AB
118 REQUIREMENTS: CERTIFICATION OF ALCOHOL AND OTHER DRUG PROGRAMS
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Frequently Asked Questions
This document addresses frequently asked questions (FAQs) about requirements in Assembly Bill (AB) 118 related to the certification of alcohol and other drug programs, also known as substance use disorder (SUD) treatment programs or facilities.
What type of programs are required to apply for alcohol and other drug certification?
In accordance with Health Safety Code (HSC) 11832.2(a), any business entity with a physical location in California that provides treatment, recovery, detoxification and/or medications for addiction treatment (MAT) services must obtain an alcohol and other drug certification from DHCS, unless exempt pursuant to HSC 11832.3.
Are individuals, such as primary mental health providers who also treat SUD required to apply for alcohol and other drug certification?
An alcohol or other drug program (AOD) is defined in HSC 11832.2, subdivision (a). HSC 11832.2, subdivision (b) states that an individual health care practitioner duly licensed and regulated under Division 2 (commencing with Section 500) of the Business and Professions Code, acting within the scope of their license or certificate is not a program as described in HSC Section 11832.2, subdivision (a).
What type of programs can voluntarily apply for alcohol and other drug certification?
In accordance with HSC 11832.22 an AOD exempt from mandatory certification under HSC 11832.3(b) may voluntarily apply for certification.
Are any programs exempt from obtaining alcohol and other drug certification?
HSC 11832.3(a) states the following business entities that provide treatment, recovery, detoxification and/or MAT services are exempt from mandatory AOD certification, but may voluntarily obtain certification:
- Residential SUD recovery or treatment facilities, driving-under-the-influence (DUI) programs, and narcotic treatment programs (NTPs) licensed by DHCS.
- Clinics licensed by the State Department of Public Health
- Health facilities licensed by the State Department of Public Health
- Community care facilities licensed by the State Department of Social Services
- Residential care facilities for persons with chronic, life-threatening illness licensed by the State Department of Social Services in accordance with Chapter 3.01 (commencing with Section 1568.01) of Division 2.
- Residential care facilities for the elderly licensed by the State Department of Social Services in accordance with Chapter 3.2 (commencing with Section 1569)
of Division 2. - Adult day health care centers licensed by the State Department of Social Services in accordance with Chapter 3.3 (commencing with Section 1570) of Division 2.
- Public elementary and secondary schools as defined in the Education Code
- County jails and state correctional institutions, including juvenile justice facilities.
Are Drug Medi-Cal (DMC) certified programs exempt from obtaining alcohol and other drug certification?
In accordance with HSC 11832.3, DMC certified programs are only exempt from mandatory alcohol and other drug certification if HSC 11832.3, subdivision (b) applies.
How do alcohol and other drug programs apply for certification from DHCS?
An alcohol or other drug program can obtain an initial application for certification from the DHCS website at Licensing and Certification - Applications, Forms and Fees. For additional questions, applicants may call DHCS' SUD Licensing and Certification Division at (916) 322-2911 or send an email to LCDquestions@dhcs.ca.gov.
When do facilities need to apply for alcohol and other drug certification by?
In accordance with HSC 11832.25, an alcohol or other drug program that is not currently certified must apply no later than January 1, 2024, and obtain certification no later than January 1, 2025.
What changes require a new initial application for certification?
The following changes require submission of a new initial application for certification:
- Change of the business entity (e.g., limited liability company to corporation)
- Sale of the program
- Transfer of ownership of fifty-one percent (51%) or greater
In accordance with HSC 11832.17, a certification shall terminate by operation of law, prior to its expiration date, when any of the above conditions occur if a new initial application for certification is not submitted timely.
Is there a waiver or variance process for compliance with AB 118?
DHCS does not allow waivers or variances. All providers must comply with DHCS Certification for Alcohol and Other Drug Programs Standards. These certification requirements are effective immediately and supersede previous versions.
Are DHCS Level of Care (LOC) or American Society of Addiction Medicine (ASAM) designations required for DHCS certified outpatient programs?
No.
Which events are AOD programs required to report to DHCS within one (1) working day?
An alcohol or other drug program shall report to DHCS within one (1) working day, either telephonically at (916) 322-2911 or electronically at LCDQuestions@dhcs.ca.gov, any of the following events:
- Death of any person that occurs at the program.
- Injury of any client at the program that requires emergency medical treatment.
- Cases of communicable disease reportable under Sections 2500 and 2502 of Title 17, California Code of Regulations. These cases shall also be reported to the local health officer.
- Catastrophes such as flooding, tornado, earthquake, or any other natural disaster.
- Fires or explosions which occur in or on the premises.
The telephonic report is to be followed by a written report to DHCS within seven (7) calendar days of the event or incident. Unusual Incident or Injury reports must be submitted to your Licensing and Certification Analyst. Death Reports must be submitted by fax to the Complaints Section at (916) 440-5094 or by email to: SUDComplaints@dhcs.ca.gov.
Why is treatment planning not listed in the Certification of Alcohol or Other Drug Programs Standards?
The term “progress notes" is used in the Certification of Alcohol or Other Drug Programs Standards in lieu of treatment and/or recovery plans to align with CalAIM documentation reform. “Progress note" means a written entry made by an Alcohol and Other Drug (AOD) Counselor, or Health Care Practitioner (HCP) at or near the time at which service was rendered that describes the alcohol or other drug service, the intervention, and the next steps, including planned actions by an AOD Counselor, HCP, or client and any other relevel client information.
Can counseling services exceed the maximum hours required for residential, outpatient and intensive outpatient services?
Yes, counseling services received by a client may exceed the maximum hours based on individual medical necessity.
What happens if the program fails to submit renewal applications at least ninety (90) days prior to the expiration of certification?
In accordance with HSC 11832.6, failure to submit to DHCS the required written application for renewal, or failure to submit to DHCS the required fees prior at least 90 day prior to expiration, shall result in the automatic expiration of the certification at the end of the two-year period.
What happens if a person or entity is found to be providing treatment, recovery, detoxification, or medication-assisted treatment services without first obtaining a certification?
In accordance with HSC 11832.18, if DHCS finds evidence that the program is providing treatment, recovery, detoxification, or medication-assisted treatment services without a certification, DHCS shall issue a written notice to the program stating that it is operating in violation of section 11832.7. Any person or entity found to be operating without certification may be subject to an assessment of civil penalties of two thousand ($2,000) dollars per day pursuant to HSC 11832.18., and will be barred from applying for initial certification for a period of five years from the date of the violation notice.
What should a program do when the admission agreement changes?
DHCS Certification for Alcohol and Other Drug Programs Standards Section 39(d) states that a program shall retain the original admission agreement and any modifications to the agreement and provide copies to the client.
What should a program do if it is unable to demonstrate the correction of a deficiency prior to the correction date specified in the written notice of deficiency?
A program that is unable to demonstrate the correction of a deficiency prior to the correction date specified in the written notice of deficiency shall submit to the Department a written corrective action plan. The written corrective action plan must be postmarked or electronically submitted no later than the correction date specified in the written notice of deficiency. If a program fails to correct the deficiency by the correction date specified in the approved corrective action plan, DHCS may assess civil penalties from the day after the correction date specified in the approved corrective action plan.
