An act relating to recovery residence certification

The entire standalone section 18 V.S.A. 4812 (Recovery Residence Certification) is removed. This section had prescribed specific statutory requirements including NARR certification, person-centered care standards, health and safety compliance, 10-day advance notice for inspections, a detailed resident complaint process with appeals mechanism and published timeframes, non-transferable certification tied to specific premises, annual renewal attestation, and detailed annual data reporting (residents served, length of stay, exits/transfers, employment outcomes, budgetary needs).

The definition of when the exit/transfer provisions apply is clarified: the subsection now explicitly states it 'shall only apply to a recovery residence that' meets the statutory definition in 18 V.S.A. 4802 and is certified by an approved organization, rather than using a cross-reference formulation.

A new rulemaking section (Sec. 5) requires the Department of Health to file an initial proposed rule by September 1, 2027 and adopt a permanent rule by December 1, 2028. The rule must require compliance with Vermont Alliance for Recovery Residences certification standards and set forth data collection standards, reporting requirements including exit and transfer data, and annual Department reporting to the General Assembly measuring program effectiveness. A fee provision allows the Department to propose a fee to the General Assembly if needed to support the program.

Two new conditions are added to the exit/transfer provisions in 9 V.S.A. 4452(b)(1): (E) the recovery residence must provide written or electronic notice to the resident containing the date, rationale for removal or transfer, and options for returning; and (F) the recovery residence must have established a grievance process approved by the Vermont Alliance for Recovery Residences or another certifying organization approved by the Department of Health.

A new provision 9 V.S.A. 4452(b)(3) allows a recovery residence employee to enter the recovery residence at reasonable times as necessary to carry out functions related to its operation, notwithstanding section 4460 (which likely restricts entry).

Throughout the bill, the term 'substance abuser' is replaced with 'individual with substance use disorder,' and 'his or her' is changed to 'the individual's.' In the exit/transfer provisions, 'commits a crime' is changed to 'being charged with a criminal offense,' 'regularly refuses' is changed to 'repeatedly refusing,' and 'stabilization bed' is changed to 'stabilization re-engagement bed.'

The entire standalone certification section (18 V.S.A. 4812) was removed. This section had specified detailed certification standards including NARR certification, 10-day inspection notice, a specific complaint process with published timeframes, annual attestation for renewal, and detailed annual data reporting to the Department and legislative committees. These specifics are now deferred to rulemaking.

The rulemaking section now requires the Department to include 'requirements for annual reporting from the Department to the General Assembly that measure the program's effectiveness' in its rules, adding a legislative accountability mechanism not present in the Senate version.

Exit and transfer conditions were strengthened: 'commits a crime' was changed to 'is charged with a criminal offense'; 'regularly refuses' became 'repeatedly refusing'; 'mentally or physically interfering' became 'materially interfering'; and 'volunteers' were added to the list of persons whose health and safety is protected.

Two new conditions were added for immediate exit or transfer: (E) the residence must provide written or electronic notice to the resident containing the date, rationale, and options for returning; and (F) the residence must have established a grievance process approved by the Vermont Alliance for Recovery Residences or another certifying organization.

A new subsection allows a recovery residence employee to enter the residence at reasonable times as necessary to carry out operational functions, notwithstanding section 4460 of the landlord-tenant chapter.

A new subsection (c) requires that if the Department identifies the need for a fee to support the certification program, it must first propose the fee to the General Assembly and may only incorporate it into the rule if the legislature enacts it into law.

The term 'substance abuser' was renamed to 'individual with substance use disorder' throughout the chapter, and references to 'substance abusers' in other definitions were updated to 'individuals with substance use disorder,' adopting person-first language.

The definition of 'recovery residence' in the exclusions section (9 V.S.A. 4452) now cross-references 18 V.S.A. 4802 rather than restating the definition independently, ensuring a single authoritative definition.

New 18 V.S.A. section 4812 creates a standalone voluntary certification program for recovery residences, requiring certification through the Vermont affiliate of the National Alliance for Recovery Residences or another Department-approved organization, compliance with health/safety/sanitation standards, submission to inspections with 10-day notice, and adherence to 9 V.S.A. chapter 137.

Certified recovery residences must maintain a resident complaint process including: a method for informing residents of the procedure, an internal appeals mechanism, published timeframes for resolving complaints and appeals, and periodic reporting of complaints and actions taken to the Department of Health.

Added 'mentally or physically' before 'interfering with the recovery of other residents' in the exit/transfer provisions, making explicit that both mental and physical interference qualify as grounds for removal.

Annual data reporting is required: each certified residence must report by January 1 on residents served, average length of stay, exits/transfers with reasons, employment gains or losses, budgetary needs, and other information. The Department must submit an aggregated report to the House Human Services Committee and Senate Health and Welfare Committee by February 1.

The grounds for immediate exit or transfer of a resident were narrowed: 'is charged with a criminal offense' was changed to 'commits a crime,' meaning a residence can no longer exit a resident based solely on being charged - an actual commission of the offense is now required.

Removed 'or volunteers' from the violence-threat provision in some instances, narrowing who is protected under that specific clause. Also changed 'the recovery residence's program rules and social standards' to 'program rules and expected residential social standards.'

The entire detailed statutory certification framework (18 V.S.A. section 4812) was removed, including specific minimum standards for NARR or equivalent certification, health and safety compliance requirements, 10-day prior notice for inspections, a mandatory complaint process with appeals mechanism and published timeframes, transferability restrictions, annual renewal attestation requirements, and detailed data reporting obligations with specific metrics (residents served, length of stay, employment outcomes, budgetary needs).

Recovery residences added as a new service responsibility (item 5) under the Division of Substance Use Programs in 18 V.S.A. section 4806, placing them within the Department of Health's existing organizational structure.

New definitions added to 18 V.S.A. section 4802: 'Recovery residence' defined as a shared living residence providing peer support, assistance accessing support services, and community resources; and 'Secretary' defined as the Secretary of Human Services or designee.

In the housing exclusions provision (9 V.S.A. section 4452), 'commits a crime' was changed to 'is charged with a criminal offense,' and 'mentally or physically interfering' was simplified to just 'interferes.' The term 'volunteers' was added alongside 'staff' in multiple places, extending protections to volunteer workers.

New provision added stating that relapse of a substance use disorder resulting in exiting a recovery residence shall not be deemed a cause of the resident's own homelessness for purposes of obtaining emergency housing. This protects residents from being classified as self-caused homeless after a relapse-related exit.

New provision added requiring that a recovery residence's substance use policy must exempt the use of a resident's valid prescription medication when used as prescribed, protecting residents who take prescribed medications.

New rulemaking timeline: Department of Health must file an initial proposed rule by September 1, 2027, and complete permanent rule adoption by December 1, 2028. The rule must require compliance with Vermont Alliance for Recovery Residences or another approved organization's certification standards and set forth data collection and reporting requirements including annual reporting to the General Assembly measuring program effectiveness.

New fee provision: if the Department identifies a need for a fee to support the voluntary certification program, it must first propose the fee to the General Assembly, which may then enact it into law for incorporation into the rule. This prevents the Department from unilaterally imposing fees.