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. 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.