(1) (a) As used in this section, "recovery residence", "sober living facility", or "sober home" means any premises, place, facility, or building that provides housing accommodation for individuals with a primary diagnosis of a substance use disorder that:
Is free from alcohol and nonprescribed or illicit drugs;
Promotes independent living and life skill development; and
Provides structured activities and recovery support services that are primarily intended to promote recovery from substance use disorders.
(b) "Recovery residence" does not include:
A private residence in which an individual related to the owner of the residence byblood, 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;
The supportive residential community for individuals who are homeless operatedunder 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;
A facility approved for residential treatment by the office of behavioral health in thedepartment of human services; or
Permanent supportive housing units incorporated into affordable housing developments.
A recovery residence may admit individuals who are receiving medication-assistedtreatment, 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.
Effective January 1, 2020, a person shall not operate a facility using the term "recovery residence", "sober living facility", "sober home", or a substantially similar term, and a licensed, registered, or certified health care provider or a licensed health facility shall not refer an individual in need of recovery support services to a facility, unless the facility:
Is certified by a recovery residence certifying body approved by the office of behavioral health in the department of human services as specified in subsection (4) of this section;
Is chartered by Oxford House or its successor organization;
Has been operating as a recovery residence in Colorado for thirty or more years as ofMay 23, 2019; or
Is a community-based organization that provides reentry services as described insection 17-33-101 (7).
The office of behavioral health in the department of human services shall, by rule,determine the requirements for a recovery residence certifying body seeking approval for purposes of subsection (3)(a) of this section, which rules must include a requirement that a recovery residence certifying body include a representative from the office on its board.
A recovery residence owner, employee, or administrator, or an individual related to arecovery 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:
For admission of a resident, except for state or federal contracts that specifically reimburse for resident fees;
From a treatment facility that is licensed or certified by the department of publichealth and environment for the treatment of substance use disorders; or
From a facility approved for residential treatment by the office of behavioral healthin 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.
Source: L. 2019: Entire section added, (HB 19-1009), ch. 274, p. 2587, § 2, effective May 23. L. 2020: (2) amended, (SB 20-007), ch. 286, p. 1390, § 4, effective July 13.