HLS 20RS-1092 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 803
BY REPRESENTATIVE MARCELLE
HEALTH/BEHAVIORAL: Provides relative to substance use disorder treatment for
pregnant women
1 AN ACT
2To amend and reenact R.S. 40:2156(B)(4) and to enact R.S. 40:2159.2, relative to cocaine
3 treatment programs for pregnant women; to provide requirements for treatment
4 facilities licensed as behavioral health services providers that provide behavioral
5 intervention for cocaine use disorder to pregnant women; to prohibit certain actions
6 against behavioral health services provider licenses prior to a specific date; to
7 provide an effective date; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 40:2156(B)(4) is hereby amended and reenacted and R.S. 40:2159.2
10is hereby enacted to read as follows:
11 §2156. Rules and regulations; licensing standards; fees
12 * * *
13 B. The department shall prescribe, promulgate, and publish rules,
14 regulations, and licensing standards for behavioral health services providers. The
15 rules, regulations, and licensing standards shall include but are not limited to the
16 following:
17 * * *
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1 (4) Practice standards to assure the health, safety, welfare, and comfort of
2 persons receiving care and services, including pregnant women as provided for in
3 R.S. 40:2159.2.
4 * * *
5 §2159.2. Substance use disorder facilities treating pregnant women
6 A.(1) Each substance use disorder facility licensed pursuant to this Part as a
7 behavioral health services provider that provides treatment for cocaine use disorder
8 to pregnant women shall provide onsite behavioral intervention.
9 (2) For purposes of this Section, "onsite behavioral intervention" shall mean
10 approaches located at the substance use disorder facility which help engage patients
11 in drug abuse treatment, provide incentives for the patient to remain abstinent,
12 modify their attitudes and behaviors related to drug abuse, and increase their life
13 skills to handle stressful circumstances and environmental cues. "Onsite behavioral
14 intervention" includes but is not limited to contingency management, cognitive-
15 behavioral therapy, therapeutic communities, or community-based recovery groups.
16 (3) A substance use disorder facility shall not be found to be in violation of
17 this Section if prior authorization from a patient's health insurer, including the
18 Medicaid program, is required and the preapproval request is denied by the patient's
19 health insurer.
20 B. Each substance use disorder facility licensed pursuant to this Part as a
21 behavioral health services provider which provides treatment for cocaine use
22 disorder to pregnant women shall submit to the department on its initial licensing
23 application or its annual licensing renewal application an attestation as to whether
24 it is complying with the requirements of Subsection A of this Section. The
25 requirement for submission of the attestation shall commence on January 1, 2021.
26 If the licensed facility is not fully complying with the requirements of Subsection A
27 of this Section, then the attestation that the facility submits shall include a report
28 addressing its progress toward satisfying those requirements.
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HB NO. 803
1 Section 2.(A) The Louisiana Department of Health shall not take any action to
2enforce the requirements of R.S. 40:2159.2(B), as enacted by Section 1 of this Act, prior to
3January 1, 2021.
4 (B) The Louisiana Department of Health shall not take any action against the license
5of a behavioral health services provider which holds a license on the effective date of this
6Act for failure to comply with the requirements of R.S. 40:2159.2(A), as enacted by Section
71 of this Act, prior to January 1, 2021.
8 (C) The Louisiana Department of Health shall monitor provider compliance with the
9requirements of R.S. 40:2159.2(A), as enacted by Section 1 of this Act, to ensure continued
10access to treatment for pregnant women and report annually to the House and Senate
11committees on health and welfare the number of pregnant women receiving behavioral
12intervention for cocaine use disorder and the number of providers licensed to provide that
13treatment prior to the Act going into effect and each year thereafter.
14 Section 3. This Act shall become effective on January 1, 2021.
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 803 Original 2020 Regular Session Marcelle
Abstract: Provides for treatment programs for pregnant women who have a cocaine use
disorder.
Present law provides for the licensure of behavioral health service providers by the La. Dept.
of Health (LDH).
Proposed law retains present law and adds specific licensure requirements for substance use
disorder facilities that treat pregnant women.
Proposed law requires substance use disorder facilities that treat pregnant women to provide
behavioral interventions for those women who have a cocaine use disorder.
Proposed law defines onsite behavioral intervention.
Proposed law provides that the substance use disorder facility shall not be in violation of
proposed law if the pregnant woman's health insurance does not cover the cost of the
treatment.
Proposed law provide that substance use disorder facilities shall assess their compliance with
proposed law or progress towards compliance in their initial license application or upon
license renewal.
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Proposed law prohibits enforcement by the LDH until Jan. 1, 2021. Further provides that the
LDH shall submit a report to the House and Senate health and welfare committees on the
number of pregnant women receiving behavioral intervention for cocaine use disorder and
the number of provider licensed to provide that treatment prior to and after implementation
of proposed law.
Effective Jan. 1, 2021.
(Amends R.S. 40:2156(B)(4); Adds R.S. 40:2159.2)
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