Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1252 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2018 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1252
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John F. Keenan
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 :John F. KeenanNorfolk and PlymouthRuth B. Balser12th MiddlesexJason M. LewisFifth Middlesex2/9/2023 1 of 8
16	16	SENATE DOCKET, NO. 2018 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1252
18	18	By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1252) of John F. Keenan, Ruth B.
19	19	Balser and Jason M. Lewis for legislation relative to consistent care for addiction rooted in
20	20	evidence. Mental Health, Substance Use and Recovery.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1296 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act regarding consistent care for addiction rooted in evidence.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 1 of chapter 127 of the General Laws, as appearing in the 2020
32	32	2Official Edition, is hereby amended by striking out the definition of “Medication-assisted
33	33	3treatment” and replacing it with the following definition:-
34	34	4 “Medication for addiction treatment”, treatment for a substance use disorder or alcohol
35	35	5use disorder that: (i) is determined to be clinically indicated by a qualified addiction specialist;
36	36	6(ii) involves the use of medication that is approved by the federal Food and Drug Administration
37	37	7for treatment of a substance use disorder; and (iii) is offered in accordance with a treatment plan
38	38	8that is reviewed by a qualified addiction specialist at a frequency consistent with appropriate
39	39	9clinical standards. “Medication for addiction treatment” is sometimes referred to as “medication-
40	40	10assisted treatment”, or “MAT”. 2 of 8
41	41	11 SECTION 2. Section 16 of said chapter 127 is amended by striking out in the second
42	42	12paragraph, in lines 13 and 14, the words “who is committed for a term of 30 days’ imprisonment
43	43	13or more.” and inserting in place thereof the following:-
44	44	14 within 24 hours of admission to the facility. Regardless of whether the individual was
45	45	15receiving medication for addiction treatment immediately prior to admission to the facility, the
46	46	16examination shall include an assessment for treatment with medication for addiction treatment.
47	47	17 SECTION 3. Said chapter 127 is further amended by striking out section 17B and
48	48	18replacing it with the following:-
49	49	19 Section 17B. Medication-assisted treatment for substance use conditions for state
50	50	20detainees or prisoners at correctional facilities.
51	51	21 (a) All correctional facilities, jails and houses of correction, in consultation with the
52	52	22commissioner of public health, shall offer all medications for addiction treatment to a detained,
53	53	23committed or incarcerated person, upon the recommendation of a qualified addiction specialist.
54	54	24All correctional facilities, jails and houses of correction shall maintain or provide for the capacity
55	55	25to possess, dispense and administer all medications for addiction treatment; provided, however,
56	56	26that such facilities shall not be required to maintain or provide a medication for addiction
57	57	27treatment that is not also a MassHealth covered benefit.
58	58	28 (b) No detained, committed or incarcerated person shall be denied medication for
59	59	29addiction treatment on the basis of a positive drug screening upon entering custody or at any time
60	60	30during the incarceration, detention or commitment of the person; nor shall any detained,
61	61	31committed or incarcerated person receive a disciplinary infraction for a positive drug screening.
62	62	32The medication for addiction treatment of a detained, committed or incarcerated person shall not 3 of 8
63	63	33be discontinued due to any disciplinary infraction. A detained, committed or incarcerated person
64	64	34may request medication for addiction treatment at any time during the incarceration, detention or
65	65	35commitment of such detained, committed or incarcerated person.
66	66	36 (c) The commissioner and county sheriffs shall ensure that each detained, committed or
67	67	37incarcerated person who was receiving medication for addiction treatment immediately
68	68	38preceding incarceration, detention or commitment continues to have such treatment available as
69	69	39soon as practicable, and in any event within 24 hours of admission to the facility, unless such
70	70	40person voluntarily discontinues the treatment or unless a qualified addiction specialist
71	71	41determines, based on individual medical need, that maintaining the same treatment is no longer
72	72	42clinically indicated. Each detained, committed or incarcerated person shall receive the same dose
73	73	43of the same medication that the person was receiving before incarceration, commitment or
74	74	44detention, unless a qualified addiction specialist determines, based on individual medical need
75	75	45and in consultation with the person, that a change in dose or medication is clinically indicated.
76	76	46 (d) The commissioner and county sheriffs shall ensure that each detained, committed or
77	77	47incarcerated person who was not receiving medication for addiction treatment immediately
78	78	48preceding incarceration, detention or commitment, and for whom medication for addiction
79	79	49treatment is clinically indicated, shall be offered such medication within 24 hours of the
80	80	50assessment required by section 16. The determinations of which medication to prescribe and the
81	81	51dosage shall be made based on individual medical need in consultation with the patient.
82	82	52Detained, committed or incarcerated persons shall be authorized to receive the medication for as
83	83	53long as clinically indicated. 4 of 8
84	84	54 (e) All state and county correctional facilities shall ensure consistent and ongoing access
85	85	55to a qualified addiction specialist by a detained, committed or incarcerated person.
86	86	56 (f) Treatment established under this section shall include behavioral health counseling for
87	87	57individuals diagnosed with substance use disorder or substance use-related needs; provided,
88	88	58however, that counseling services shall be consistent with current therapeutic standards for these
89	89	59therapies in a community setting and shall not be a substitute for medication for addiction
90	90	60treatment. The commissioner and county sheriffs may make such treatment available by directly
91	91	61engaging qualified providers of substance use services, through collaboration with other
92	92	62agencies, and by utilizing volunteers from community recovery programs.
93	93	63 (g) No incentives, rewards or punishments shall be used to encourage or discourage a
94	94	64detained, committed or incarcerated person’s decision to receive or decline medication for
95	95	65addiction treatment, or any particular such medication.
96	96	66 (h) The commissioner of public health may promulgate regulations and guidelines
97	97	67necessary to implement the treatment program under this section.
98	98	68 SECTION 4. Section 17C of said chapter 127 is hereby amended by striking out the first
99	99	69paragraph and replacing it with the following:-
100	100	70 Not later than 120 days prior to the expected discharge date of a person detained,
101	101	71committed or incarcerated in a state prison or county facility, or within a reasonable timeframe if
102	102	72the length of incarceration, detention or commitment is less than 120 days, but in any event no
103	103	73less than 30 days prior to such expected discharge date, a qualified addiction specialist shall
104	104	74establish a medically appropriate re-entry treatment plan for the person. A re-entry treatment
105	105	75plan may include any treatment upon discharge that the qualified addiction specialist shall 5 of 8
106	106	76recommend and deem appropriate, which may include, but shall not be limited to, any
107	107	77medication for addiction treatment. A re-entry treatment plan shall ensure that a detained,
108	108	78committed or incarcerated person is directly connected to an appropriate provider or treatment
109	109	79site in the geographic region in which the person shall reside upon release. A detained,
110	110	80committed or incarcerated person upon release shall receive information regarding treatment
111	111	81facilities in their area, information on available housing and employment resources, and any
112	112	82other information that will assist the individual as they continue their addiction recovery. The
113	113	83commissioner and county sheriffs shall further ensure that, for a person with a re-entry treatment
114	114	84plan under this section, the facility shall request reinstatement or apply for MassHealth benefits
115	115	85for the person at least 30 days prior to release or shall use best efforts to request such
116	116	86reinstatement of or apply for MassHealth benefits or other public assistance for the person within
117	117	87a reasonable timeframe if the person’s sentence, detention or commitment is less than 30 days.
118	118	88Notwithstanding the foregoing, nothing in this section shall authorize a state prison or county
119	119	89facility to extend a person’s sentence, detention or commitment to comply with this section. In
120	120	90the event the expected discharge date of a detained, committed or incarcerated person serving a
121	121	91sentence to a state prison or county facility is less than 30 days following the start date of said
122	122	92detained, committed or incarcerated person’s sentence, detention or commitment, a qualified
123	123	93addiction specialist shall use best efforts to establish a medically appropriate treatment plan for
124	124	94the person prior to the expected discharge date.
125	125	95 SECTION 5. Said chapter 127 is hereby amended by striking out section 17D and
126	126	96replacing it with the following:-
127	127	97 (a) Every six months, on a schedule to be established by the department of public health,
128	128	98the commissioner and the administrator of each county correctional facility shall report, in a 6 of 8
129	129	99format determined by the commissioner of public health, to the commissioner of public health,
130	130	100the house and senate committees on ways and means, the joint committee on mental health,
131	131	101substance use and recovery, the joint committee on public safety and homeland security and the
132	132	102joint committee on the judiciary the following information for the prior six months: (i) at the
133	133	103time of the report, the number of persons in the custody of the facility receiving each medication
134	134	104for addiction treatment, in total and disaggregated by dosage; (ii) the number of persons in the
135	135	105custody of the facility, in any status, who continued to receive the same medication for addiction
136	136	106treatment as they received prior to incarceration, detention or commitment, by medication type;
137	137	107(iii) the number of persons in the custody of the facility, in any status, who discontinued
138	138	108medication for addiction treatment that they received prior to incarceration, detention or
139	139	109commitment by medication type; (iv) the number of persons in the custody of the facility, in any
140	140	110status, who received a different medication for addiction treatment than they received prior to
141	141	111incarceration, detention or commitment, by medication type; (v) the number of persons in the
142	142	112custody of the facility, in any status, who received medication for addiction treatment who did
143	143	113not receive such treatment prior to incarceration, detention or commitment, by medication type;
144	144	114(vi) a summary of facility practices and any changes to those practices related to medication for
145	145	115addiction treatment; (vii) the number of persons who were connected to treatment after release;
146	146	116(viii) the number of nonfatal and fatal overdoses in the facility; (ix) the number of nonfatal and
147	147	117fatal overdoses within 1 year of release from the department of correction and each county
148	148	118facility, provided, however, that the commissioner, the sheriffs, and the commissioner of public
149	149	119health shall coordinate to provide such information; (x) the number of persons who received a re-
150	150	120entry treatment plan under section 17C and were subsequently enrolled in MassHealth upon
151	151	121discharge; provided, however, that the commissioner, the sheriffs, the commissioner of medical 7 of 8
152	152	122assistance and the commissioner of public health shall coordinate to provide such information;
153	153	123and (xi) any other information requested by the commissioner of public health related to the
154	154	124provision of medication for addiction treatment.
155	155	125 (b) Every 2 years, not later than April 30, the commissioner of public health shall prepare
156	156	126a report, pursuant to section 237 of chapter 111, regarding outcomes for the treatment programs
157	157	127established under sections 17B and 17C to the house and senate committees on ways and means,
158	158	128the joint committee on mental health, substance use and recovery, the joint committee on public
159	159	129safety and homeland security and the joint committee on the judiciary. The department of
160	160	130correction and county correctional facilities shall provide, upon request from the commissioner
161	161	131of public health, information necessary to prepare the report. The report shall, to the extent
162	162	132possible, provide a comparison between the detained, committed and incarcerated persons who
163	163	133did not receive medication for addiction treatment and those who did, reported separately for
164	164	134each medication type, in order to determine the impact of the treatment programs on the
165	165	135following: (i) treatment retention after release; (ii) substance use after release; (iii) rates of
166	166	136recidivism; (iv) rates of nonfatal and fatal overdose; and (v) other outcome measures identified
167	167	137by the commissioner of public health.
168	168	138 SECTION 6. As soon as practicable, and in any event within 30 days of passage of this
169	169	139legislation, all state and county correctional facilities shall assess for treatment with medication
170	170	140for addiction treatment all detained, committed or incarcerated persons in their respective
171	171	141institutions who have substance use-related needs but who are not currently receiving medication
172	172	142for addiction treatment. Detained, committed or incarcerated persons for whom such medication
173	173	143is clinically indicated shall be offered such medication within 24 hours of such assessment, and 8 of 8
174	174	144such medication shall be prescribed and provided in a manner consistent with the provisions of
175	175	145section 17B of chapter 127.
176	176	146 SECTION 7. Section 98 of chapter 208 of the acts of 2018 is hereby repealed.