The intent of a new recovery housing bill is clear: create a path toward independent oversight of all Virginia recovery residences, protect vulnerable sober home residents from exploitation and ensure transparency with the public.
Sponsored by Virginia lawmakers on both sides of the aisle — state Sen. Schulyer VanValkenburg, D-Henrico, and state Delegate David Owen, R-Goochland — the bill seeks to accomplish this through two objectives: 1) mandate state certification of all Virginia recovery homes and 2) convene a workgroup under the Secretary of Health and Human Resources to revamp the certification process, which is currently little more than a rubber stamp on homes chartered by Oxford House1 or certified by the Virginia Association of Recovery Residences (VARR).
The proposed legislation, SB838, directs the workgroup to develop credentialing guidelines to be implemented by the Virginia Department of Behavioral Health and Developmental Services (DBHDS) that would address many of the oversight gaps and ethical issues highlighted throughout this series. Those guidelines, each verbatim, would encompass the following:
- a uniform set of certification criteria for all recovery residences
- protocols for the Department to define qualifications for indigent bed fees and payment and reimbursement to recovery residences for indigent bed fees
- protocols to ensure resident and patient choice in receiving treatment and that the recovery residence operator, the house manager, or anyone in leadership with the recovery residence is not determining the treatment received
- training and standards that recovery residence operators and house managers shall meet before becoming a certified recovery residence operator or a certified recovery house manager, including a verified period of participation in recovery
- a Residents’ Bill of Rights, including a mandatory compliance requirement with such Residents’ Bill of Rights by certified recovery residence operators and certified recovery house managers
- protocols for termination of residency
- uniform data collection for recovery residences with a transparent data platform
- establishment of a hotline for complaints involving or against recovery residences to facilitate investigations
- a process for investigation of complaints involving or against recovery residences to be conducted by the Department or the Department in coordination with the locality where the recovery residence is located and not the credentialing entity
- protocols for sanctions on recovery residences, including decertification when appropriate
- methods for localities to conduct fire, building, safety, and health inspections of recovery residences
- other issues related to recovery residences and their operators as the work group shall deem appropriate
The bill also directs the workgroup to make recommendations for ensuring transparency with the public and sober home residents regarding “certification requirements, results, and inspections” — information that’s largely out of the public’s reach.
The workgroup would include representatives from the DBHDS Office of Recovery Services, Oxford House, VARR and the Virginia Association of Addiction Professionals, as well as representatives of “all interested localities where more than five recovery residences are located, members of the community where the recovery (residences) are located, and other relevant stakeholders.”
The group would be required to report its findings and recommendations to the General Assembly by Oct. 1.
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While SB838 aims to transition the recovery housing industry from self-oversight to independent oversight, the bill in its current form (notwithstanding a technical hiccup I’ll get to momentarily) achieves two opposing objectives, only one of which is concrete.
By making state certification mandatory before the workgroup develops recommendations to change the certification process, the bill would immediately require all (non-Oxford) sober home operators in Virginia to obtain certification from VARR — an organization primarily led by recovery house owners and operators, which is currently not subject to state oversight.
As a result, the legislation would put VARR officials in a position to impede competitors and silence critics. Ultimately, the same bill that seeks to curb VARR’s power, first gives VARR more power — with no guarantee of reining it in.
But the proposed legislation’s conflicting effects don’t end there.
Currently, people living in certified recovery housing have no tenant rights. 2022 legislation sponsored by state Delegate Carrie Coyner, R-Chesterfield, exempted certified sober home operators from the Virginia Residential Landlord and Tenant Act (VRLTA) — empowering them to evict their residents on a whim, for any reason.
On the other hand, people living in non-certified recovery homes still have the same tenant rights afforded to most Virginians under the VRLTA. A non-certified operator cannot legally expel a resident from the home for refusing to go to a specific treatment provider or for talking negatively about the operator — unlike certified sober home operators who can do so without consequence.
SB 838 ultimately seeks to curb the harsh effects of Coyner’s bill by implementing a Residents’ Bill of Rights and creating protocols for terminating residency in sober homes. But by mandating certification before changing the certification process, SB838 first expands the effects of Coyner’s bill to all sober homes, leaving more residents vulnerable to immediate evictions and homelessness — with no guarantee of reversing that outcome.
VanValkenburg, Owen, VARR and Oxford House did not immediately respond to a request for comment on the bill.
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Now for that technical hiccup, which starts with the law already on the books.
Under current Virginia law:
No person shall operate a recovery residence or advertise, represent, or otherwise imply to the public that a recovery residence or other housing facility is certified by the Department unless such recovery residence or other housing facility has been certified by the Department …
But the statute defines “recovery residence” as “a housing facility that is certified by the Department …” (DBHDS)
After plugging in that definition, the current law isn’t exactly coherent. It technically reads:
No person shall operate a (housing facility that is certified by the Department…) or advertise, represent, or otherwise imply to the public that a (housing facility that is certified by the Department…) or other housing facility is certified by the Department unless such (housing facility that is certified by the Department…) or other housing facility has been certified by the Department …
SB838 proposes the following changes:
“No person shall operate a recovery residence
oradvertise,represent,orotherwiseimplytothepublicthatarecoveryresidenceorotherhousingfacilityis certifiedbytheDepartmentunless such recovery residence or other housing facility has been certified by the Department ….”
After plugging in the definition of recovery residence, the new bill perpetuates the code’s current gibberish. It technically reads:
No person shall operate a (housing facility that is certified by the Department…) unless such (housing facility that is certified by the Department…) or other housing facility has been certified by the Department…
In other words: No one can operate a certified recovery house unless the certified recovery house is certified.
Violation would be a Class 1 misdemeanor.
SB838 has been referred to the Senate Committee on Education and Health.
One of the 15 committee members is state Sen. Lamont Bagby, D-Henrico — a VARR ally who went into business with VARR leaders when he purchased real estate with them in 2021, and whose brother has been living off VARR’s financial support.
Once the bill is placed on the committee’s docket, I will post another update with information on how to view and participate in the hearing.
Scroll below to view investigative stories in The Parham Papers series, or visit the homepage to explore all articles, including legislative updates.
1. As explained in previous installments, Oxford House has not been a focus of this series due its fundamentally different model. Homes formed under Oxford House charters are self-supporting, democratically run and not for profit. [Return to article]
So from what I understand, before the legislation is passed VARR would have more power but after they would become redundant since the credentialing agency would become dbhds? Will VARR just be disbanded after the legislation is enacted? Not that Anthony will probably care since him and his wife have already made out like absolute bandits with all that tax payer money..
Hi, thanks for the question. Nothing in the bill would disband VARR. Assuming that that one technical issue is resolved, here’s what would happen:
State-certification (DBHDS-certification) would no longer be voluntary. All recovery homes in Virginia would be required to obtain DBHDS-certification in order to legally operate. Based on current state regulation, that would mean all recovery homes would have to be either chartered by Oxford House or certified by VARR. DBHDS is essentially authorized to collect a few pages of paperwork from each home and maintain the statewide list of certified recovery residences.
Oxford House only charters self-supporting, democratically-run homes, where no one is in a position to profit (other than a detached landlord). For all other recovery homes, VARR would decide which ones could become DBHDS-certified, and therefore, which ones could legally operate.
While that’s happening, a workgroup would convene to make recommendations on re-creating what DBHDS-certification means (i.e. – establishing residents’ rights and developing “credentialing guidelines to be implemented by (DBHDS)…”).
After the workgroup reports its findings and recommendations to the General Assembly (by Oct. 1), there’s no guarantee that those recommendations will be implemented.
The only guarantee would be mandatory DBHDS-certification of all recovery residences. And without changes to the certification process, VARR would have the power to prevent any (non-Oxford) sober homes from legally operating in the state.
Thank you for clarifying. Hopefully the state will rectify this as it’s well known that VARR stonewalls operators outside of personal business associations. Speaking of legality, Senator Lamont Bagby is in violation of the Code of Virginia’s State and locals government’s Conflicts of Interest Act: Articles 2, sections 3-6
3. Offer or accept any money or other thing of value for or in consideration of the use of his public position to obtain a contract for any person or business with any governmental or advisory agency;
4. Use for his own economic benefit or that of another party confidential information that he has acquired by reason of his public position and which is not available to the public;
5. Accept any money, loan, gift, favor, service, or business or professional opportunity that reasonably tends to influence him in the performance of his official duties. This subdivision shall not apply to any political contribution actually used for political campaign or constituent service purposes and reported as required by Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2;
6. Accept any business or professional opportunity when he knows that there is a reasonable likelihood that the opportunity is being afforded him to influence him in the performance of his official duties;
Committing these offenses by entering into business contracts with VARR, enabling financially beneficial legislation for VARR, which then benefits him and his brother and could impede his decision making as a public servant.
He should be called on to immediately recuse himself from this subcommittee siting conflicts of interest.
Contact Information
Legislative Staff:
Michael Phillips, Chief of Staff; Keith Westbrook, Legislative Assistant; Cecilia Cain, Legislative Assistant
Session Office:
General Assembly Building
Room No: 601
Senate of Virginia
P. O. Box 396
Richmond, VA 23218
Phone: (804) 698-7514
Fax: (804) 698-7651
Email Address:
senatorbagby@senate.virginia.gov
District Office:
P.O. Box 396
Richmond, VA 23218
Phone: (804) 698-7514