222.502 Certification required for residences promoting recovery from substance

446 words·~2 min read·/ky/222-502

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

use disorder -- Exceptions.

(a)Effective July 1, 2024, no individual or entity shall, except as provided in

paragraph

(b)of this subsection and subsection

(2)of this section, establish,

operate, or maintain a recovery residence, recovery home, sober living

residence, alcohol, illicit drug, and other intoxicating substance-free home for

unrelated individuals, or any other similarly named or identified residence that

promotes substance use disorder recovery through abstinence from

intoxicating substances or represent, promote, advertise, or otherwise claim to

operate a recovery residence, recovery home, sober living residence, alcohol,

illicit drug, and other intoxicating substance-free home for unrelated

individuals, or any other similarly named or identified residence that promotes

substance use disorder recovery through abstinence from intoxicating

substances unless that individual or entity has:

1. Been certified by a certifying organization; and

2. Provided proof of certification by a certifying organization to the cabinet

in a form and manner prescribed by the cabinet.

(b)The provisions of this subsection shall not apply to:

1. A recovery residence that is recognized as a part of the Recovery

Kentucky Program administered by the Kentucky Housing Corporation;

2. A recovery residence that is:

a. Owned or operated by an entity that is exempt, in part or in whole,

pursuant to 42 U.S.C. sec. 3607 or 12187 from compliance with

the Americans with Disabilities Act, Pub. L. No. 101-336, or the

Fair Housing Act, Pub. L. No. 100-430; and

b. Affiliated with a religious institution that is organized under 26

U.S.C. sec. 501(c) for charitable religious purposes;

unless the recovery residence accepts Medicare or Medicaid funds.

(2)Notwithstanding subsection

(1)of this section:

(a)A recovery residence operating without certification from a certifying

organization on June 30, 2024, shall be permitted to continue to operate until

December 31, 2024, if, except as provided in paragraph

(c)of this subsection,

the recovery residence provides the cabinet with proof that it initiated a

certification process with a certifying organization prior to July 1, 2024;

(b)A recovery residence that seeks to begin operating after July 1, 2024, may be

permitted by the cabinet to operate for a period of not more than six

months if the recovery residence provides the cabinet with proof that it has

initiated a certification process with a certifying organization; and

(c)Notwithstanding paragraph

(a)of this subsection, a recovery residence that

provides on-site clinical services or access to on-site clinical services

operating without certification from a certifying organization on June 30,

2024, shall be permitted to continue operating after July 1, 2024, but shall be required to provide proof of certification by a certifying organization to the cabinet no later than December 31, 2024.