Addiction treatment referrals: payment: penalties and enforcement.

Existing law provides for the licensure and regulation by the State Department of Health Care Services of adult alcoholism and drug abuse recovery and treatment facilities, and authorizes the department to enforce those provisions. The department also requires that an individual providing counseling services working within an alcoholism or drug abuse recovery and treatment program be registered with or certified by a certifying organization approved by the department to register and certify counselors. Existing law also requires the department to develop standards and regulations for alcohol and other drug treatment recovery services describing the minimal level of service quality required of the service providers to qualify for and obtain state certification. This bill would prohibit certain persons, programs, or entities, including an alcoholism or drug abuse recovery and treatment facility and persons employed by, or working for, that facility, from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. A violation of these provisions would be a misdemeanor and would also be punishable by a fine not exceeding $2,500 per violation. The bill would authorize the department to investigate and take specified disciplinary action against those persons or programs for violating those prohibitions. Because a violation of the above-described provisions would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.