A judge has ordered an Ohio company to stop providing specialized “recovery housing” for people struggling with addiction at several properties it owns in the Portsmouth area.
Scioto County Judge Howard Harcha sided with state officials, ruling that Step Wellness failed to register seven company-owned properties in a mandatory state database. The Ohio Department of Behavioral Health sued the company in October, as previously reported by Signal Ohio, saying the failure might help Step Wellness and an affiliate, AYG Properties, skirt state safety regulations. The move came a few months after state officials received complaints from residents about the houses’ conditions.
The judge’s order is what’s called a preliminary injunction, which will remain in place while the case is ongoing. A court hearing for what’s called a permanent injunction is set for next month.
Here’s a copy of the full order, issued on Nov. 26:
Portsmouth, which anchors Scioto County, was a central location for the opioid epidemic that began in the 2000s. That’s why recovery homes like Step Wellness, which offer a type of transitional housing for people receiving addiction treatment, are proliferating in the area – often without what local officials describe as adequate regulation.
The company’s response
In an emailed statement, Step Wellness owner Cindy Mild said the judge’s order only applies to seven of its residential properties – the state initially had sought to close down 10.
Mild also said the order doesn’t require Step Wellness to actually close the seven properties – it just can no longer call them “recovery housing.” This will make those locations ineligible to receive court referrals though – a main source of clients for these types of properties.
“Individuals may continue to reside in those homes; the current restriction is that those specific locations cannot currently be identified as “recovery housing,’” Mild said. “Residents of these homes have been updated throughout this process. Other AYG Properties locations remain unaffected and may continue to be identified as recovery housing.”
In addition, Mild said the order doesn’t affect her companies’ other business of providing addiction treatment services.
Mild said her company had filed all necessary paperwork with the state before the court hearing where the judge issued his order. But she said the issue had to do with the timing of when it filled out a particular state form.
“Our intention has always been – and continues to be – to work collaboratively with both agencies,” said Mild, referencing the state Department of Behavioral Health and Ohio Recovery Housing, a private nonprofit organization that helps the state administer its recovery housing program. “We respectfully request clarification on any remaining steps needed to move forward and fully resolve this matter.”
“We remain committed to meeting all standards, supporting individuals in recovery, and maintaining open, professional communication with all regulatory partners,” Mild said.
State flags case for prosecutors
State officials have suggested to local prosecutors that they consider seeking criminal charges against Step Wellness.
Meredith Cameron, an ODBH official, wrote a Dec. 4 letter to Scioto County Prosecutor Shane Tieman informing him of the judge’s ruling. Cameron also reminded him that state law “makes it a first-degree misdemeanor to operate a recovery housing residence without accreditation.”
“While decisions around filing charges are fully within your discretion, we wanted to make you aware of the situation as a courtesy,” Cameron wrote.
Agency spokesman Eric Wandersleben said ODBH has a “clear and unwavering responsibility to protect the health and safety of Ohioans.”
“This includes holding recovery housing residences accountable by ensuring they are operating with proper accreditation,” Wandersleben said.
In an email, Tieman said his office does not have authority to pursue misdemeanor criminal charges. But, he said he’s referred the situation to Portsmouth city prosecutors.
“I have advised local law enforcement that they can file misdemeanor charges if any of those recovery houses continue to operate while under injunctive relief,” Tieman said. He added the court could find the company in contempt if it violates the judge’s orders.
“Hopefully, the respondents will comply with the orders,” Tieman said.
State Rep. Justin Pizzulli, a Portsmouth Republican who’s proposed changing state law to more tightly regulate recovery housing, said he’s pleased with the ruling.
But, Pizzulli said the state took too long to act against the company after complaints were initially filed in May.
“It took a state rep introducing a bill and raising enough stink for the last several months to get something done,’ Pizzulli said. “We feel like this is a good start, but it’s not a solution.”
