Sober homes in the West Palm Beach area are confused about the controversial requirements for day/night community providers. Is FARR certification mandatory or not. The controversy is being fueled by the new questionable laws that were passed and by random, misleading emails from organizations within the drug and alcohol addiction treatment industry. There have even been personal derogatory remarks and biased opinions omitting facts for personal interest. Such remarks only demonstrate poor professionalism and poor character. Behavioral Health Network Resources stance is not to interpret either side, but to provide quality information from credible sources. We felt it was our responsibility to educate providers on this controversial matter. We have invited Florida Healthcare Law Firm as our guest at the Addiction Ethical Marketing Practices conference on 6/27/18. We have also posted the Top Five Criteria for Sober Homes in West Palm Beach to assist in guiding many to ethical sober livings.
Are Sober Homes and Sober Livings Required to be FARR Certified?
Sober homes and half way houses have been under great scrutiny for over a year. The Sober Homes Task Force has brought regulations and investigations. The main focus has been to help protect the vulnerable using legal prosecution, heavy fines, felony charges and jail time. Although they have been quite they are investigating body brokering and building cases. In addition, Congress is investigating 8 drug rehab call centers and demanding documentation on how they have been operating. Congress sent these drug rehab call centers letters requesting detailed and in-depth answers to ten questions. Even with all the new laws and regulations there are still some gray areas. One of these gray areas is whether sober homes providing day and night treatment in the West Palm Beach area are required by law to have FARR certification.
Interpretation of any law should be made by a specialized attorney. Relying on second hand information or information from your peers could cost you dearly. In light of the mis-informed emails we have seen, we decided to speak with Florida Healthcare Law Firm, a popular panelist at Behavioral Health Network Resources Ethical Marketing Practices conferences. This what they had to say;
We filed a petition for a declaratory statement on behalf of a day/night community housing client to get a declaratory statement from DCF in one direction or the other and it has NOT been resolved yet.
The recent petition for Declaratory Statement filed with the Department of Children and Families on behalf of Amethyst Recovery Center focuses on one thing: whether the FARR certification requirements for Recovery Residences also apply to facilities licensed by DCF to provide Day and Night treatment with community housing and to Res-5 housing. A review of FARR recovery residence certification shows that there is significant conflict with DCF requirements for licensure of treatment facilities that have a housing component. There are no referrals to and from the community housing component of Day and Night or for Res 5: patients are simply housed under the DCF licensed component while in treatment. Referrals from Recovery Residences to addiction treatment facilities are generally made for individuals who are seeking treatment, not for housing.
When asked about why Amethyst filed for clarification, Pamela Springer, Chief Operating Officer with Amethyst Recovery Center stated, “Amethyst supports FARR’s mission and the State of Florida’s requirement for recovery residence certification. However, thus far, DCF has indicated to Amethyst Recovery Center that it does not require FARR certification for licensed community housing. FARR has stated to us and other providers that Day and Night treatment with community housing must obtain FARR certification or they will be in violation of the law. This is the reason we sought clarification from DCF”.
Day and Night Treatment Providers with community housing may make referrals for individuals who have completed inpatient treatment, requiring them to step down to an outpatient provider. Many times, clients desire to live in a recovery residence to maintain their sobriety. In that case, it would be appropriate for the Day and Night Treatment Provider to refer to a FARR-certified recovery residence.
Are Insurance Companies Involved with the Confusion?
That much is clear. What is less clear is whether the FARR position will be used as another way for insurers to drive providers out of business. One of the things the addiction treatment industry has seen a lot of in recent years is insurance companies using allegations of regulatory non-compliance as a method of red flagging, auditing and refusing to pay (and recouping payments) for addiction treatment. Is this latest complication in the addiction treatment industry an opportunity for insurers to do the same thing? Is it reasonable to expect that large insurer that covers much of a provider’s operating costs will use the alleged FARR certification as a basis for jamming up their cash flow and squeezing operations?
If history teaches anything, it’s to learn from it. The addiction treatment industry can’t afford to sit idly by and watch. Uniform application of the law is essential to avoid unfair, unreasonable and unintended results. Contact us to find out how to join and make your voice heard.
Are Sober Homes and Sober Livings Required to be FARR Certified or Not?
Attorneys from the Florida Healthcare Law Firm will hold a live call to present an urgently needed update regarding FARR certification. We highly suggest that all addiction treatment centers offering day/night treatment and sober homes tune into the webinar from Florida Healthcare Law Firm on June 26,2018 from 2 pm – 3 pm and get correct information concerning the critical confusion. You can also contact Autumn Piccolo at 561.455.7700 x112.
We have invited Florida Healthcare Law Firm to speak to our 150+ attendees to help clarify the FARR controversy. Join us, Florida Healthcare Law Firm, 5 Executive Thought Leader Panelists, Gilead and our 16 exhibitors at our next addiction Ethical Drug Rehab Marketing Practices addiction conferences on June 27, 2018. This conference will address the FARR issue and provide business intelligence on billing, collections, marketing and aftercare.