Home | Laws | Print Page | Contact Us | Report Abuse | Sign In | Register
Addiction Treatment Center Resources - California

Frequently Asked Questions

Overview

1.  What is the difference between medical and non-medical social model treatment programs?

Both medical and non-medical social model programs offer services designed to promote detoxification, treatment and maintenance... Read More

2.  What is the difference between medical and non-medical detoxification programs?

Medical detoxification programs typically occur within a hospital or structured inpatient medical setting. Read More

3.  Which addiction treatment facilities are required to be licensed?

Any facility that proposes to offer 24-hour non-medical residential alcohol or drug abuse related recovery treatment services to adults must be licensed by... Read More

4.  What kind of treatment options are available for clients with addiction problems?

A client with severe withdrawal signs and symptoms may need a medically-monitored inpatient detoxification program,... Read More

5.  What does it mean to be "licensed", "certified" or "accredited" in this industry?

Licensing means that a particular type of facility or professional may only operate or provide a certain set of services with the advance and continuous authorization (license) of a designated government agency. Read More

Non-Medical Rehabilitation Facilities (Inpatient and Outpatient) Services

6.  What kind of services can we offer within our program?

Drug and alcohol rehabilitation services are those which are designed to promote recovery from substance use disorders. Read More

7.  What services are prohibited?

Historically, non-medical facilities were not permitted to provide medical care or contract with physicians directly to provide medical services, although they could contract with a physician in an administrative role to provide non-clinical directorship services, such as oversight or input into program development. Read More

Licensing

8.  What information must be provided in an initial application for licensure?

In the initial application for licensure, the applicant will need to identify a site where it plans to offer drug and alcohol rehabilitation, detoxification and recovery services... Read More

9.  How long does a licensing application usually take and when does it need to be renewed?

DHCS notifies licensing applicants if their application is complete or incomplete within 45 working (or business) days of receipt. Read More

10.  How should a residential facility prepare for an on-site audit for licensure determination?

In order to effectively prepare for an on-site audit, the program should be current on all client's treatment programs, ensure that staff is up to date on all client files and progress, and make sure that all program and client files are current and include all pertinent information required by relevant rules and regulations. Read More

Certification

11.  Does our facility have to be certified?

Licensure is required for certain facilities while certification is optional. Read More

12.  What are the practical benefits of certifying a facility?

Certification is a signal to potential clients, insurance companies, regulators, and the public that a facility aims to offer a responsible and high-quality service. Read More

14.  How long does the Department of Health Care Services take to review my application?

Within 45 working days of receipt of the application, DHCS shall notify the applicant whether the application is complete or incomplete. Read More

15.  What should a facility do in preparation for the on-site compliance review?

Following its preliminary review to determine certification, DHCS conducts an on-site review of each certified program at least every two years. Read More

16.  What happens if the inspector finds compliance deficiencies when conducting an on-site review?

Some deficiencies may be immediately correctable but, if this is not possible,... Read More

17.  How often must certification be renewed?

A program is eligible to renew its certification every two years, provided... Read More

18.  Under what circumstances can the Department of Health Care Services conduct an unannounced on-site inspection?

Advance notice is not required for conducting an investigation of a complaint or an on-site review at a certified program. Read More

19.  Under what circumstances will a certification be terminated prior to its expiration date?

A certification automatically terminates prior to the expiration date on the certificate when any of the following occurs: Read More

20.  Under what circumstances will the Department of Health Care Services suspend or revoke certification?

DHCS may suspend or revoke certification when any of the following occurs: Read More

21.   What if a program relocated to another facility?

To prevent termination of the certification in the event of a move, at least 45 working days prior to a change of location, the following must be submitted to DHCS: Read More

Zoning and Land Use

22.  What are the protections afforded to facilities used for drug rehabilitation?

The regulation of land use and zoning is traditionally reserved to state and local governments, except to the extent that it conflicts with requirements imposed by the Fair Housing Act, the protections of the Americans with Disabilities Act, or other federal laws. Read More

23.  Are there any proximity restrictions regulating how close treatment centers may be to each other? Can I open a residential treatment center right next to one that is already there?

At the present time, California law does not regulate or prevent multiple treatment facilities from operating in close proximity. Read More

Admissions

24.  How can a facility decide if a client is suitable for the services it offers?

A potential client should be assessed to determine how severe his/her addiction is, the nature of the drugs he/she uses, his/her medical history and present health,... Read More

25.  What kind of health clearances are needed prior to admitting a client?

Both residential and non-residential programs should carefully complete a health questionnaire with any incoming client to determine the likelihood that the client needs medical attention. Read More

26.  How can a facility decide what level of detoxification would be appropriate for a potential client?

A client with severe withdrawal signs and symptoms may need medically monitored inpatient detoxification program, which requires that services be delivered by doctors and nurses in an acute care hospital or chemical dependency recovery hospital. Read More

27.  What client information should be collected in during intake?

At a minimum, intake should include:

  1. Personal Details: (a) client name, (b) date of birth, (c) sex and/or gender, (d) race, and (e) sexual orientation (optional)  Read More

28.  What is required for the admissions agreement?

An admissions agreement should include, at a minimum, a breakdown of expected fees and services, activities expected of clients, program rules and regulations,...  Read More

Care, Treatment and Services

29.  What information must be collected about a client in developing a treatment plan?

A treatment plan should, at a minimum, contain the following: (1) statement of problems experienced... Read More

30.  How much contact should program staff have with the client once admitted?

The frequency of services and staff contact requirements are based upon the type of facility and the type of program in which the client is participating. Read More

31.  How should residential facilities manage clients' medication?

Programs must have a written policy regarding the use of prescribed medications. Staff may not prescribe or control medications. Read More

32.  What are the grounds to dismiss a client from our program?

Generally, there are four types of discharge. First, successful completion of the program means that the client has met the goals of their recovery plan. Read More

33.  If a facility discharges a client who has relapsed and that client proceeds to overdose in the following days, is the facility at risk and, if so, how can it protect itself?

The discharge of a client must be handled carefully given the risks if a client suffers negative health consequences in the aftermath of discharge. Read More

34.  How should clients' privacy be protected?

Any facility that submits billing electronically (whether directly or through an outside biller) is a covered entity within the meaning... Read More

Governance and Staffing

35.  May addiction treatment centers have medical directors?

It is permissible for a center to employ or contract a medical or clinical director who exercises non-clinical directorship services, such as program development, policies and procedures, and personnel oversight. Read More

36.  Are there limitations on hiring or contracting with physicians to provide medical care to treatment facility clients?

In general, clients are required to seek medical services that they need independent of the licensed facility. Read More

37.  What licensing or certification requirements are there for addiction treatment staff at a residential facility?

For a licensed facility, at least 30% of all staff providing counseling services need to be licensed or certified. Read More

Payment

38.  How should facilities respond to clients in need of treatment who are unable to pay the required deductibles and co insurance?

Clients seeking drug and alcohol rehabilitative services often face financial difficulties, whether as a result of the consequences of their addiction or as a result of the expense of multiple, prior failed treatment programs. Read More

39.  What are the key issues insurers raise to demand recoupment of fees from substance abuse treatment programs?

Insurers may demand recoupment of fees based on any defect in the billing claim or supporting documentation and/or based on any noncompliance with federal or state laws. Read More

Marketing

40.  What marketing practices are prohibited?

The most widespread prohibited marketing practices in addiction treatment appear to revolve around inappropriate inducements and inaccurate marketing claims. Read More

41.  What are the limits of gift giving to potential referral sources?

State and federal regulators prohibit the exchange of items of value to induce referrals so the exchange of any item of value,... Read More

42.  What kind of benefits can be offered to new or existing clients?

Providers must avoid giving a patient, prospective patient, or referral source anything of value or benefit. Read More

Sober Living Residences

43.  What is a sober living home?

A sober living home is an alcohol and drug -free environment inhabited by individuals who are attempting to maintain their recovery from substance abuse disorders. Read More

Licensing

44.  Does a sober living home need a license?

Shared or cooperative living arrangements that do not offer rehabilitative and recovery services do not require a license from DHCS. Read More

45.  Are there any consequences to being “unlicensed?”

The absence of a license means that addiction recovery treatment services may not be provided at a sober living facility. Read More

46.  What kinds of services can be offered by a sober living home?

Alcohol and drug-free houses (sober-living environments) typically provide a living environment to enable residents to organize activities and participate in self-help initiatives which promote their goal to live without drugs or alcohol. Read More

Accreditation

47.  How can we demonstrate to our clients that we are offering a high-quality living environment?

A sober living home can elect to demonstrate voluntarily that it meets minimum quality standards. Read More

48.  Does a sober living home have to obtain accreditation in order to operate?

No, but becoming accredited or formally registered may encourage residents to consider... Read More

49.  How does a sober living home apply for accreditation or registration?

Information on accreditation is available directly from The Joint Commission... Read More

50.  What should a sober living home do in preparation for an on-site accreditation or registration review?

The facility should familiarize itself with the standards set forth by the accrediting or registering agency. Read More

51.  How often must I renew accreditation or registration?

Renewal times depend on the agency and accreditation / registration received. Read More

Zoning and Land Use

52.  What are the legal protections for sober living homes?

A sober living home with six or fewer people is generally exempt from zoning and land use regulations based on federal and state law, and need not seek municipal approval to operate. Read More

53.  Can local governments put special restrictions on sober living homes?

This area of law is complex and evolving. It is well settled that state and federal law prohibit local governments from discriminating against or treating the residents of sober living homes differently from that of traditional families. Read More

54.  What other aspects should be considered before choosing a location for a sober living home?

In siting a sober living home, attention should be paid to potential hostility from neighbors. Read More

Resident's Rights and Responsibilities

55.  What are the obligations to residents?

To enforce that the premises remain safe and free of intoxicant use; to maintain the premises in a habitable manner;... Read More

56.  What kind of agreement should a resident be asked to sign?

The agreement should include: (1) a pledge from the client to live by the house rules... Read More

57.  Can a sober living home insist on drug tests and searches?

Sober living homes do not have the right to impose testing or searches without consent. Read More

58.  Can a sober living home bill insurance for required and/or random drug testing?

Sober living residences sometimes rely on the drug screening that takes place when the resident attends outpatient services,... Read More

59.  Can residents' obligations be made contractually enforceable?

If the rules are contained in the sober living housing agreement as conditions of residence,... Read More

Governance and Staffing

60.  What kind of ownership and staffing structures are common with sober living homes?

A housing facility may be structured as a nonprofit corporation, a for-profit corporation, limited liability company, partnership, association, or a sole owner arrangement. Read More

61.  Are there any organizations which could help?

California Consortium of Addiction Programs and Professionals... Read More

Contact Us

AATA
11835 W. Olympic Blvd.
Suite 900
Los Angeles, CA 90064
888.958.2282

  

Terms, Conditions & Refunds

About AATA

The American Addiction Treatment Association (AATA) delivers reliable information and resources on compliance and best practices to enable recovery industry professionals, owners, and operators to navigate the evolving clinical and regulatory landscapes.

Connect With Us


Disclaimer of Liability: ATAA presents the information on this web site as a service to our members & other Internet users. While the information on this site is about legal issues, it is not legal advice. Due to the rapidly changing nature of the law & our reliance on information provided by outside sources, we make no warranty or guarantee concerning the accuracy or reliability of the content at this site or any sites to which we link.