A3978

An Act establishing the “Substance Use Disorder and Addiction Treatment Best Practices Task Force.”

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that:

a. More than 43 million people annually in the United States need treatment for their dependence on illicit drugs or alcohol.

b. Over the past several years, the State of New Jersey has spent unprecedented amounts of government funds to battle addiction and the ongoing opioid epidemic through a wide range of programs, including expanding access to prevention, treatment, and recovery services. These programs offer interventions for those grappling with crippling addictions to painkillers, alcohol, and other substances.

c. Countless New Jersey residents and their families have benefitted from government-funded services focused on addiction intervention services and efforts such as increasing the availability of overdose reversal medications.

d. Substance use disorder services and addiction services in the State have overlapping initiatives that aim to address similar health concerns. Addiction is the most severe form of a full spectrum of substance use disorders, and is a medical illness caused by repeated misuse of a substance or substances. Addiction is considered a complex brain disorder and a mental illness.

e. In New Jersey, multiple government bodies oversee separate components of the substance use disorder and addiction industry including the businesses and professionals that operate in it.

f. Currently, the Department of Health licenses treatment centers, the Department of Community Affairs inspects and licenses sober homes, and the Division of Human Services is responsible for community-based mental health and addiction services.

g. The current statutory framework established to regulate and ensure functionality of the substance use disorder system of care is fragmented and lacks coordination. The fragmentation and lack of coordination has caused inefficiencies in the substance use disorder and addiction system of care in the State.

h. An investigation conducted by the State Commission of Investigation (SCI) revealed a need for State level regulatory interventions that focus on protecting individuals in New Jersey seeking addiction treatment services from being victimized. During the investigation fraudulent and unethical conduct were found at every stage of the addiction recovery process. The investigation revealed routine and corrupt practices taking place by the professionals, owners, and operators of addiction-related businesses

in New Jersey that focused primarily on profit-making instead of the well-being of their clients.

i. Current State laws and regulations need to be updated to meet the needs of the modern day addiction treatment industry in New Jersey in order to effectively respond to fraudulent and unethical behaviors and maintain the wellbeing of the individuals seeking addiction treatment services.

j. The investigation conducted by SCI also revealed that personnel working in government departments that oversee the substance use disorder and addiction services, as well as municipal offices and county agencies, are oftentimes unsure of where to direct substance use disorder and addiction related problems or complaints due to the State’s fragmented substance use disorder and addiction services industry structure.

k. To remedy this concern, the SCI investigation report recommends creating a task force, comprised of industry professionals, government and healthcare representatives, patient advocates, and other interested parties to study whether a single government body from one that already exists or a newly created agency should oversee the State’s addiction industry. At a minimum, if the panel decides the current oversight structure should remain, it should develop strategies and recommendations to improve the current system by enabling the State’s government to better communicate and work cooperatively.

2. As used in this act:

“Sober home” means a cooperative sober living residence or a residential setting that serves solely as a home for individuals who are recovering from drug or alcohol addiction and is intended to provide an environment where the residents can support each other’s sobriety and recovery.

3. a. There is established in the Department of Health, the “Substance Use Disorder and Addiction Treatment Best Practices Task Force.” The purpose of this task force shall be to:

(1) determine whether an existing government body or a new agency should be established to oversee the substance use disorder system of care;

(2) make recommendations on how to improve the current substance use disorder system of care;

(3) develop and implement best practices for owners and operators of outpatient treatment centers and sober homes; and

(4) make recommendations on how the State should regulate dual ownership of outpatient treatment centers and sober homes.

b. The task force shall consist of 12 members as follows:

(1) one member of the General Assembly, appointed by the Speaker of the General Assembly, who shall serve as co-chairperson;

(2) one member of the General Assembly, appointed by the Assembly Minority Leader;

(3) one member of the Senate, appointed by the President of the Senate, who shall serve as co-chairperson;

(4) one member of the Senate, appointed by the Senate Minority Leader;

(5) the Commissioner of Health or the commissioner’s designee, who shall serve ex officio;

(6) the Director of the Division of Mental Health and Addiction Services (DMHAS) or the director’s designee, who shall serve ex officio; and

(7) six public members, who shall be appointed by the Governor, as follows: one peer recovery specialist, certified by the Addiction Professionals Certification Board of New Jersey; one peer recovery support specialist, certified by the Association for Addiction Professionals; one member who is in a management position at an outpatient treatment center; one member who is in a management position at a sober home; one member who is the owner of an outpatient treatment center; and one member who is the owner of sober home. Vacancies in the membership of the task force shall be filled in the same manner provided for the original appointments.

c. The members of this task force shall be appointed within 60 days after the effective date of this act. The task force shall organize as soon as practicable following the appointment of its members.

d. The task force will meet regularly as the task force determines, or at the call of a majority of the task force’s membership.

e. All meetings of the task force shall be open to the public. Agendas, minutes, documents, and testimony from all meetings shall be posted on the Department of Health’s website.

f. The public members shall serve without compensation.

g. The Department of Health shall provide stenographic, clerical, and other administrative assistants and professional staff as the task force requires to carry out its work. The task force shall be entitled to call to its assistance services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as the task force may require and as may be available for the task force’s purposes.

4. The task force shall present a report of its findings and recommendations to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature no later than two years after the organization of the task force.

5. This act shall take effect immediately, and the task force shall expire 30 days after the issuance of its report.

STATEMENT

This bill establishes the “Substance Use Disorder and Addiction Treatment Best Practices Task Force.” The purpose of the task force is to:

1) determine whether an existing government body or a new agency should be established to oversee the substance use disorder system of care;

2) make recommendations on how to improve the current substance use disorder system of care;

3) develop and implement best practices for owners and operators of outpatient treatment centers and sober homes; and

4) make recommendations on how the State should regulate dual ownership of outpatient treatment centers and sober homes.

The task force is to consist of 12 members as follows: one member of the General Assembly, appointed by the Speaker of the General Assembly, who is to serve as co-chairperson; one member of the General Assembly, appointed by the Assembly Minority Leader; one member of the Senate, appointed by the President of the Senate, who is to serve as co-chairperson; one member of the Senate, appointed by the Senate Minority Leader; the Commissioner of Health or the commissioner’s designee, who is to serve ex officio; the Director of the Division of Mental Health and Addiction Services (DMHAS) or the director’s designee, who is to serve ex officio; and six public members, who are to be appointed by the Governor, as follows: one peer recovery specialist, certified by the Addiction Professionals Certification Board of New Jersey; one peer recovery support specialist, certified by the Association for Addiction Professionals; one member who is in a management position at an outpatient treatment center; one member who is in a management position at a sober home; one member who is the owner of an outpatient treatment center; and one member who is the owner of sober home.

The task force will present a report of its findings to the Governor and to the Legislature no later than two years after the organization of the task force. The task force will expire 30 days after the issuance of its report.