Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1967 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3275 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1967
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Ruth B. Balser
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act regarding consistent care for addiction rooted in evidence.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Ruth B. Balser12th Middlesex1/20/2023John F. KeenanNorfolk and Plymouth1/20/2023Lindsay N. Sabadosa1st Hampshire2/10/2023Danillo A. Sena37th Middlesex2/17/2023 1 of 8
16	16	HOUSE DOCKET, NO. 3275 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1967
18	18	By Representative Balser of Newton, a petition (accompanied by bill, House, No. 1967) of Ruth
19	19	B. Balser and others for legislation to provide medication for addiction treatment to certain
20	20	incarcerated persons. Mental Health, Substance Use and Recovery.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act regarding consistent care for addiction rooted in evidence.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 1 of chapter 127 of the General Laws, as appearing in the 2018
30	30	2Official Edition, is hereby amended by striking out the definition of “Medication-assisted
31	31	3treatment” and replacing it with the following definition:-
32	32	4 “Medication for addiction treatment”, treatment for a substance use disorder or alcohol
33	33	5use disorder that: (i) is determined to be clinically indicated by a qualified addiction specialist;
34	34	6(ii) involves the use of medication that is approved by the federal Food and Drug Administration
35	35	7for treatment of a substance use disorder; and (iii) is offered in accordance with a treatment plan
36	36	8that is reviewed by a qualified addiction specialist at a frequency consistent with appropriate
37	37	9clinical standards. “Medication for addiction treatment” is sometimes referred to as “medication-
38	38	10assisted treatment”, or “MAT”. 2 of 8
39	39	11 SECTION 2. Section 16 of said chapter 127, as so appearing, is hereby amended by
40	40	12striking out in the second paragraph the words “who is committed for a term of 30 days’
41	41	13imprisonment or more.” and inserting in place thereof the following:-
42	42	14 within 24 hours of admission to the facility. Regardless of whether the individual was
43	43	15receiving medication for addiction treatment immediately prior to admission to the facility, the
44	44	16examination shall include an assessment for treatment with medication for addiction treatment.
45	45	17 SECTION 3. Said chapter 127, as so appearing, is hereby further amended by striking out
46	46	18section 17B and replacing it with the following:-
47	47	19 Section 17B. Medication-assisted treatment for substance use conditions for state
48	48	20detainees or prisoners at correctional facilities.
49	49	21 (a) All correctional facilities, jails and houses of correction, in consultation with the
50	50	22commissioner of public health, shall offer all medications for addiction treatment to a detained,
51	51	23committed or incarcerated person, upon the recommendation of a qualified addiction specialist.
52	52	24All correctional facilities, jails and houses of correction shall maintain or provide for the capacity
53	53	25to possess, dispense and administer all medications for addiction treatment; provided however,
54	54	26that such facilities shall not be required to maintain or provide a medication for addiction
55	55	27treatment that is not also a MassHealth covered benefit.
56	56	28 (b) No detained, committed or incarcerated person shall be denied medication for
57	57	29addiction treatment on the basis of a positive drug screening upon entering custody or at any time
58	58	30during the incarceration, detention or commitment of the person; nor shall any detained,
59	59	31committed or incarcerated person receive a disciplinary infraction for a positive drug screening.
60	60	32The medication for addiction treatment of a detained, committed or incarcerated person shall not 3 of 8
61	61	33be discontinued due to any disciplinary infraction. A detained, committed or incarcerated person
62	62	34may request medication for addiction treatment at any time during the incarceration, detention or
63	63	35commitment of such detained, committed or incarcerated person.
64	64	36 (c) The commissioner and county sheriffs shall ensure that each detained, committed or
65	65	37incarcerated person who was receiving medication for addiction treatment immediately
66	66	38preceding incarceration, detention or commitment continues to have such treatment available as
67	67	39soon as practicable, and in any event within 24 hours of admission to the facility, unless such
68	68	40person voluntarily discontinues the treatment or unless a qualified addiction specialist
69	69	41determines, based on individual medical need, that maintaining the same treatment is no longer
70	70	42clinically indicated. Each detained, committed or incarcerated person shall receive the same dose
71	71	43of the same medication that the person was receiving before incarceration, commitment or
72	72	44detention, unless a qualified addiction specialist determines, based on individual medical need
73	73	45and in consultation with the person, that a change in dose or medication is clinically indicated.
74	74	46 (d) The commissioner and county sheriffs shall ensure that each detained, committed or
75	75	47incarcerated person who was not receiving medication for addiction treatment immediately
76	76	48preceding incarceration, detention or commitment, and for whom medication for addiction
77	77	49treatment is clinically indicated, shall be offered such medication within 24 hours of the
78	78	50assessment required by section 16. The determinations of which medication to prescribe and the
79	79	51dosage shall be made based on individual medical need in consultation with the patient.
80	80	52Detained, committed or incarcerated persons shall be authorized to receive the medication for as
81	81	53long as clinically indicated.  4 of 8
82	82	54 (e) All state and county correctional facilities shall ensure consistent and ongoing access
83	83	55to a qualified addiction specialist by a detained, committed or incarcerated person.
84	84	56 (f) Treatment established under this section shall include behavioral health counseling for
85	85	57individuals diagnosed with substance use disorder or substance use-related needs; provided,
86	86	58however, that counseling services shall be consistent with current therapeutic standards for these
87	87	59therapies in a community setting and shall not be a substitute for medication for addiction
88	88	60treatment. The commissioner and county sheriffs may make such treatment available by directly
89	89	61engaging qualified providers of substance use services, through collaboration with other
90	90	62agencies, and by utilizing volunteers from community recovery programs.
91	91	63 (g) No incentives, rewards or punishments shall be used to encourage or discourage a
92	92	64detained, committed or incarcerated person’s decision to receive or decline medication for
93	93	65addiction treatment, or any particular such medication.
94	94	66 (h) The commissioner of public health may promulgate regulations and guidelines
95	95	67necessary to implement the treatment program under this section.
96	96	68 SECTION 4. Section 17C of said chapter 127, as so appearing, is hereby amended by
97	97	69striking out the first paragraph and replacing it with the following:-
98	98	70 Not later than 120 days prior to the expected discharge date of a person detained,
99	99	71committed or incarcerated in a state prison or county facility, or within a reasonable timeframe if
100	100	72the length of incarceration, detention or commitment is less than 120 days, but in any event no
101	101	73less than 30 days prior to such expected discharge date, a qualified addiction specialist shall
102	102	74establish a medically appropriate re-entry treatment plan for the person. A re-entry treatment
103	103	75plan may include any treatment upon discharge that the qualified addiction specialist shall 5 of 8
104	104	76recommend and deem appropriate, which may include, but shall not be limited to, any
105	105	77medication for addiction treatment. A re-entry treatment plan shall ensure that a detained,
106	106	78committed or incarcerated person is directly connected to an appropriate provider or treatment
107	107	79site in the geographic region to which the person shall reside upon release. The detained,
108	108	80committed or incarcerated person shall receive information on available treatment facilities in
109	109	81their area, information on available housing and employment resources and any other
110	110	82information that will assist the individual in continued recovery once released. The
111	111	83commissioner and county sheriffs shall further ensure that, for a person with a re-entry treatment
112	112	84plan under this section, the facility shall request reinstatement or apply for MassHealth benefits
113	113	85for the person at least 30 days prior to release or shall use best efforts to request such
114	114	86reinstatement of or apply for MassHealth benefits or other public assistance for the person within
115	115	87a reasonable timeframe if the person’s sentence, detention or commitment is less than 30 days.
116	116	88Notwithstanding the foregoing, nothing in this section shall authorize a state prison or county
117	117	89facility to extend a person’s sentence, detention or commitment to comply with this section. In
118	118	90the event the expected discharge date of a detained, committed or incarcerated person serving a
119	119	91sentence to a state prison or county facility is less than 30 days following the start date of said
120	120	92detained, committed or incarcerated person’s sentence, detention or commitment, a qualified
121	121	93addiction specialist shall use best efforts to establish a medically appropriate treatment plan for
122	122	94the person prior to the expected discharge date.
123	123	95 SECTION 5. Said chapter 127, as so appearing, is hereby amended by striking out
124	124	96section 17D and replacing it with the following:-
125	125	97 (a) Every six months, on a schedule to be established by the department of public health,
126	126	98the commissioner and the administrator of each county correctional facility shall report, in a 6 of 8
127	127	99format determined by the commissioner of public health, to the commissioner of public health,
128	128	100the house and senate committees on ways and means, the joint committee on mental health,
129	129	101substance use and recovery, the joint committee on public safety and homeland security and the
130	130	102joint committee on the judiciary the following information for the prior six months: (i) at the
131	131	103time of the report, the number of persons in the custody of the facility receiving each medication
132	132	104for addiction treatment, in total and disaggregated by dosage; (ii) the number of persons in the
133	133	105custody of the facility, in any status, who continued to receive the same medication for addiction
134	134	106treatment as they received prior to incarceration, detention or commitment, by medication type;
135	135	107(iii) the number of persons in the custody of the facility, in any status, who discontinued
136	136	108medication for addiction treatment that they received prior to incarceration, detention or
137	137	109commitment by medication type; (iv) the number of persons in the custody of the facility, in any
138	138	110status, who received a different medication for addiction treatment than they received prior to
139	139	111incarceration, detention or commitment, by medication type; (v) the number of persons in the
140	140	112custody of the facility, in any status, who received medication for addiction treatment who did
141	141	113not receive such treatment prior to incarceration, detention or commitment, by medication type;
142	142	114(vi) a summary of facility practices and any changes to those practices related to medication for
143	143	115addiction treatment; (vii) the number of persons who were connected to treatment after release;
144	144	116(viii) the number of nonfatal and fatal overdoses in the facility; (ix) the number of nonfatal and
145	145	117fatal overdoses within 1 year of release from the department of correction and each county
146	146	118facility, provided, however, that the commissioner, the sheriffs, and the commissioner of public
147	147	119health shall coordinate to provide such information; (x) the number of persons who received a re-
148	148	120entry treatment plan under section 17C and were subsequently enrolled in MassHealth upon
149	149	121discharge; provided, however, that the commissioner, the sheriffs, the commissioner of medical 7 of 8
150	150	122assistance and the commissioner of public health shall coordinate to provide such information;
151	151	123and (xi) any other information requested by the commissioner of public health related to the
152	152	124provision of medication for addiction treatment.
153	153	125 (b) Every 2 years, not later than April 30, the commissioner of public health shall prepare
154	154	126a report, pursuant to section 237 of chapter 111, regarding outcomes for the treatment programs
155	155	127established under sections 17B and 17C to the house and senate committees on ways and means,
156	156	128the joint committee on mental health, substance use and recovery, the joint committee on public
157	157	129safety and homeland security and the joint committee on the judiciary. The department of
158	158	130correction and county correctional facilities shall provide, upon request from the commissioner
159	159	131of public health, information necessary to prepare the report. The report shall, to the extent
160	160	132possible, provide a comparison between the detained, committed and incarcerated persons who
161	161	133did not receive medication for addiction treatment and those who did, reported separately for
162	162	134each medication type, in order to determine the impact of the treatment programs on the
163	163	135following: (i) treatment retention after release; (ii) substance use after release; (iii) rates of
164	164	136recidivism; (iv) rates of nonfatal and fatal overdose; and (v) other outcome measures identified
165	165	137by the commissioner of public health.
166	166	138 SECTION 6. As soon as practicable, and in any event within 30 days of passage of this
167	167	139legislation, all state and county correctional facilities shall assess for treatment with medication
168	168	140for addiction treatment all detained, committed or incarcerated persons in their respective
169	169	141institutions who have substance use-related needs  but who are not currently receiving
170	170	142medication for addiction treatment. Detained, committed or incarcerated persons for whom such
171	171	143medication is clinically indicated shall be offered such medication within 24 hours of such 8 of 8
172	172	144assessment, and such medication shall be prescribed and provided in a manner consistent with
173	173	145the provisions of section 17B of chapter 127.
174	174	146 SECTION 7. Section 98 of chapter 208 of the acts of 2018 is hereby repealed.
175	175	147