Alcoholism and drug abuse recovery and treatment programs: inducement of participants.
What changed between versions
A new Section 1 amending Health and Safety Code Section 11831.6 is added, expanding the existing prohibition on giving or receiving remuneration for 'referral' to also cover 'inducement' of a person seeking alcohol or drug recovery or treatment services. This applies to licensed facilities, certified programs, their owners (10%+ interest), officers, directors, employees, and counselors.
The bill's short title and legislative counsel's digest are updated to reflect that the bill now amends Sections 11831.6 and 11831.65 (previously only 11831.65) and adds Section 11831.66, broadening the bill's stated scope.
New Section 11831.6(b) enumerates specific prohibited practices: influencing or inducing an individual to enter, remain in, or transfer between treatment programs; securing referrals; recruiting individuals for treatment; increasing insurance-funded billing or patient volume; and engaging in patient brokering or similar practices.
A new exception in Section 11831.6(c) carves out clinically appropriate, evidence-based therapeutic incentives, including contingency management offered to eligible Medi-Cal members as part of the Drug Medi-Cal Organized Delivery System, from the inducement prohibition.
A new exception in Section 11831.6(d) allows providing educational or informational materials about community, governmental, or nonprofit resources as long as no remuneration is offered in exchange for treatment enrollment or continued participation.
A new condition (paragraph (1)) is added to Section 11831.65(c) requiring that the cost of transportation needed by the individual to receive recovery or treatment services would be prohibitive for the individual without assistance from the laboratory, facility, or program. This sets an affordability threshold before transportation can be offered.
Section 11831.6(e) clarifies that the new inducement prohibition does not apply to housing or transportation provisions described in Section 11831.65, creating a cross-reference between the two sections.
A new subsection (f) in Section 11831.6 allows the department to implement, interpret, or make specific the section through provider bulletins, written guidelines, or similar instructions until formal regulations are adopted, bypassing standard Administrative Procedure Act rulemaking.