Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3600 Compare Versions

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22 HOUSE DOCKET, NO. 1763 FILED ON: 1/18/2023
33 HOUSE . . . . . . . . . . . . . . . No. 3600
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Kate Donaghue
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to discharge from substance use disorder treatment.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Donaghue19th Worcester1/18/2023James C. Arena-DeRosa8th Middlesex1/27/2023Danillo A. Sena37th Middlesex1/27/2023David Paul Linsky5th Middlesex2/6/2023 1 of 2
1616 HOUSE DOCKET, NO. 1763 FILED ON: 1/18/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 3600
1818 By Representative Donaghue of Westborough, a petition (accompanied by bill, House, No. 3600)
1919 of Kate Donaghue and others relative to discharge from substance use disorder treatment.
2020 Mental Health, Substance Use and Recovery.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act relative to discharge from substance use disorder treatment.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 (a) Notwithstanding any general or special law, rule or regulation to the contrary, the
3030 2department of public health, in consultation with the bureau of substance addiction services
3131 3established in section 18 of chapter 17 of the General Laws, shall conduct a study on the
3232 4circumstances and effects of conducting an administrative discharge of a patient from a
3333 5substance use disorder treatment program subject to licensure or approval under sections 24 and
3434 624D of chapter 90, sections 6 and 6A of chapter 111B and section 7 of chapter 111E. For the
3535 7purposes of this section, an “administrative discharge” shall mean a termination of treatment of a
3636 8patient for substance use disorder as determined by treatment provider staff, despite a lack of
3737 9maximal clinical improvement in the patient, due to a violation of an administrative rule of the
3838 10program.
3939 11 (b) The study shall examine the standards used by a substance use disorder treatment
4040 12program in determining when to conduct an administrative discharge including, but not limited 2 of 2
4141 13to, any standard criteria, methodology or graduated sanctions in place based on staff and patient
4242 14safety and the level of treatment and severity of the symptoms of the patient. The study shall also
4343 15examine any options that a patient may have after an administrative discharge from a substance
4444 16use disorder treatment program including any programs or resources available to the patient and
4545 17the frequency that such options are provided to those patients. The study shall also examine the
4646 18applicability, availability and effectiveness of the regulations relative to the coordination of care
4747 19and management of discharge planning pursuant to section 19 of said chapter 17 for an
4848 20administrative discharge.
4949 21 (c) The department of public health shall report and file its findings and
5050 22recommendations, including any legislation, with the clerks of the house of representatives and
5151 23senate not later than December 31, 2024.