S2340

An Act concerning substance use disorder treatment programs and supplementing P.L.1970, c.334 (C.26:2G-21 et seq.).

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

1. a. Neither a licensed outpatient substance use disorder treatment program nor any owner, officer, or director of a licensed outpatient substance use disorder treatment program shall provide or receive any form of remuneration or anything of value for the referral of a person who is seeking treatment for a substance use disorder.

b. Notwithstanding the provisions of subsection a. of this section and section 1 of P.L.2021, c.31 (C.2C:40A-6), a licensed outpatient substance use disorder treatment program and its owners, officers, or directors may lease, manage, and own housing units, and may concurrently provide outpatient substance use disorder treatment services and offer housing units, as well as transportation between the treatment site and the housing units, to individuals in need of substance use disorder treatment and housing, provided that:

(1) the housing is provided under a separate contract from the treatment, and the housing contract states that the individual acknowledges a good faith responsibility to repay any discount or subsidy provided to the individual in connection with the housing;

(2) the individual receiving housing is advised that the receipt of housing and substance use disorder treatment services are not contingent on each other and may be received separately and independently; and

(3) the housing provided is operated in compliance with State and local laws relating to zoning and safety.

c. Nothing in this section shall be construed to prohibit a person, program, or entity from providing an individual with educational or informational materials about community resources, including, but not limited to, housing assistance.

2. The Commissioner of Human Services may promulgate rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to implement the provisions of this act.

3. This act shall take effect immediately.

STATEMENT

This bill authorizes licensed outpatient substance use disorder treatment programs (treatment programs) to offer housing to individuals receiving treatment from the program.

Specifically, the bill authorizes treatment programs to acquire housing units and concurrently provide both treatment services and housing, as well as transportation between treatment and housing, to individuals in need of both substance use disorder treatment and housing. The bill requires that the housing be provided under a separate contract from the treatment services, and that the housing contract expressly state that the individual acknowledges a good faith responsibility to repay any discounts or subsidies provided in connection with the housing. Additionally, the individual receiving the housing is to be advised that the receipt of housing and treatment services are not contingent on each other, and that each service may be received separately and independently. Any housing offered by a treatment program is to be operated in compliance with State and local laws relating to zoning and safety.

The bill specifies that treatment programs are otherwise prohibited from providing or receiving any form of remuneration or anything of value for the referral of a person who is seeking treatment for a substance use disorder. Doing so is currently a crime of the fourth degree, which is punishable by imprisonment for up to 18 months, a fine of up to $10,000, or both. The bill further specifies that nothing in its provisions is to be construed to prohibit a person, program, or entity from providing an individual with educational or informational materials about community resources, including, but not limited to, housing assistance.