Alcoholism or drug abuse recovery and treatment services: referrals.

(1) Existing law provides for the licensure and regulation of alcoholism or drug abuse recovery or treatment facilities serving adults by the State Department of Health Care Services, and provides for the certification of alcohol and other drug treatment recovery services. Existing law prohibits specified persons, programs, or entities, including a partner or shareholder who holds an interest of at least 10% in a licensed alcoholism or drug abuse recovery and treatment facility or a certified alcohol or other drug program, 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. Existing law authorizes the department to investigate allegations of violations of these requirements, and, upon finding a violation of these requirements, authorizes the department to take specified actions against the alcoholism or drug abuse recovery or treatment facility, including suspending or revoking the facility license. This bill would make a willful violation of this prohibition against referrals for remuneration a crime, punishable by a fine of not more than $10,000, imprisonment in a county jail for 16 months, or 2 or 3 years, or both fine and imprisonment. (2) 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.