AB 2343

AB2343:v95#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2343

An act to add Sections 11832.55 and 11834.13 to the Health and Safety Code, relating to substance use disorder.

LEGISLATIVE COUNSEL'S DIGEST

AB 2343, as amended, Patel. Alcohol and other drug programs: consumer protection platform.

Existing law requires the State Department of Health Care Services to license and regulate adult alcohol or other drug recovery or treatment facilities that provide residential nonmedical services, as specified, and further requires the department to certify and regulate alcohol and other drug programs, as specified.

This bill would require an alcohol or other drug treatment facility and an alcohol or other drug program to participate in a public consumer protection platform platform, as defined, designated or designed by the department in order to be licensed or certified. The bill would specify that participation in the public consumer protection platform pursuant to these provisions is only required if the department determines that sufficient funding has been appropriated or otherwise secured to cover the costs of participation in the platform, as specified. The bill would authorize the department to charge a reasonable fee to alcohol or other drug treatment facilities and alcohol or other drug programs required to enroll in the platform, as specified, and would prohibit the administrator of the public consumer protection platform from accepting payment from the entities subject to these provisions. The bill would authorize the department to verify compliance with participation in the public consumer protection platform as part of the certification or licensing process. The bill would prohibit participation in the consumer protection platform from being used as a criterion in evaluating bids, proposals, network participation, reimbursement, or contract performance for publicly funded substance use disorder treatment services. The bill would require the consumer protection platform, if managed by an entity other than the department, to collect and publicly display information from each participating treatment provider on the provider’s adoption of evidence-based practices in substance use disorder care, as specified. The bill would authorize the department to implement, interpret, or make specific those provisions by means of provider bulletins, written guidelines, or similar instructions.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 11832.55 is added to the Health and Safety Code, to read:

11832.55.

(a) (1)In The Legislature finds and declares all of the following:

(1) Facilities and programs licensed or certified pursuant to Chapters 7.5 (commencing with Section 11834.01) and 7.6 (commencing with Section 11834.60) that contract with the state, a county behavioral health department, or a county substance use disorder division to provide Drug Medi-Cal organized delivery system (DMC-ODS) services are subject to a comprehensive accountability structure that has no equivalent for privately operated facilities, including individual county contracting and credentialing requirements, mandatory monthly outcomes reporting through the California Outcomes Measurement System Treatment (CalOMS Tx), mandatory monthly capacity and waitlist reporting through the Drug and Alcohol Treatment Access Report (DATAR), onsite monitoring reviews and corrective action plan requirements administered by counties and the department’s Behavioral Health Compliance and Monitoring Branch pursuant to the interagency agreement governing each DMC-ODS county plan, annual network adequacy certification submitted to the department and the Centers for Medicare and Medicaid Services, and, under the California Advancing and Innovating Medi-Cal (CalAIM) initiative, value-based payment reform that ties reimbursement to treatment outcomes.(2) Privately licensed and certified facilities that serve individuals outside of publicly funded systems have no CalOMS Tx or DATAR reporting obligations, are not subject to county contracting or onsite monitoring requirements, and operate without any existing mechanism for the public to assess their clinical practices.(3) Privately licensed and certified facilities serve a critical role in California’s substance use disorder treatment continuum. However, the absence of a public disclosure requirement for these facilities leaves individuals and families without the information necessary to make informed treatment decisions. This is a gap this section addresses by requiring participation in a consumer protection platform as a condition of licensure and certification.(b) For purposes of this section, “consumer protection platform” means a publicly accessible, independent resource administered by the department or by a nonprofit entity designated by the department pursuant to subdivision (c) that meets all of the following requirements:(1) Is available at no cost to individuals and families seeking substance use disorder care in California.(2) Does not accept payment, fees, or any financial consideration from treatment providers listed on the platform, and has no financial relationship with any listed provider that could compromise its independence or objectivity.(3) Ensures that all information displayed is grounded in peer-reviewed research and reflects established best practices in substance use disorder care.(4) Employs validation protocols to verify the internal and external consistency of information submitted by treatment providers prior to public display.(5) Provides transparent, publicly accessible information on each listed facility’s clinical practices, including the facility’s alignment with recognized, evidence-based standards of substance use disorder care.(6) Enables individuals and family members to submit reviews of listed treatment facilities and displays those reviews publicly.(7) Reviews all submitted consumer feedback and refers any submission indicating a potential quality-of-care concern to the department or the appropriate regulatory authority for further review and investigation.

(c) (1) In order to be certified pursuant to this chapter, or have a certification pursuant to this chapter renewed, an alcohol or other drug program shall participate in a public consumer protection platform designated or designed by the department.

(2) (A) This section does not apply to certified alcohol or other drug programs contracted to provide Medi-Cal treatment services or contracted with the department, a county behavioral health department, or a county substance use disorder division for the provision of substance use disorder services or to certified alcohol or other drug programs that receive funding through state, county, or federal substance use disorder programs.

(B) The programs described in subparagraph (A) shall not be required to participate in a consumer protection platform, but may voluntarily participate in a platform.

(b)

(d) (1) Participation in the public consumer protection platform pursuant to this section shall be required only if the department determines that sufficient funding has been appropriated or otherwise secured to cover the costs of participation in the platform, including, but not limited to, costs associated with platform operation and maintenance.

(2) The department may charge a reasonable fee to alcohol or other drug programs required to enroll in the platform necessary to cover the costs of implementing this section.

(3) All costs associated with the development, implementation, operation, maintenance, oversight, auditing, and enforcement of the consumer protection platform shall be fully covered by the fees collected pursuant to this section or other specifically appropriated funds, and shall not be subsidized through increases to existing certification fees or through other departmental fee structures. If sufficient funding is not available to fully support the consumer protection platform without increasing existing certification fees, participation in the platform shall not be required.

(c)

(e) If the department contracts an external administrator for the public consumer protection platform, the administrator shall not engage in practices that constitute a conflict of interest, including, but not limited to, accepting a payment from alcohol or other drug programs subject to this section.

(f) The consumer protection platform, if managed by an entity other than the department, shall collect and publicly display information from each participating treatment provider on the provider’s adoption of evidence-based practices in substance use disorder care, which shall include, but is not limited to, all of the following:(1) Whether the provider conducts personalized evaluation and individualized treatment planning.(2) Whether the provider offers access to medications approved by the United States Food and Drug Administration for the treatment of opioid use disorder or alcohol use disorder, and if so, which medications are available.(3) Whether the provider delivers evidence-based behavioral therapies for substance use disorders, and if so, which therapies are offered.(4) Whether the provider offers long-term treatment options and ongoing recovery support services.(5) Whether the provider coordinates care that addresses co-occurring mental health and physical health needs.(6) Whether the provider offers additional services that support sustained recovery.(7) The ability to filter results based on language needs, substance to be addressed, handicapped accessibility, and specialty population.(8) Reviews by patients and family of patients related to the care provided at a facility or program.

(d)

(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions.

(e)

(h) The department may verify compliance with participation in the public consumer protection platform as part of its initial certification or certification renewal process. The department may require programs to provide documentation or data demonstrating participation, including registration and data submission to the designated quality rating system, consumer protection platform, and may utilize audits or inspections as necessary to ensure compliance.

(f)

(i) Participation in the consumer protection platform shall not be used as a criterion in evaluating bids, proposals, network participation, reimbursement, or contract performance for publicly funded substance use disorder treatment services.

SEC. 2.

Section 11834.13 is added to the Health and Safety Code, to read:

11834.13.

(a) (1)In The Legislature finds and declares all of the following:

(1) Facilities and programs licensed or certified pursuant to this chapter and Chapter 7.6 (commencing with Section 11834.60) that contract with the state, a county behavioral health department, or a county substance use disorder division to provide Drug Medi-Cal organized delivery system (DMC-ODS) services are subject to a comprehensive accountability structure that has no equivalent for privately operated facilities, including individual county contracting and credentialing requirements, mandatory monthly outcomes reporting through the California Outcomes Measurement System Treatment (CalOMS Tx), mandatory monthly capacity and waitlist reporting through the Drug and Alcohol Treatment Access Report (DATAR), onsite monitoring reviews and corrective action plan requirements administered by counties and the department’s Behavioral Health Compliance and Monitoring Branch pursuant to the interagency agreement governing each DMC-ODS county plan, annual network adequacy certification submitted to the department and the Centers for Medicare and Medicaid Services, and, under the California Advancing and Innovating Medi-Cal (CalAIM) initiative, value-based payment reform that ties reimbursement to treatment outcomes.(2) Privately licensed and certified facilities that serve individuals outside of publicly funded systems have no CalOMS Tx or DATAR reporting obligations, are not subject to county contracting or onsite monitoring requirements, and operate without any existing mechanism for the public to assess their clinical practices.(3) Privately licensed and certified facilities serve a critical role in California’s substance use disorder treatment continuum. However, the absence of a public disclosure requirement for these facilities leaves individuals and families without the information necessary to make informed treatment decisions. This is a gap this section addresses by requiring participation in a consumer protection platform as a condition of licensure and certification.(b) For purposes of this section, “consumer protection platform” means a publicly accessible, independent resource administered by the department or by a nonprofit entity designated by the department pursuant to subdivision (c) that meets all of the following requirements:(1) Is available at no cost to individuals and families seeking substance use disorder care in California.(2) Does not accept payment, fees, or any financial consideration from treatment providers listed on the platform, and has no financial relationship with any listed provider that could compromise its independence or objectivity.(3) Ensures that all information displayed is grounded in peer-reviewed research and reflects established best practices in substance use disorder care.(4) Employs validation protocols to verify the internal and external consistency of information submitted by treatment providers prior to public display.(5) Provides transparent, publicly accessible information on each listed facility’s clinical practices, including the facility’s alignment with recognized, evidence-based standards of substance use disorder care.(6) Enables individuals and family members to submit reviews of listed treatment facilities and displays those reviews publicly.(7) Reviews all submitted consumer feedback and refers any submission indicating a potential quality-of-care concern to the department or the appropriate regulatory authority for further review and investigation.

(c) (1) In order to be licensed pursuant to this chapter, or have a license pursuant to this chapter renewed, an alcohol or other drug recovery or treatment facility shall participate in a public consumer protection platform designated or designed by the department.

(2) (A) This section does not apply to licensed alcohol or other drug recovery or treatment facilities contracted to provide Medi-Cal treatment services or contracted with the department, a county behavioral health department, or a county substance use disorder division for the provision of substance use disorder services to licensed alcohol or other drug recovery or treatment facilities that receive funding through state, county, or federal substance use disorder programs.

(B) The facilities described in subparagraph (A) shall not be required to participate in a consumer protection platform, but may voluntarily participate in a platform.

(b)

(d) (1) Participation in the public consumer protection platform pursuant to this section shall be required only if the department determines that sufficient funding has been appropriated or otherwise secured to cover the costs of participation in the platform, including, but not limited to, costs associated with platform operation and maintenance.

(2) The department may charge a reasonable fee to alcohol or other drug recovery or treatment facilities required to enroll in the platform necessary to cover the costs of implementing this section.

(3) All costs associated with the development, implementation, operation, maintenance, oversight, auditing, and enforcement of the consumer protection platform shall be fully covered by the fees collected pursuant to this section or other specifically appropriated funds, and shall not be subsidized through increases to existing licensing or certification fees or through other departmental fee structures. If sufficient funding is not available to fully support the consumer protection platform without increasing existing licensing fees, participation in the platform shall not be required.

(c)

(e) If the department contracts an external administrator for the public consumer protection platform, the administrator shall not engage in practices that constitute a conflict of interest, including, but not limited to, accepting a payment from alcohol or other drug treatment facilities subject to this section.

(f) The consumer protection platform, if managed by an entity other than the department, shall collect and publicly display information from each participating treatment provider on the provider’s adoption of evidence-based practices in substance use disorder care, which shall include, but is not limited to, all of the following:(1) Whether the provider conducts personalized evaluation and individualized treatment planning.(2) Whether the provider offers access to medications approved by the United States Food and Drug Administration for the treatment of opioid use disorder or alcohol use disorder, and if so, which medications are available.(3) Whether the provider delivers evidence-based behavioral therapies for substance use disorders, and if so, which therapies are offered.(4) Whether the provider offers long-term treatment options and ongoing recovery support services.(5) Whether the provider coordinates care that addresses co-occurring mental health and physical health needs.(6) Whether the provider offers additional services that support sustained recovery.(7) The ability to filter results based on language needs, substance to be addressed, handicapped accessibility, and specialty population.(8) Reviews by patients and family of patients related to the care provided at a facility or program.

(d)

(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions.

(e)

(h) The department may verify compliance with participation in the public consumer protection platform as part of its initial licensing or licensing renewal process. The department may require facilities to provide documentation or data demonstrating participation, including registration and data submission to the designated quality rating system, consumer protection platform, and may utilize audits or inspections as necessary to ensure compliance.

(f)

(i) Participation in the consumer protection platform shall not be used as a criterion in evaluating bids, proposals, network participation, reimbursement, or contract performance for publicly funded substance use disorder treatment services.