MARCO RUBIO 

COMMERCE, SCIENCE. AND
TRANSPORTATION

FOREIGN RELATIONS

   SELECT COMMITTEE ON INTELLIGENCE

WASHINGTON, DC 20510 SMALL BUSINESS AND
ENTREPRENEURSHIP

December 22, 2016

Mr. Gene L. Dodaro

Comptroller General of the United States

US. Government Accountability Of?ce (GAO)
441 Street NW - Room 7100

Washington, DC. 20548

Dear Mr. Dodaro:

I write to request that in the review of federal and state oversight of sober
living homes, you include in your ?nal report consideration of the Report on the
Proliferation of Fraud and Abuse in Florida?s Addiction Treatment Industry by the Palm
Beach County grand jury. The ongoing opioid epidemic has fueled the demand for
addiction treatment services, and as a result, there has been an increase in abuse and fraud
within this system.

The grand jury was tasked with making ?appropriate ?ndings and
recommendations on how these agencies can better perform their duties to ensure that
communities remain safe and individuals with substance use disorders are protected.?1
The grand jury investigated ?ve areas of concern in regulatory oversight and
enforcement: marketing; commercial group housing designed for persons in recovery
(also known as recovery residences, sober homes, or halfway houses); the ability of the
Florida Department of Children and Families to take action; the strength and clarity of the
patient brokering statute; and law enforcement?s ability to take actionz. As result of their
investigation, they issued 15 recommendations to combat the abuse and fraud within the
addiction treatment industry.

I request GAO assess the following 15 recommendations proposed by the Palm Beach
County grand jury, and include this assessment in the GAO report on federal and state oversight
of sober living homes:

1. Prohibit deceptive adVertising in the treatment industry and punish with new
criminal sanctions;

2. Require marketers and admissions personneI to be licensed;

Li)

Require DCF licenses and certi?cation for commercial recovery housing,
especially those that contract: with treatment providers;

 

1 
2 

9.

10.

15.

Eliminate the loophole that allows for patient referrals to go to uncertifred
recovery residences owned by a treatment provider;

Prohibit treatment providers from accepting patient referrals from uncertified
residences;

Treat the issuance of a license for substance abuse treatment as a privilege and not
a right;

Require credentials such as a background check for owning a treatment center;
Require a certi?cate of need for new treatment providers;

Raise regulatory fees within the industry to provide adequate resources for
woefully underfunded DCF and Florida Association of Recovery Residences

inspector;

Amend Florida law to prohibit the solicitation or receipt of any ?benefit? in
exchange for referrals or treatment;

. Increase criminal penalties and minimum fines for patient brokering;
. Create penalty enhancements for large?scale patient brokering;

. Give the Office of Statewide Prosecution jurisdiction to prosecute patient

brokering;

. Amend Florida law to allow disclosure of patient records without prior

noti?cation under the same circumstances as found in federal regulations; and.

Educate local law enforcement on privacy laws and promote better interagency
cooperation.

Abuse and fraud in the addiction treatment industry has exploded in concurrence with the
opioid epidemic that has swept our nation. Treatment services are crucial for getting those
suffering from substance use disorder on the path to recovery. The Palm Beach Grand Jury report
provides valuable insight to one of the states hit hardest by this epidemic, and offers ideas on
how states can confront the challenges of fraud and abuse in the addiction treatment industry.

Si cerely,

  

  

arco bio
US. Senator