HB646 is not the right solution to the opioid addiction crisis. It will create more problems rather than solving existing ones. • VA Code § 15.2-2291 requires that assisted living facilities and group homes with eight or fewer residents, licensed by the Virginia Department of Behavioral Health and Developmental Services (DBHDS), be considered as residential occupancy by a single family for purposes of local zoning ordinances. These group homes can be established for individuals with mental illness, intellectual disability, or developmental disabilities, but the statute expressly prohibits housing individuals who currently use illegal drugs or who are addicted to controlled substances. • VA Code § 15.2-2291 is being abused and exploited by “Big Rehab,” an industry that is reaping enormous profits at the expense of both their patients and our communities. The statute was intended to afford persons with various developmental, physical, and/or mental health disabilities the opportunity to live semi-independently as our neighbors in single family communities. Instead, large for-profit companies are improperly operating what are actually medical care facilities, as defined by Virginia Code § 32.1-3, under the guise of group homes for disabled persons. • HB646 would remove the prohibition on establishing facilities for persons addicted to a controlled substance. Operators with DBHDS group home licenses are already using “dual diagnosis” to evade the prohibition, by housing individuals with both mental illness and substance addiction conditions. HB646 may permit the operation of facilities for drug abuse and addiction without applying for the DBHDS license currently required. • Residential neighborhoods are not compatible with these types of facilities. • Residents of neighborhoods where these facilities have been established have reported numerous problems, including: inadequate supervision of patients; trespassing on private property (including entering homes uninvited); interference with vehicular traffic; extraordinary numbers of calls to emergency services; medical and drug paraphernalia left in the open; and other serious and potentially dangerous nuisances. • For-profit companies based out of state are buying up single family homes and turning them into “luxury” treatment centers. They churn groups of eight patients through these so-called group homes every 45 days. These are patients, not residents, not neighbors, not members of the community, but patients. They aren’t establishing a home or permanent residence in our community. Patients are recruited for short-term mental illness and/or addiction treatment, usually paid for by their medical insurance, and released based on how long a stay in residential treatment their insurance will cover, not based on clinical progress.

Passage of this bill would enable for-profit rehabs, private equity firms, and insurance companies to make untold millions of dollars using questionable care providers to provide short-term medical care for people with drug addictions (and potentially also severe mental illness include schizophrenia and bipolar disease) in residential neighborhood group homes. This is currently what is happening in my peaceful Fairfax County neighborhood. VA Code § 15.2-2291 was intended to enable people with various developmental, physical, and/or mental health disabilities the opportunity to live semi-independently as our neighbors in single family communities, which is responsible and logical. Instead, large out-of-state private equity firms are buying homes in residential neighborhoods and leasing them to luxury rehab operators who are improperly churning out medical patients on a 45 day transient basis. These are commercial medical care facilities NOT residential group homes. These companies are using “dual diagnosis” criteria to evade the prohibition against housing people who are addicted to controlled substances, therefore housing individuals with both mental illness AND substance addiction in Virginia neighborhoods. Passage of HB646 would make opening for-profit rehab homes in Virginia neighborhoods even easier. Such residential based rehabs have wreaked havoc in other communities across the nation - google it. It should be noted that these treatment centers are not in the best interest of those they claim to be treating. There is no empirical evidence that supports the success of these short term ‘luxury’ rehabs. Patients are charged $10,000 a week for these luxury rehab programs in upscale residential neighborhoods, complete with private chef, yoga instructors, equine therapy, etc. However, when patients arrive, they receive a fraction of the care that was advertised. Additionally, these for-profit lux rehabs cut costs by offering low-wages, high turnover, and operating understaffed, which creates significant safety concerns for patients and the surrounding residential neighborhoods. These for-profit businesses make their money by providing the cheapest level of care, resulting in inadequate treatment and expertise. Customers of these commercial med facilities are entitled to use all of our shared common spaces such as trails, parks, and playgrounds. Our HOA pays the costs of maintaining these areas for their shareholders’ profit! In November 2023, an out-of-state private equity firm bought a home in my Fairfax County subdivision, and promptly leased it to a California-based luxury rehab company. The transient patients are not even all Virginia residents, rather they are shipped in from other states. These rehabs often hunt and recruit patients to fill their bedspace at $10,000 a week. They lose money if beds are left empty. As evidenced by VA court filings, the Protect Loudoun movement, and recent testimony at the Fairfax County Board of Zoning Appeals, other Virginia neighborhoods are going through the same situation. These facilities in Virginia are dramatically negatively impacting the lives of long-term residents in these neighborhoods, including disoriented unsupervised patients entering neighbor’s homes, threatening neighbors, dramatic influxes of vehicular traffic on narrow residential/private streets, and an inordinate amount of emergency 911 calls which have generated ambulance, police, and fire truck activity.

As a homeowner currently living next door to a gated luxury rehabilitation treatment campus with 3 mansions on 25 acres, passing HB646 would be yet another thorn in our residential community’s side. That these for-profit facilities are infiltrating neighborhoods all over the country by charading as “by-right” group homes is bad enough; they advertise treatments for over 50 mental health issues, including, anger management, sexual addiction, anxiety, depression, PTSD, mood disorders, borderline personality disorder, low self esteem, to name a few. And your bill wants to allow drug abuse treatment patients to this parade?? My family has acreage we lease to a non-profit care farm, which employs young adults with intellectual and developmental challenges. They farm land right next to this facility, within 150” of one of the houses. We have already had a couple of patients from the facility trespass on our property, close to the challenged workers, while trying to leave the facility treatment program without authorization. Even just viewing patients being chased by vehicle and facility employees can be extremely disturbing to our workers. The non-profit may have to relocate or cease operating entirely if their safety becomes an issue. And you want to add prescription and opioid drug abuse to the mix? HB646 should NOT be passed; it will erode neighborhoods and communities all over Virginia. We are not denying that many people do require serious treatment for drug and/or alcohol abuse, but they should be treated in a clinical or medical setting, not a residential community.

Please oppose HB646. This bill will have negative consequences our our community, residents, and those seeking treatment. Virginia Code 15.2-2291 does not, and should not supersede local zoning laws. Furthermore, substance abuse should not be treated in by-right group homes as many of these homes are located in rural areas without the proper access to medical facilities and medical professionals to oversea such treatment. Please protect our residential neighborhoods by keeping them residential and not allowing commercial treatment facilities to take over.

Comments Document

HB646 should be tabled until a ruling is issued as much of the language in this proposed bill relates to the pending litigation before the Court of Appeals of Virginia.   There is currently an appeal pending in the Court of Appeals of Virginia (Record Nos. 1161-23-4 & 1164-23-4) regarding the language of 15.2-2291 with a hearing date set for September 17 and 18, 2024.  (attached) The commercialization of residential neighborhoods was never the intent of 15.2-2291. In addition, it is noteworthy that the proposed new subsection “C” would contradict the prohibition in subsection A that disability “shall not include current illegal use or addiction to a controlled substance”. This is because addiction is not synonymous with current use.  Courts have recognized that the state of addiction is based on a history of use without rehabilitation and  period of abstinence.  Yet, the proposed legislation would allow persons who are addicted (those with “substance abuse disorder”) to reside in residential zones in contradiction to the prohibition in Subsection A.  The legislation would, in other words render the new Subsection C in conflict with the prohibition in Subsection A.

Protect Loudoun is a group of over 150 families in Northern Virginia, with over 1,000 petition signatures, writing to make you aware of the extremely negative and potentially harmful impact the proposed House Bill HB646 would have on Virginia communities. Not all group homes should treat drug addiction. While this bill may have been proposed with the best of intentions, the reality of allowing every state and federally protected group home to treat drug addiction “by-right” would have devastating consequences. This bill would only serve to help private equity backed rehab companies further their abuse of Virginia’s group home protections. For the past three years our community has been objecting to Monroe Real Estate, LLC/Newport Institute who bought up an entire gated subdivision, plus an undeveloped lot, in an agricultural zone where congregate/campus activity is fully prohibited. They have claimed state and federal protections for separate “by-right” group homes while neighbors continue to document campus activity to no avail. In 2019, Newport /Monroe RE, LLC attempted to operate from a row of three homes in McLean and were stopped by Fairfax County Zoning who determined “This is most similar to a congregate living facility”, and required a special permit in that zone. Newport/ Monroe RE, LLC did not seek permits, instead they sold those homes and in 2021 again tried for a three home campus in Virginia, but this time in Loudoun County. When Loudoun Zoning blundered then doubled down on their decision, our community came together to file a zoning appeal and now have a case that will be heard by the Virginia State Appeals Court this year. Again, not all group homes should treat drug addiction. There are specific zones within each county, deemed appropriate and safe by local zoning authorities and those careful and non-discriminatory considerations should NOT be negated by state politicians who do not have the insight into the real impacts of allowing profit-driven companies to dictate where rehab facilities can operate. This bill would shift important decisions from local officials to shareholder focused companies that do not care about their impact upon communities. We encourage you to visit www.protectloudoun.com and learn what we, and other communities in Virginia, have been dealing with. Please help us stop the bastardization of group home protections for profit. Do not provide a path for this issue to escalate. Drug treatment is important, and we need and rely on our local and state laws to ensure the safety of those seeking treatment, as well as those living nearby. Additionally these facilities need to be located near the proper support facilities. Lastly, these companies do not need help to add drug treatment. We already have evidence that they are being advertised and listed as drug treatment centers even when that currently negates their permits of “by-right” group home use in Virginia. While this bill would end a charade for many companies doing and saying whatever it takes to operate, it would most certainly escalate and exacerbate the issue across the state. Our situation has been handled abhorrently by local officials. We are seeking help from our State officials to empower them to stand up to private equity intimidation, not to give them more reasons to shrink away from their duties. This bill will have terrible consequences for those seeking care and nearby residents alike.

As a working mother who cares deeply about Virginia neighborhoods, I am writing to voice serious concern about HB646. Passage of this bill would enable insurance companies to make untold millions of dollars by providing short-term medical care for people with drug addictions (and potentially also severe mental illness include schizophrenia and bipolar disease) in residential neighborhood group homes. This is currently what is potentially about to happen 300 feet from my own home in Fairfax County and I am distraught. VA Code § 15.2-2291 requires that assisted living facilities and group homes with eight or fewer residents be considered as residential occupancy by a single family for purposes of local zoning ordinances. These group homes can be established for individuals with mental illness, intellectual disability, or developmental disabilities, but the statute expressly prohibits housing individuals who currently use illegal drugs or who are addicted to controlled substances. Instead, large for-profit companies are buying homes in residential neighborhoods like mine (in VA and elsewhere) and leasing them to luxury rehab companies who are improperly operating what are in truth medical care facilities. Companies are citing a “dual diagnosis” to evade the prohibition against housing people who are addicted to controlled substances by housing individuals with both mental illness AND substance addiction in Virginia neighborhoods. Passage of HB646 would make opening for-profit luxury rehab homes in Virginia neighborhoods even easier. VA Code § 15.2-2291 is already being shamelessly exploited by for-profit rehab companies who are buying homes in neighborhoods like mine in Virginia and turning normal neighborhoods into rehab zones with up to 8 mentally ill patients cycling through these "luxury rehab" centers for 30-45 days. In November 2023, an Ohio-based "health care real estate" company bought a home 2 doors down from my home in Fairfax County, and promptly leased it to a California-based luxury rehab company. This rehab company charges patients (and their insurance companies) tens of thousands of dollars for a 30 - 45 day stay. As evidenced by VA court filings and testimony at Zoning Board hearings where other Virginia neighborhoods are going through the same situation, these facilities in Virginia are dramatically negatively impacting the lives of long-term residents in these neighborhoods, including by patients trespassing, dramatic influxes of vehicular traffic on narrow neighborhood streets, and an inordinate amount of emergency 911 calls which have generated hugely increased ambulance, police, and fire truck activity to specific rehab homes. These patients cannot logically be considered "residents" as envisioned under the VA Code cited above, but transitory patients being churned through "luxury rehab" outfits. HB646 would only aggravate this serious problem. As a Federal government employee who has worked and saved for years to buy and afford my home in a safe and quiet Virginia neighborhood in a great school district in which my husband (also a Federal government employee) and I could raise our two young boys, it is utterly astonishing that our peace, quality of life, and potentially our family's safety could be so degraded because of misinformed laws that enable a commercial rehab company to move in right down the street. Please help us control this escalating problem by voting NO to HB646.