HLS 19RS-724 REENGROSSED
2019 Regular Session
HOUSE BILL NO. 250
BY REPRESENTATIVES DAVIS, BILLIOT, TERRY BROWN, FOIL, GUINN,
HOFFMANN, LEBAS, MCFARLAND, STAGNI, STOKES, WHITE, AND
ZERINGUE
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 to enact R.S.
3 40:2153(15) and 2159.1, 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) are hereby amended and
15reenacted and R.S. 40:2153(15) and 2159.1 are 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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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. 40:2159.1.
14 * * *
15 §2159.1. Residential substance use disorder facilities
16 A. Each residential substance use disorder facility licensed pursuant to this
17 Part as a behavioral health services provider which provides treatment for opioid use
18 disorder shall provide all of the following:
19 (1) Onsite access to at least one form of FDA-approved opioid antagonist
20 treatment.
21 (2) Onsite access to at least one form of FDA-approved partial opioid agonist
22 treatment.
23 B. Each residential substance use disorder facility licensed pursuant to this
24 Part as a behavioral health services provider which provides treatment for opioid use
25 disorder shall submit to the department on its initial licensing application or its
26 annual licensing renewal application an attestation as to whether it is complying with
27 the requirements of Subsection A of this Section. The requirement for submission
28 of the attestation shall commence on January 1, 2021. If the licensed facility is not
29 fully complying with the requirements of Subsection A of this Section, then the
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1 attestation that the facility submits shall include a report addressing its progress
2 toward satisfying those requirements.
3 Section 2.(A) The Louisiana Department of Health shall not take any action to
4enforce the requirements of R.S. 40:2159.1(B), as enacted by Section 1 of this Act, prior to
5January 1, 2021.
6 (B) The Louisiana Department of Health shall not take any action against the license
7of a behavioral health services provider which holds a license on the effective date of this
8Act for failure to comply with the requirements of R.S. 40:2159.1(A), as enacted by Section
91 of this Act, prior to January 1, 2020.
10 Section 3. 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 Reengrossed 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:
(1)Onsite access to at least one form of FDA-approved opioid antagonist treatment.
(2)Onsite access to at least one form of FDA-approved partial opioid agonist treatment.
Proposed law requires each residential substance use disorder facility licensed pursuant to
present law which provides treatment for opioid use disorder to submit to the La.
Department of Health (LDH) on its initial licensing application or its annual licensing
renewal application an attestation as to whether it is complying with the requirements of
proposed law. Provides that the requirement for submission of the attestation shall
commence on Jan. 1, 2021. Provides further that if the licensed facility is not fully
complying with the requirements of proposed law, then its attestation shall include a report
addressing its progress toward satisfying those requirements.
Proposed law prohibits LDH from taking any action prior to Jan. 1, 2021, to enforce the
requirements of proposed law for residential substance use disorder facilities to submit
attestations to the department relative to their compliance with proposed law.
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Proposed law prohibits the LDH from taking any action prior to Jan. 1, 2020, against a
residential treatment facility licensed as of the effective date of proposed law for failure to
comply with proposed law.
Effective Jan. 1, 2020.
(Amends R.S. 40:2156(B)(intro. para.) and (6); Adds R.S. 40:2153(15) and 2159.1)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Retain and relocate proposed law within present law.
2. Delete proposed law indicating that residential substance use disorder facilities
may meet opioid use disorder treatment requirements of proposed law by
providing access to opioid antagonist treatment by referral.
3. Require that each residential substance use disorder facility licensed pursuant to
present law as a behavioral health services provider which provides treatment for
opioid use disorder submit to the LDH on its initial licensing application or its
annual licensing renewal application an attestation as to whether it is complying
with the requirements of proposed law. Provide that the requirement for
submission of the attestation shall commence on Jan. 1, 2021. Provide further
that if the licensed facility is not fully complying with the requirements of
proposed law, then its attestation shall include a report addressing its progress
toward satisfying those requirements.
4. Prohibit LDH from taking any action prior to Jan. 1, 2021, to enforce the
requirements of proposed law for residential substance use disorder facilities to
submit attestations to the department relative to their compliance with proposed
law.
5. Change the date on which LDH may begin taking actions against licensees to
enforce requirements of proposed law relative to the provision of opioid agonist
and antagonist treatment from Jan. 1, 2023, to Jan. 1, 2020.
6. Delete proposed law requiring the following:
(a)That LDH develop a monitoring mechanism to track and report on which
behavioral health services providers are complying with the requirements
of proposed law prior to commencement of enforcement of proposed law.
(b)That LDH offer technical assistance to behavioral health services
providers seeking to comply with proposed law prior to commencement
of enforcement of proposed law.
(c)That each behavioral health services provider subject to the requirements
of proposed law furnish to LDH, on or before Jan. 1, 2021, a report
addressing its progress toward satisfying proposed law.
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