February 18, 2020 - /PressAdvantage/ - State Sen. John Moorlach (R-Costa Mesa) and Sen. Patricia Bates (R-Laguna Niguel) have approached the US Housing and Urban Development Department for help in cracking down on what they call ‘unscrupulous’ sober living homes that are taking advantage of addicted patients for profit.

The two Orange County lawmakers sent a letter to HUD Secretary Ben Carson, detailing how federal laws were hampering efforts to regulate sober living facilities.

Moorlach and Bates said that people recuperating from alcoholism or drug addiction are categorized as disabled under federal law. They say that this categorization has allowed some operators of sober living facilities to exploit transients, using their insurance for profit.

“We’ve had sober living homes where when the insurance runs out, [the clients] end up on the streets,” Moorlach said in an interview.

In their letter, the lawmakers said: “Opioid addiction has soared, and unscrupulous rehab operators have rushed in to take advantage of mandatory mental health treatment coverage required by the [federal] Affordable Care Act.”

HUD declined to comment.

“The quality of care in these facilities is not consistent and does not always adhere to a specific set of standards. As a result, patients and their families can be misled, misdirected and misdiagnosed by unqualified individuals,” the lawmakers added. “The California state Legislature has recognized that consumers with substance use disorders have disabling conditions and need to be protected. However, the policies that have come down from the federal level do not allow the Legislature to act.”

Bates represents the 36th District, which includes Rancho Santa Margarita, Mission Viejo, Laguna Hills, Laguna Niguel, Aliso Viejo, Dana Point, San Juan Capistrano, San Clemente, Oceanside, Vista, Carlsbad and Encinitas.

Moorlach represents the 37th state Senate District, which includes all or parts of Costa Mesa, Huntington Beach, Anaheim, Irvine, Laguna Beach, Laguna Woods, Lake Forest, Newport Beach, Orange, Tustin, and Villa Park.

In addition to their letter, Bates and Moorlach appealed to the US Department of Justice along with HUD to “issue a new Joint statement on the Americans with Disabilities Act and the Fair Housing Act to allow local governments to uphold national standards and best practices in sober-living environments for the protection of residents in recovery.”

The two lawmakers said that municipalities that try to regulate the addiction treatment facilities run into “lengthy and expensive litigation, and the legal landscape remains murky”.

Costa Mesa, for example, has faced legal challenges from certain sober living home operators who claim its rules unfairly discriminate against people recovering from drug and/or alcohol addiction.

City ordinances adopted in 2014 and 2015 imposed new permitting requirements that specified local group homes, sober living homes, and licensed addiction treatment facilities must be at least 650 feet from one another in residential areas. In 2017, additional regulations were adopted by the City Council to increase transparency and prevent people who were evicted from such facilities from becoming homeless.

Costa Mesa has successfully defended its rules in court so far but has paid $4.8 million in legal fees and other costs in the process.

Moorlach said he also is working on reforms in the treatment of the severely mentally ill. “There’s all this money going to mental health, but not too serious mental health issues,” he explained.

If someone in the family is struggling with drug or alcohol addiction, it is important to seek help. A combination of medical detox and behavioral therapy can go a long way in the fight against drug abuse. But because every individual is affected by addiction differently, a comprehensive program tailored to their specific needs is necessary. Look for a nearby addiction treatment facility today and find out how drug treatment programs work.

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