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General Assembly Substitute Bill No. 5677
January Session, 2021
AN ACT CONCERNING TH E AVAILABILITY OF COMMUNITY
VIOLENCE PREVENTION SERVICES UNDER MEDIC AID.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2021) (a) As used in this section: 1
(1) "Community violence" means intentional acts of interpersonal 2
violence committed by individuals who are not intimately related to the 3
victim. 4
(2) "Community violence prevention services" means evidence-5
based, trauma-informed, supportive and nonpsychotherapeutic 6
services provided by a qualified violence prevention professional, 7
within or outside of a clinical setting, for the purpose of promoting 8
improved health outcomes and positive behavioral change, preventing 9
injury recidivism and reducing the likelihood that individuals who are 10
victims of community violence will commit or promote violence 11
themselves. "Community violence prevention services" may include the 12
provision of peer support and counseling, mentorship, conflict 13
mediation, crisis intervention, targeted case management, referrals to 14
certified or licensed health care professionals or social services 15
providers, patient education or screening services to victims of 16
community violence. 17
(3) "Prevention professional" has the same meaning as described by 18 Substitute Bill No. 5677
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the National Uniform Claim Committee (NUCC), or its successor, under 19
NUCC Code Number 405300000X. 20
(4) "Qualified violence prevention professional" means a prevention 21
professional who meets all of the conditions specified in subsection (c) 22
of this section. 23
(b) (1) On or before July 1, 2022, the Commissioner of Social Services, 24
in consultation with the Commissioner of Public Health, shall amend 25
the Medicaid state plan to make community violence prevention 26
services available, to the extent permitted by federal law, to any 27
Medicaid beneficiary who has: (A) Received medical treatment for an 28
injury sustained as a result of an act of community violence, and (B) been 29
referred by a certified or licensed health care provider or social services 30
provider to receive community violence prevention services from a 31
qualified violence prevention professional, after such provider 32
determines such beneficiary to be at elevated risk of a violent injury or 33
retaliation resulting from another act of community violence. 34
(2) The Commissioner of Social Services shall seek any federal 35
approvals necessary to implement this section, including, but not 36
limited to, any state plan amendments or federal waivers by the federal 37
Centers for Medicare and Medicaid Services. This subsection shall be 38
implemented only to the extent that federal financial participation is 39
available, and any necessary federal approvals have been obtained. 40
(c) Any prevention professional seeking certification as a qualified 41
violence prevention professional shall: 42
(1) Complete at least six months of full-time equivalent experience in 43
providing community violence prevention services through 44
employment, volunteer work or as part of an internship experience; 45
(2) Complete an accredited training and certification program for 46
qualified violence prevention professionals, approved in accordance 47
with subsection (d) of this section, or be certified as a violence 48
prevention professional by the Health Alliance for Violence 49 Substitute Bill No. 5677
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Intervention prior to October 1, 2021; 50
(3) Complete annually at least four hours of continuing education, 51
offered by the Health Alliance for Violence Intervention or any other 52
provider approved by the Commissioner of Public Health, in the field 53
of community violence prevention services; and 54
(4) Satisfy any other requirements established by the Commissioner 55
of Public Health for certification as a qualified violence prevention 56
professional. 57
(d) On or before January 1, 2022, the Department of Public Health 58
shall approve at least one governmental or nongovernmental 59
accrediting body with expertise in community violence prevention 60
services to review and approve training and certification programs for 61
qualified violence prevention professionals. The accrediting body shall 62
approve programs that such body determines, in its discretion, will 63
adequately prepare individuals to provide community violence 64
prevention services to individuals who are victims of community 65
violence. Such programs shall include at least thirty-five hours of 66
training, collectively addressing all of the following: 67
(1) The profound effects of trauma and violence and the basics of 68
trauma-informed care; 69
(2) Community violence prevention strategies, including, but not 70
limited to, conflict mediation and retaliation prevention related to 71
community violence; 72
(3) Case management and advocacy practices; and 73
(4) Patient privacy and the federal Health Insurance Portability and 74
Accountability Act of 1996, P.L. 104-191, as amended from time to time, 75
(HIPAA). 76
(e) Any entity that employs or contracts with a qualified violence 77
prevention professional to provide community violence prevention 78 Substitute Bill No. 5677
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services shall: 79
(1) Maintain documentation that the qualified violence prevention 80
professional has met all of the conditions described in subsection (c) of 81
this section; and 82
(2) Ensure that the qualified violence prevention professional is 83
providing community violence prevention services in compliance with 84
any applicable standards of care, rules, regulations and governing law 85
of the state or federal government. 86
(f) Nothing in this section shall alter the scope of practice for any 87
health care professional or authorize the delivery of health care services 88
in a setting or in a manner that is not currently authorized. 89
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 New section
Statement of Legislative Commissioners:
In Section 1(a)(2) and Section 1(a)(3) the definitions of "Community
violence prevention services" and "Prevention professional" were
redrafted for clarity and consistency with standard drafting
conventions.
PH Joint Favorable Subst. -LCO