HLS 19RS-724 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 250
BY REPRESENTATIVE DAVIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH/BEHAVIORAL: Requires residential treatment facilities to provide access to
medication-assisted treatment for patients with opioid use disorder
1 AN ACT
2To amend and reenact R.S. 40:2156(B)(introductory paragraph) and (6) and 2159 and to
3 enact R.S. 40:2153(15), relative to behavioral health services providers; to provide
4 relative to licensure and regulation of such providers by the Louisiana Department
5 of Health; to establish requirements for residential facilities licensed as behavioral
6 health services providers which provide treatment for opioid use disorder; to prohibit
7 certain actions against behavioral health services provider licenses prior to a specific
8 date; to require the Louisiana Department of Health to furnish technical assistance
9 to certain providers relative to opioid use disorder treatment; to require certain
10 providers to submit reports to the Louisiana Department of Health concerning such
11 treatment; to provide for definitions; to provide for an effective date; and to provide
12 for related matters.
13Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 40:2156(B)(introductory paragraph) and (6) and 2159 are hereby
15amended and reenacted and R.S. 40:2153(15) is hereby enacted to read as follows:
16 §2153. Definitions
17 For the purposes of this Part, and subject to the provisions of R.S. 40:2154,
18 unless the context otherwise clearly indicates, the following terms shall have the
19 following meanings:
20 * * *
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HB NO. 250
1 (15) "FDA" means the Food and Drug Administration of the United States
2 Department of Health and Human Services.
3 * * *
4 §2156. Rules and regulations; licensing standards; fees
5 * * *
6 B. The department shall prescribe, promulgate, and publish rules,
7 regulations, and licensing standards for behavioral health services providers. The
8 rules, regulations, and licensing standards shall include but are not limited to the
9 following:
10 * * *
11 (6) Treatment priorities, as well as residential and outpatient criteria, and
12 residential treatment program requirements including, without limitation, those
13 provided in R.S. 40:2159.
14 * * *
15 §2159. Opioid treatment programs; facility-need review; residential treatment
16 program requirements
17 A. The department shall not license any an opioid treatment programs
18 program under the behavioral health services provider license unless the department,
19 in its discretion, determines that there is a need for another opioid treatment the
20 program in a certain geographic location. The department has promulgated and
21 adopted shall promulgate rules and regulations in accordance with the Administrative
22 Procedure Act to provide for the criteria and processes for determining whether such
23 a need exists and the procedures for selecting an opioid treatment program or
24 programs to be licensed once a need has been determined.
25 B. Each residential facility licensed pursuant to this Part which provides
26 treatment for opioid use disorder shall provide all of the following:
27 (1) Onsite access to at least one form of FDA-approved opioid agonist
28 treatment.
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HB NO. 250
1 (2) Access to at least one form of FDA-approved opioid antagonist treatment
2 either onsite or by referral.
3 Section 2.(A) The Louisiana Department of Health shall not take any action against
4the license of a behavioral health services provider which holds a license on the effective
5date of this Act for failure to comply with the requirements of R.S. 40:2159(B), as enacted
6by Section 1 of this Act, prior to January 1, 2023.
7 (B) The Louisiana Department of Health shall develop a monitoring mechanism to
8track and report on which behavioral health services providers are complying with the
9requirements of R.S. 40:2159(B), as enacted by Section 1 of this Act, during the limited
10moratorium on actions against provider licenses provided in this Section.
11 (C) The Louisiana Department of Health shall offer technical assistance to
12behavioral health services providers seeking to comply with the requirements of R.S.
1340:2159(B), as enacted by Section 1 of this Act, during the limited moratorium on actions
14against provider licenses provided in this Section. Such technical assistance may include
15buprenorphine waiver training, administrative support, and other guidance as requested by
16participating providers.
17 Section 3. On or before January 1, 2021, each behavioral health services provider
18subject to the requirements of R.S. 40:2159(B), as enacted by Section 1 of this Act, shall
19furnish to the Louisiana Department of Health a report addressing its progress toward
20satisfying those requirements.
21 Section 4. This Act shall become effective January 1, 2020.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 250 Engrossed 2019 Regular Session Davis
Abstract: Requires residential treatment facilities licensed pursuant to the Behavioral
Health Services Provider Licensing Law to provide access to medication-assisted
treatment for patients with opioid use disorder.
Proposed law requires each residential treatment facility licensed pursuant to present law,
R.S. 40:2151 et seq., which provides treatment for opioid use disorder to provide all of the
following:
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HB NO. 250
(1)Onsite access to at least one form of FDA-approved opioid agonist treatment.
(2)Access to at least one form of FDA-approved opioid antagonist treatment either
onsite or by referral.
Proposed law prohibits the La. Department of Health (LDH) from taking any action prior
to Jan. 1, 2023, against a residential treatment facility licensed as of the effective date of
proposed law for failure to comply with proposed law.
Proposed law requires LDH to develop a monitoring mechanism to track and report on
which providers are complying with the requirements of proposed law.
Proposed law requires LDH to offer technical assistance to providers seeking to comply with
the requirements of proposed law.
Proposed law requires each provider subject to proposed law to furnish to LDH a report on
or before Jan. 1, 2021, which addresses its progress toward satisfying the requirements of
proposed law.
Eff. Jan. 1, 2020.
(Amends R.S. 40:2156(B)(intro. para.) and (6) and 2159; Adds R.S. 40:2153(15))
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