Sober Living: Arizona state lawmakers looking at new laws to address oversight

PHOENIX - We have reported, on numerous occasions, a scheme that keeps victims in unlicensed sober living homes without providing any real services, only to profit off the state’s Medicaid agency.

Now, two bills in the Arizona State Senate aim to address the lack of oversight within the state’s sober living system.

The two bills are known as Senate Bill 1361 and Senate Bill 1655. Both bills were discussed during a House and Human Services Committee meeting on March 21.

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SB1361

SB1361 is sponsored by State Senator Frank Carroll (R-District 28). The bill would redefine the term ‘sober living home’ as a house for two or more people getting treatment, in recovery from alcohol or drug abuse. The Department of Health would also have to investigate a complaint of an unlicensed home within 30 days.

While there was some opposition during the committee meeting, the bill did pass out of the committee in a six-to-four vote.

SB1655

SB1655 is sponsored by State Sen. Theresa Hatathlie (D-District 6). She pushed for her bill earlier in the day outside the State Capitol, supported by colleagues on both sides of the aisle and dignitaries of the Navajo Nation.

"We cannot continue to allow criminals to come here and take advantage of our people," said State Sen. Hatathlie.

If the bill becomes law, licensed ‘behavioral health entities’ that are out of compliance can be fined $5,000 to $10,000. The bill would also require sober living homes to have ratio of two paid staff members to monitor six residents, on site 24 hours, seven days a week.

State Sen. Hatathlie says her bill addresses loopholes in the behavioral health system, and would subject unlicensed sober living homes to a class six felony.

The Democratic state senator also said that fraudulent behavioral health facilities have taken an estimated $2.8 billion from the Arizona Health Care Cost Containment System, the state’s Medicaid agency that oversees the American Indian Health Plan, and that people have died under the supervision of sober living homes, where families say loved ones were neglected.

"There is a consideration for the egregious crimes, repeated crimes that happen, and also to hold them accountable for a reporting standpoint that they have a six-hour window to report a death or an overdose," said State Sen. Hatathlie.

Ultimately, the bill failed to pass out of committee.

Other bills proposed

State lawmaker Matt Gress (R-District 4) has his own bill – HB2317 – which also addresses the same issues which passed out of the house.

Meanwhile, there’s also been a call to action by treatment centers and operators claiming to be legitimate, who say the bills mentioned will hurt licensed sober living homes. These groups want their input taken, as the legislature moves forward.