Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2605 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 3398 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2605
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mindy Domb
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:Mindy Domb3rd Hampshire1/17/2025 1 of 8
16	16	HOUSE DOCKET, NO. 3398 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2605
18	18	By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 2605) of
19	19	Mindy Domb relative to treatment for substance use and alcohol use disorders. Public Safety
20	20	and Homeland Security.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
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 2022
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, administer and secure all medications for addiction treatment; provided
54	54	26however, that such facilities shall not be required to maintain or provide a medication for
55	55	27addiction treatment 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 trained 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. Said chapter 127, as so appearing, is hereby further amended by striking out
97	97	69Section 17C and replacing it with the following:-
98	98	70 Section 17C. Not later than 120 days prior to the expected discharge date of a person
99	99	71detained, committed or incarcerated in a state prison or county facility, or within a reasonable
100	100	72timeframe if the length of incarceration, detention or commitment is less than 120 days, but in
101	101	73any event no less than 30 days prior to such expected discharge date, a qualified addiction
102	102	74specialist shall establish a medically appropriate re-entry treatment plan for the person. A re-
103	103	75entry treatment plan may include any treatment upon discharge that the qualified addiction 5 of 8
104	104	76specialist shall recommend and deem appropriate, which may include, but shall not be limited to,
105	105	77any medication for addiction treatment. A re-entry treatment plan shall ensure that a detained,
106	106	78committed or incarcerated person is provided with a referral to an appropriate provider or
107	107	79treatment site in the geographic region where the person will reside upon release, and that the
108	108	80person receives not less than 2 doses of an opioid antagonist, along with education and
109	109	81instruction about the use of opioid antagonists and where they can access opioid antagonists in
110	110	82the community. The detained, committed or incarcerated person shall receive information on
111	111	83available treatment facilities in their area, information on available housing and employment
112	112	84resources and any other information that will assist the individual in continued recovery once
113	113	85released. The commissioner and county sheriffs shall further ensure that, for a person with a re-
114	114	86entry treatment plan under this section, the facility shall request reinstatement or apply for
115	115	87MassHealth benefits for the person at least 30 days prior to release or shall use best efforts to
116	116	88request such reinstatement of or apply for MassHealth benefits or other public assistance for the
117	117	89person within a reasonable timeframe if the person’s sentence, detention or commitment is less
118	118	90than 30 days. Notwithstanding the foregoing, nothing in this section shall authorize a state prison
119	119	91or county facility to extend a person’s sentence, detention or commitment to comply with this
120	120	92section. In the event the expected discharge date of a detained, committed or incarcerated person
121	121	93serving a sentence to a state prison or county facility is less than 30 days following the start date
122	122	94of said detained, committed or incarcerated person’s sentence, detention or commitment, a
123	123	95qualified addiction specialist shall use best efforts to establish a medically appropriate treatment
124	124	96plan for the person prior to the expected discharge date.
125	125	97 The re-entry treatment plan shall be forwarded to the parole board and may be
126	126	98incorporated into any treatment plan included within the terms and conditions of parole. 6 of 8
127	127	99 SECTION 5. Said chapter 127, as so appearing, is hereby amended by striking out
128	128	100section 17D and replacing it with the following:-
129	129	101 (a) Every six months, on a schedule to be established by the department of public health,
130	130	102the commissioner and the administrator of each county correctional facility shall report, in a
131	131	103format determined by the commissioner of public health, to the commissioner of public health,
132	132	104the house and senate committees on ways and means, the joint committee on mental health,
133	133	105substance use and recovery, the joint committee on public safety and homeland security and the
134	134	106joint committee on the judiciary the following information for the prior six months: (i) at the
135	135	107time of the report, the number of persons in the custody of the facility receiving each medication
136	136	108for addiction treatment, in total and disaggregated by dosage; (ii) the number of persons in the
137	137	109custody of the facility, in any status, who continued to receive the same medication for addiction
138	138	110treatment as they received prior to incarceration, detention or commitment, by medication type;
139	139	111(iii) the number of persons in the custody of the facility, in any status, who discontinued
140	140	112medication for addiction treatment that they received prior to incarceration, detention or
141	141	113commitment by medication type; (iv) the number of persons in the custody of the facility, in any
142	142	114status, who received a different medication for addiction treatment than they received prior to
143	143	115incarceration, detention or commitment, by medication type; (v) the number of persons in the
144	144	116custody of the facility, in any status, who received medication for addiction treatment who did
145	145	117not receive such treatment prior to incarceration, detention or commitment, by medication type;
146	146	118(vi) a summary of facility practices and any changes to those practices related to medication for
147	147	119addiction treatment; (vii) the number of persons who were referred to treatment after release;
148	148	120(viii) the number of nonfatal and fatal overdoses in the facility; (ix) the number of persons who
149	149	121received a re-entry treatment plan under section 17C and were subsequently enrolled in 7 of 8
150	150	122MassHealth upon discharge; provided, however, that the commissioner, the sheriffs, the
151	151	123commissioner of medical assistance and the commissioner of public health shall coordinate to
152	152	124provide such information; (x) the number of people who were provided 2 doses of an opioid
153	153	125antagonist upon release; and (xi) any other information requested by the commissioner of public
154	154	126health related to the provision of medication for addiction treatment.
155	155	127 (b) Every 2 years, not later than April 30, the commissioner of public health shall prepare
156	156	128a report, pursuant to section 237 of chapter 111, regarding outcomes for the treatment programs
157	157	129established under sections 17B and 17C to the house and senate committees on ways and means,
158	158	130the joint committee on mental health, substance use and recovery, the joint committee on public
159	159	131safety and homeland security and the joint committee on the judiciary. The department of
160	160	132correction and county correctional facilities shall provide, upon request from the commissioner
161	161	133of public health, information necessary to prepare the report. The report shall, to the extent
162	162	134possible, provide a comparison between the detained, committed and incarcerated persons who
163	163	135did not receive medication for addiction treatment and those who did, reported separately for
164	164	136each medication type, in order to determine the impact of the treatment programs on the
165	165	137following: (i) treatment retention after release; (ii) substance use after release; (iii) rates of
166	166	138recidivism; (iv) rates of nonfatal and fatal overdose; and (v) other outcome measures identified
167	167	139by the commissioner of public health.
168	168	140 SECTION 6. As soon as practicable, and in any event within 30 days of passage of this
169	169	141legislation, all state and county correctional facilities shall assess for treatment with medication
170	170	142for addiction treatment all detained, committed or incarcerated persons in their respective
171	171	143institutions who have substance use-related needs but who are not currently receiving medication
172	172	144for addiction treatment. Detained, committed or incarcerated persons for whom such medication 8 of 8
173	173	145is clinically indicated shall be offered such medication within 24 hours of such assessment, and
174	174	146such medication shall be prescribed and provided in a manner consistent with the provisions of
175	175	147section 17B of chapter 127.
176	176	148 SECTION 7. Section 98 of chapter 208 of the acts of 2018 is hereby repealed.