appeal.
(10) Any certified recovery residence or client adversely affected or
aggrieved by a decision made by the certifying body pursuant to this section has
the right to appeal to the Colorado department of personnel and administration,
office of administrative courts and may subsequently seek judicial review of the
certifying body's action.
(11) A recovery residence shall make the recovery residence's code of
conduct, drug screening policy, and discharge and transfer policy accessible in all
common areas of the recovery residence.
(12) The recovery residence shall not consider age, gender, disability, race,
color, ancestry, citizenship, pregnancy, sexual orientation, gender identity or
expression, national origin, medical condition, marital status, veteran status,
payment source or ability, or any other basis prohibited by federal, state, or local
law when determining whether to discharge or transfer a client.