Certification of alcohol or other drug programs., the official text

An act to add Section 11832.26 to the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL'S DIGEST

Existing law grants the sole authority in state government to the State Department of Health Care Services to certify alcohol or other drug programs and to license adult alcohol or other drug recovery or treatment facilities. Existing law requires the department to adopt the American Society of Addiction Medicine (ASAM) treatment criteria, or an equivalent evidence-based standard, as the minimum standard of care for licensed facilities and requires a licensee to maintain those standards with respect to the level of care to be provided by the licensee.
This bill would similarly require the department to adopt the ASAM treatment criteria, or an equivalent evidence-based standard, as the minimum standard of care for alcohol or other drug programs certified by the department. The bill would also require certified programs to maintain those standards with respect to the level of care to be provided by the certified program.
The bill would authorize the department to implement these provisions by means of plan or provider bulletins or similar instructions until regulations are adopted and would require that regulations be adopted by January 1, 2027.

The people of the State of California do enact as follows:

SECTION 1.
(a) The Legislature finds and declares the following:
(1) Drug Medi-Cal organized delivery system (DMC-ODS) is a program for the organized delivery of substance use disorder (SUD) services to Medi-Cal-eligible individuals with SUD residing in a county that has elected to participate in the DMC-ODS program.
(2) Critical elements of DMC-ODS include providing a continuum of care modeled after the American Society of Addiction Medicine (ASAM) Criteria for SUD treatment services, increased local control and accountability, greater administrative oversight, creation of utilization controls to improve care and efficient use of resources, evidence-based practices in substance use treatment, and increased coordination with other systems of care.
(3) According to the State Department of Health Care Services, this approach provides Medi-Cal members with access to the care and system interaction needed in order to achieve sustainable recovery.
(b) It is the intent of the Legislature to assist all who seek SUD recovery in California to achieve sustainable recovery. Therefore, it is further the intent of the Legislature that all SUD programs certified by the State of California be required to meet or exceed ASAM standards and evidence-based practices.

SEC. 2.
Section 11832.26 is added to the Health and Safety Code, to read:
11832.26.
(a) The department shall adopt the American Society of Addiction Medicine treatment criteria, or an equivalent evidence-based standard, as the minimum standard of care for an alcohol or other drug program certified in accordance with this chapter. A certified program shall maintain those standards with respect to the level of care to be provided by the certified program.
(b) The department may implement, interpret, or make specific this section by means of plan or provider bulletins or similar instructions until regulations are adopted. The department shall adopt regulations by January 1, 2027.