The companion bills for recovery housing oversight have passed unanimously in both the House and Senate and crossed over for consideration on the other sides.
Senate Bill 270 (sponsored by Sen. Schuyler VanValkenburg, D-Henrico) and House Bill 931 (sponsored by Delegate Marcus Simon, D-Fairfax County) followed similar amendment paths and emerged from their respective chambers looking closely aligned.
Key changes in the bills
- Tempering NDAs: Regulations would prohibit nondisclosure agreements that interfere with complaint reporting or investigations (new language added after introduction).
- Ban on coercion for economic benefit: Recovery residences could not require residents to participate in clinical services from which the residence receives financial gain. (This is a narrower restriction than that in the original language, which prohibited operators from dictating any clinical treatment.)
- Reducing conflicts of interest: Credentialing entities could not accredit recovery homes “owned or operated by an individual who is employed by or in a position of authority at such credentialing entity.” (This is stronger than the original language, which left conflict-of-interest opportunities intact for board members.)
- Limiting referrals: State agencies and courts referring or releasing individuals to recovery homes would be limited to certified residences (courts added after introduction).
Provisions that remain unchanged
- More certification options: Operators could by-pass third-party credentialing entities and obtain certification directly from the Department of Behavioral Health and Developmental Services (DBHDS).
- DBHDS oversight: Regulations would establish processes for reporting and investigating complaints, issuing sanctions and implementing corrective action plans for recovery residences.
- Expanded data reporting: DBHDS would track metrics to evaluate recovery residence effectiveness.
- Ongoing workgroup: The recovery housing workgroup created last year under SB838 would continue meeting at least twice a year and submit annual recommendations to the General Assembly.
- Prohibition on marijuana use in recovery residences: Despite opposition from residents of the region’s only known cannabis recovery house, this provision remains. (VARR confirmed it does not accredit homes that allow cannabis use.)
Removed language
An earlier version of SB270 had prohibited clinical treatment providers from “offering housing to individuals receiving treatment unless such housing is either licensed as a residential treatment program or certified as a recovery residence.” That provision introduced a potential conflict with federal law, and the language was ultimately removed. The bill now reverts to the original approach: DBHDS and the Virginia Housing Commission will study the issue and make recommendations for related regulations.
Where the bills diverge
Under SB270, some provisions will be delayed until July 1, 2027, including:
- Direct certification through DBHDS;
- The study and recommendations regarding clinical treatment providers offering housing;
- Expanded data reporting to DBHDS; and
- Expanded sharing of information with the public.
VanValkenburg’s office said the Senate Finance Committee introduced these delays due to anticipated fiscal impacts on DBHDS.
Public participation and upcoming hearings
Substantive changes at this stage are uncommon, but the public still has limited opportunities to provide input:
- SB270 will be heard tomorrow in the House Committee on Health and Human Services, which meets at 8:30 a.m. in House Committee Room C-206 of the General Assembly Building. Public testimony is not permitted, but comments can be emailed to the committee chairman, Delegate Rodney Willett. The hearing can also be viewed remotely via the Virginia House of Delegates Video Streaming page.
- HB931 will be heard Friday, Feb. 27 in the Senate Rehabilitation and Social Services Committee, which meets at 8 a.m. in Senate Room A of the General Assembly Building. Comments can be emailed to the committee chairman, Sen. Schuyler VanValkenburg. The hearing can also be viewed remotely via the Virginia Senate Youtube page.
Final outcomes will be posted on the bill tracker page.
As always, anyone interested in sharing their experience with recovery housing is encouraged to reach out.
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