The director must set minimum licensing standards for transitional housing facilities, and facilities must follow listed policies on resident conduct, safety, complaints, notices, and records. Unlicensed operation can lead to a civil penalty of up to $1,000, and licensees cannot transfer the license or suggest they may provide higher-level services than allowed.
36-4202 - Licensure; standards; civil penalties; use of title 36-4202. Licensure; standards; civil penalties; use of title A. The director shall adopt rules to establish minimum standards and requirements for the licensure of transitional housing facilities in this state necessary to ensure the public health, safety and welfare. The standards shall include: 1. A requirement that each transitional housing facility develop policies and procedures to promote reentry of individuals into society after incarceration by requiring the individuals to participate in treatment, self-help groups or other community support. 2. Policies requiring abstinence from alcohol and illicit drugs. 3. A requirement that each transitional housing facility develop policies and procedures to allow individuals who are on medication or medication-assisted treatment to continue to receive this medication or treatment while living in the transitional housing facility. 4. A policy that ensures individuals are informed of all transitional housing facility rules and agreements. 5. A policy that requires each resident to complete a housing agreement outlining the rules of the living arrangement within the transitional housing facility, the length of stay and reasons the individual can be discharged from the transitional housing facility. 6. Policies and procedures that require each transitional housing facility to maintain an environment that promotes the safety of the surrounding neighborhood and the community at large. 7. Policies and procedures for discharge planning of persons living in the transitional housing facility that do not negatively impact the surrounding community. 8. A good neighbor policy to address neighborhood concerns and complaints. 9. A requirement that each transitional housing facility post a statement of individual rights that includes the right to file a complaint about the transitional housing facility or provider and information about how to file a complaint. 10. Policies regarding the maintenance of transitional housing facilities, including the installation of functioning smoke detectors, carbon monoxide detectors and fire extinguishers and compliance with local fire codes. 11. Policies and procedures that prohibit a transitional housing facility owner, employee or administrator from requiring an individual to sign any document for the purpose of relinquishing the individual's public assistance benefits, including medical assistance benefits, cash assistance and supplemental nutrition assistance program benefits. 12. Policies and procedures for managing complaints about transitional housing facilities. 13. Requirements for notifying an individual's family member or other emergency contact as designated by the individual under certain circumstances, including death. B. A person or organization operating a transitional housing facility in this state that has failed to attain or maintain licensure of the transitional housing facility shall pay a civil penalty of up to $1,000. C. To receive and maintain licensure, a transitional housing facility must comply with all federal, state and local laws, including the Americans with disabilities act of 1990 (P.L. 101-336; 104 Stat. 327). D. A treatment facility that is licensed by the department to treat behavioral health, mental health, substance use or co-occurring disorders may be located on the same campus as a transitional housing facility. The transitional housing facility shall be separately licensed pursuant to this article.    E. Once the director adopts the minimum standards and requirements for licensure as required by subsection A of this section and the rules required by section 36-4204, a person or organization may not establish, conduct or maintain in this state a transitional housing facility unless that person or organization holds a current and valid license issued by the department. The license is valid only for the establishment, operation and maintenance of a transitional housing facility. The licensee may not: 1. Imply by advertising or directory listing or otherwise imply that the licensee is authorized to perform services that are more specialized or of a higher degree of care than is authorized by this article and rules adopted pursuant to this article for transitional housing facilities. 2. Transfer or assign the license. A license is valid only for the premises occupied by the transitional housing facility at the time of the issuance of the license.