HB 23-1204

House Bill 23-1204, also known as the Recovery Residence Discharge Policy, changes how recovery homes for people overcoming addiction are regulated in Colorado. Instead of being overseen by the Department of Public Health and Environment, these residences will now be managed by the Department of Health and Human Services. The bill requires recovery homes to have clear rules and plans for clients who might relapse or violate house policies, including procedures for transferring or discharging residents under specific circumstances. It also mandates that recovery homes provide support services and referrals when a client is discharged. This law was signed into effect by the governor on May 1, 2023, and will officially take action starting August 7, 2023.

Official Summary

The act transfers responsibility for regulating recovery residences from the department of public health and environment to the department of health and human services. Upon admission of a client to a recovery residence, the recovery residence must obtain a signed program agreement from the client regarding the requirements the client must meet to reside at the recovery residence. The residence must also create a relapse plan that must be implemented if the client returns to the use of alcohol or drugs. The act requires a recovery residence to implement a client discharge and transfer policy to discharge or transfer a client from a recovery residence in certain circumstances. The policy must be approved by the recovery residence's certifying body before a discharge or transfer may occur. A recovery residence may discharge or transfer a client with 24-hours' notice in certain circumstances and immediately discharge or transfer a client if the client is found in possession of alcohol or drugs. The act requires that prior to discharging a client from a recovery residence, the recovery residence shall provide the client with referrals to treatment or support services, alternative housing options, and recommendations for follow-up care. A recovery residence shall make its code of conduct, drug screening policy, and discharge and transfer policy accessible in all common areas of the residence and may not discriminate based on age, gender, race, or any other basis prohibited by law when determining whether to discharge or transfer a client. The act requires the certifying body to establish a grievance and appeal process for clients to use when they believe they have been wrongfully discharged or transferred from a recovery residence. The act allows a certified recovery residence or client that is adversely affected or aggrieved by a decision made by the certifying body to appeal the decision to the Colorado department of personnel and administration, office of administrative courts. APPROVED by Governor May 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

Related Legislation

Votes