C.R.S. Section 27-80-129
Regulation of recovery residences

  • rules
  • definitions

(1)

As used in this section:

(a)

“Certifying body” means the body that certifies a recovery residence approved by the behavioral health administration in the department of human services pursuant to section 27-80-122.

(b)

Intentionally left blank —Ed.

(I)

“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:

(A)

Is free from alcohol and nonprescribed or illicit drugs;

(B)

Promotes independent living and life skill development; and

(C)

Provides structured activities and recovery support services that are primarily intended to promote recovery from substance use disorders.

(II)

“Recovery residence” does not include:

(A)

A private residence in which an individual related to the owner of the residence by blood, 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;

(B)

The supportive residential community for individuals who are homeless operated under 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;

(C)

A facility approved for residential treatment by the behavioral health administration in the department of human services; or

(D)

Permanent supportive housing units incorporated into affordable housing developments.

(2)

A recovery residence may admit individuals who are receiving medication-assisted treatment, 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.

(3)

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:

(a)

Is certified by a certifying body as specified in subsection (4) of this section;

(b)

Is chartered by Oxford House or its successor organization;

(c)

Has been operating as a recovery residence in Colorado for thirty or more years as of May 23, 2019; or

(d)

Is a community-based organization that provides reentry services as described in section 17-33-101 (7).

(4)

The behavioral health administration in the department of human services shall, by rule, determine the requirements for a certifying body seeking approval for purposes of subsection (3)(a) of this section, which rules must include a requirement that a certifying body include a representative from the behavioral health administration on its board.

(5)

A recovery residence owner, employee, or administrator, or an individual related to a recovery 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:

(I)

For admission of a resident, except for state or federal contracts that specifically reimburse for resident fees;

(II)

From a treatment facility that is licensed or certified by the department of public health and environment for the treatment of substance use disorders; or

(III)

From a facility approved for residential treatment by the behavioral health administration in 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.

(6)

A recovery residence shall have the following in place for each client at the time an individual becomes a client of the recovery residence:

(a)

A signed program agreement between the recovery residence and the client that outlines the requirements the client must follow to reside at the recovery residence; the drug screening policy; and the recovery residence’s code of conduct that prohibits the use of alcohol, nonprescribed drugs, and illicit drugs; and notice of immediate discharge for possession of alcohol, nonprescription drugs, or illicit drugs in the recovery residence; and

(b)

A relapse plan that must be implemented if the client returns to the use of alcohol, nonprescribed drugs, or illicit drugs. The relapse plan must outline steps that must be taken to evaluate and address the client’s return to use and to allow the client to remain in the recovery residence after a relapse has occurred, if possible. The recovery residence must provide notification to the client if the client’s relapse plan has failed.

(7)

Intentionally left blank —Ed.

(a)

Recovery residence staff shall develop a client discharge and transfer policy and submit it for approval to its certifying body. Recovery residence staff shall implement a client discharge and transfer policy that is approved by the certifying body. After the certifying body approves the recovery residence’s client discharge and transfer policy, the recovery residence staff may discharge or transfer a client with twenty-four hours’ notice if the relapse plan has failed, according to the policy, in any of the following circumstances:

(I)

The discharge or transfer is necessary for the safety of the client because the recovery residence is unable to meet the needs of the client; or

(II)

If the client returns to the use of alcohol, nonprescription drugs, or illicit drugs.

(b)

Recovery residence staff may immediately discharge or transfer a client, according to the policy, if the client is in possession of alcohol, nonprescription drugs, or illicit drugs in the recovery residence.

(c)

If a client is unable or no longer wishes to reside in a recovery residence, or is discharged or transferred from a recovery residence, prior to the client vacating the recovery residence, the recovery residence staff shall:

(I)

Document in the client’s record detailed information regarding the basis for the discharge or transfer;

(II)

Provide the client with a referral to treatment services or other recovery support services;

(III)

Provide the client with a referral to appropriate services if the client is discharged without food, housing, or economic security, if such services exist in the community; and

(IV)

Provide the client with the phone number to contact the Colorado crisis services hotline, information on the availability of peer support services, and information about the behavioral health services directory provided by the behavioral health administration.

(d)

Recovery residence staff shall document in the client’s record any referrals provided to the client pursuant to subsection (7)(c) of this section. If the client refuses to accept the discharge or transfer, the recovery residence staff shall document the refusal in the client’s record.

(e)

The recovery residence shall, at a minimum, attempt to follow up with the client’s designated emergency contact at the time of discharge. The recovery residence is encouraged to utilize peer support professionals, as defined in section 27-60-108, when performing follow-up care with clients. a recovery residence may facilitate follow-up care through contacts with community-based providers or the Colorado crisis hotline.

(8)

The certifying body shall establish a fair and accessible grievance and appeal process for clients to appeal a discharge or transfer decision made by a recovery residence. The grievance and appeal process must, at a minimum:

(a)

Require written documentation of the grievance within one week of receiving the grievance if the grievance is received verbally; and

(b)

Provide the client with a decision not later than seventy-two hours after the date the client submits a grievance or appeal.

(9)

The recovery residence shall provide a client who is discharged or transferred with a written notice indicating the reason for discharge, treatment referrals, and referrals for other services the client is receiving. The written notice must outline the client’s right to appeal the discharge or transfer, the timeline required for an appeal, and how to submit an appeal.

(10)

Any certified recovery residence or client adversely affected or aggrieved by a decision made by the certifying body pursuant to this section has the right to appeal to the Colorado department of personnel and administration, office of administrative courts and may subsequently seek judicial review of the certifying body’s action.

(11)

A recovery residence shall make the recovery residence’s code of conduct, drug screening policy, and discharge and transfer policy accessible in all common areas of the recovery residence.

(12)

The recovery residence shall not consider age, gender, disability, race, color, ancestry, citizenship, pregnancy, sexual orientation, gender identity or expression, national origin, medical condition, marital status, veteran status, payment source or ability, or any other basis prohibited by federal, state, or local law when determining whether to discharge or transfer a client.

Source: Section 27-80-129 — Regulation of recovery residences - rules - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-27.­pdf (accessed Oct. 20, 2023).

27‑80‑101
Definitions 27‑80‑102
Duties of the behavioral health administration 27‑80‑103
Grants for public programs 27‑80‑104
Cancellation of grants 27‑80‑105
Annual distribution of funds 27‑80‑106
Purchase of prevention and treatment services 27‑80‑107
Designation of managed service organizations - purchase of services - revocation of designation 27‑80‑107.5
Increasing access to effective substance use disorder services act - managed service organizations - substance use disorder services - assessment - community action plan - allocations - reporting requirements - evaluation 27‑80‑107.7
Increase synthetic opiate treatment - report 27‑80‑107.8
Withdrawal management and crisis service expansion - appropriation 27‑80‑108
Rules 27‑80‑109
Coordination of state and federal funds and programs 27‑80‑111
Counselor training - fund created - rules 27‑80‑112
Legislative declaration - treatment program for high-risk pregnant women - creation 27‑80‑113
Substance use and addiction counseling and treatment - necessary components 27‑80‑114
Treatment program for high-risk pregnant and parenting women - cooperation with organizations 27‑80‑115
Treatment program for high-risk pregnant and parenting women - data collection 27‑80‑116
Fetal alcohol spectrum disorders - legislative declaration - health warning signs 27‑80‑117
Rural alcohol and substance abuse prevention and treatment program - creation - administration - cash fund - definitions - repeal 27‑80‑118
Center for research into substance use disorder prevention, treatment, and recovery support strategies - established - appropriation - legislative declaration 27‑80‑120
Building substance use disorder treatment capacity in underserved communities - grant program 27‑80‑121
Perinatal substance use data linkage project - center for research into substance use disorder prevention, treatment, and recovery support strategies - report 27‑80‑122
Recovery residence certifying body - competitive selection process - appropriation 27‑80‑123
High-risk families cash fund - creation - services provided - report - definition 27‑80‑125
Housing assistance for individuals with a substance use disorder - report - rules - appropriation 27‑80‑126
Recovery support services grant program - creation - eligibility - reporting requirements - appropriation - rules - definitions 27‑80‑127
Children and youth in need of residential mental health and substance use treatment - repeal 27‑80‑128
Fentanyl education and treatment program 27‑80‑129
Regulation of recovery residences - rules - definitions 27‑80‑201
Short title 27‑80‑202
Legislative declaration 27‑80‑203
Definitions 27‑80‑204
License required - controlled substances - repeal 27‑80‑205
Issuance of license - fees 27‑80‑206
Controlled substances program fund - disposition of fees 27‑80‑207
Qualifications for license 27‑80‑208
Denial, revocation, or suspension of license - other disciplinary actions - notice 27‑80‑209
Exemptions 27‑80‑210
Records to be kept - order forms 27‑80‑211
Enforcement and cooperation 27‑80‑212
Records confidential 27‑80‑213
Rules - policies 27‑80‑214
Defenses 27‑80‑215
Central registry - registration required - notice - repeal 27‑80‑216
Policy verifying identity 27‑80‑301
Short title 27‑80‑302
Definitions 27‑80‑303
Office of ombudsman for behavioral health access to care - creation - appointment of ombudsman - duties 27‑80‑304
Liaisons - department - commissioner of insurance 27‑80‑305
Qualified immunity 27‑80‑306
Annual report
Green check means up to date. Up to date

Current through Fall 2024

§ 27-80-129’s source at colorado​.gov