Kentucky Statutes 222.502 – Certification required for residences promoting recovery from substance use disorder — Exceptions
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(1) (a) Effective July 1, 2024, no individual or entity shall, except as provided in subsection (2) of this section, establish, operate, or maintain a recovery residence, recovery home, sober living residence, alcohol, illicit drug, and other intoxicating substance-free home for unrelated individuals, or any other similarly named or identified residence that promotes substance use disorder recovery through abstinence from intoxicating substances or represent, promote, advertise, or otherwise claim to operate a recovery residence, recovery home, sober living residence, alcohol, illicit drug, and other intoxicating substance-free home for unrelated individuals, or any other similarly named or identified residence that promotes substance use disorder recovery through abstinence from intoxicating substances unless that individual or entity has:
1. Been certified by a certifying organization; and
2. Provided proof of certification by a certifying organization to the cabinet in a form and manner prescribed by the cabinet.
(b) The provisions of this subsection shall not apply to:
1. A recovery residence that is recognized as a part of the Recovery Kentucky Program administered by the Kentucky Housing Corporation; or
2. A recovery residence that is:
a. Owned or operated by an entity that is exempt, in part or in whole, pursuant to 42 U.S.C. § 3607 or 12187 from compliance with the Americans with Disabilities Act, Pub. L. No. 101-336, or the Fair Housing Act, Pub. L. No. 100-430; and
b. Affiliated with a religious institution that is organized under 26
U.S.C. sec. 501(c) for charitable religious purposes;
unless the recovery residence accepts Medicare or Medicaid funds. (2) Notwithstanding subsection (1) of this section:
(a) A recovery residence operating without certification from a certifying organization on June 30, 2024, shall be permitted to continue to operate until December 31, 2024, if the recovery residence provides the cabinet with proof that it initiated a certification process with a certifying organization prior to July 1, 2024; and
(b) A recovery residence that seeks to begin operating after July 1, 2024, may be permitted by the cabinet to operate for a period of not more than six (6) months if the recovery residence provides the cabinet with proof that it has initiated a certification process with a certifying organization.
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 85, sec. 2, effective June 29, 2023.
1. Been certified by a certifying organization; and
Terms Used In Kentucky Statutes 222.502
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 222.005
- Program: means a set of services rendered directly to the public that is organized around a common goal of either preventing, intervening, or treating substance use disorder problems. See Kentucky Statutes 222.005
- Substance use disorder: means a cluster of cognitive, behavioral, and physiological symptoms indicating that the individual continues using the substance despite significant substance-related problems. See Kentucky Statutes 222.005
2. Provided proof of certification by a certifying organization to the cabinet in a form and manner prescribed by the cabinet.
(b) The provisions of this subsection shall not apply to:
1. A recovery residence that is recognized as a part of the Recovery Kentucky Program administered by the Kentucky Housing Corporation; or
2. A recovery residence that is:
a. Owned or operated by an entity that is exempt, in part or in whole, pursuant to 42 U.S.C. § 3607 or 12187 from compliance with the Americans with Disabilities Act, Pub. L. No. 101-336, or the Fair Housing Act, Pub. L. No. 100-430; and
b. Affiliated with a religious institution that is organized under 26
U.S.C. sec. 501(c) for charitable religious purposes;
unless the recovery residence accepts Medicare or Medicaid funds. (2) Notwithstanding subsection (1) of this section:
(a) A recovery residence operating without certification from a certifying organization on June 30, 2024, shall be permitted to continue to operate until December 31, 2024, if the recovery residence provides the cabinet with proof that it initiated a certification process with a certifying organization prior to July 1, 2024; and
(b) A recovery residence that seeks to begin operating after July 1, 2024, may be permitted by the cabinet to operate for a period of not more than six (6) months if the recovery residence provides the cabinet with proof that it has initiated a certification process with a certifying organization.
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 85, sec. 2, effective June 29, 2023.