Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1711 Compare Versions

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

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2	2	SENATE DOCKET, NO. 1647 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1711
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 Plymouth 1 of 8
16	16	SENATE DOCKET, NO. 1647 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1711
18	18	By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1711) of John F. Keenan for
19	19	legislation to require all state and county correctional facilities to provide medication for
20	20	addiction treatment (MAT) for substance use disorder or alcohol use disorder. Public Safety and
21	21	Homeland Security.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act regarding consistent care for addiction rooted in evidence.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 1 of chapter 127 of the General Laws, as appearing in the 2022
31	31	2Official Edition, is hereby amended by striking out the definition of “Medication-assisted
32	32	3treatment” and replacing it with the following definition:-
33	33	4 “Medication for addiction treatment”, treatment for a substance use disorder or alcohol
34	34	5use disorder that: (i) is determined to be clinically indicated by a qualified addiction specialist;
35	35	6(ii) involves the use of medication that is approved by the federal Food and Drug Administration
36	36	7for treatment of a substance use disorder; and (iii) is offered in accordance with a treatment plan
37	37	8that is reviewed by a qualified addiction specialist at a frequency consistent with appropriate
38	38	9clinical standards. “Medication for addiction treatment” is sometimes referred to as “medication-
39	39	10assisted treatment”, or “MAT”. 2 of 8
40	40	11 SECTION 2. Section 16 of said chapter 127, as so appearing, is hereby amended by
41	41	12striking out in the second paragraph the words “who is committed for a term of 30 days’
42	42	13imprisonment or more.” and inserting in place thereof the following:-
43	43	14 within 24 hours of admission to the facility. Regardless of whether the individual was
44	44	15receiving medication for addiction treatment immediately prior to admission to the facility, the
45	45	16examination shall include an assessment for treatment with medication for addiction treatment.
46	46	17 SECTION 3. Said chapter 127, as so appearing, is hereby further amended by striking out
47	47	18section 17B and replacing it with the following:-
48	48	19 Section 17B. Medication-assisted treatment for substance use conditions for state
49	49	20detainees or prisoners at correctional facilities.
50	50	21 (a) All correctional facilities, jails and houses of correction, in consultation with the
51	51	22commissioner of public health, shall offer all medications for addiction treatment to a detained,
52	52	23committed or incarcerated person, upon the recommendation of a qualified addiction specialist.
53	53	24All correctional facilities, jails and houses of correction shall maintain or provide for the capacity
54	54	25to possess, dispense, administer and secure all medications for addiction treatment; provided
55	55	26however, that such facilities shall not be required to maintain or provide a medication for
56	56	27addiction treatment that is not also a MassHealth covered benefit.
57	57	28 (b) No detained, committed or incarcerated person shall be denied medication for
58	58	29addiction treatment on the basis of a positive drug screening upon entering custody or at any time
59	59	30during the incarceration, detention or commitment of the person; nor shall any detained,
60	60	31committed or incarcerated person receive a disciplinary infraction for a positive drug screening.
61	61	32The medication for addiction treatment of a detained, committed or incarcerated person shall not 3 of 8
62	62	33be discontinued due to any disciplinary infraction. A detained, committed or incarcerated person
63	63	34may request medication for addiction treatment at any time during the incarceration, detention or
64	64	35commitment of such detained, committed or incarcerated person.
65	65	36 (c) The commissioner and county sheriffs shall ensure that each detained, committed or
66	66	37incarcerated person who was receiving medication for addiction treatment immediately
67	67	38preceding incarceration, detention or commitment continues to have such treatment available as
68	68	39soon as practicable, and in any event within 24 hours of admission to the facility, unless such
69	69	40person voluntarily discontinues the treatment or unless a qualified addiction specialist
70	70	41determines, based on individual medical need, that maintaining the same treatment is no longer
71	71	42clinically indicated. Each detained, committed or incarcerated person shall receive the same dose
72	72	43of the same medication that the person was receiving before incarceration, commitment or
73	73	44detention, unless a qualified addiction specialist determines, based on individual medical need
74	74	45and in consultation with the person, that a change in dose or medication is clinically indicated.
75	75	46 (d) The commissioner and county sheriffs shall ensure that each detained, committed or
76	76	47incarcerated person who was not receiving medication for addiction treatment immediately
77	77	48preceding incarceration, detention or commitment, and for whom medication for addiction
78	78	49treatment is clinically indicated, shall be offered such medication within 24 hours of the
79	79	50assessment required by section 16. The determinations of which medication to prescribe and the
80	80	51dosage shall be made based on individual medical need in consultation with the patient.
81	81	52Detained, committed or incarcerated persons shall be authorized to receive the medication for as
82	82	53long as clinically indicated. 4 of 8
83	83	54 (e) All state and county correctional facilities shall ensure consistent and ongoing access
84	84	55to a qualified addiction specialist by a detained, committed or incarcerated person.
85	85	56 (f) Treatment established under this section shall include behavioral health counseling for
86	86	57individuals diagnosed with substance use disorder or substance use-related needs; provided,
87	87	58however, that counseling services shall be consistent with current therapeutic standards for these
88	88	59therapies in a community setting and shall not be a substitute for medication for addiction
89	89	60treatment. The commissioner and county sheriffs may make such treatment available by directly
90	90	61engaging qualified providers of substance use services, through collaboration with other
91	91	62agencies, and by utilizing trained volunteers from community recovery programs.
92	92	63 (g) No incentives, rewards or punishments shall be used to encourage or discourage a
93	93	64detained, committed or incarcerated person’s decision to receive or decline medication for
94	94	65addiction treatment, or any particular such medication.
95	95	66 (h) The commissioner of public health may promulgate regulations and guidelines
96	96	67necessary to implement the treatment program under this section.
97	97	68 SECTION 4. Said chapter 127, as so appearing, is hereby further amended by striking out
98	98	69Section 17C and replacing it with the following:-
99	99	70 Section 17C. Not later than 120 days prior to the expected discharge date of a person
100	100	71detained, committed or incarcerated in a state prison or county facility, or within a reasonable
101	101	72timeframe if the length of incarceration, detention or commitment is less than 120 days, but in
102	102	73any event no less than 30 days prior to such expected discharge date, a qualified addiction
103	103	74specialist shall establish a medically appropriate re-entry treatment plan for the person. A re-
104	104	75entry treatment plan may include any treatment upon discharge that the qualified addiction 5 of 8
105	105	76specialist shall recommend and deem appropriate, which may include, but shall not be limited to,
106	106	77any medication for addiction treatment. A re-entry treatment plan shall ensure that a detained,
107	107	78committed or incarcerated person is provided with a referral to an appropriate provider or
108	108	79treatment site in the geographic region where the person will reside upon release, and that the
109	109	80person receives not less than 2 doses of an opioid antagonist, along with education and
110	110	81instruction about the use of opioid antagonists and where they can access opioid antagonists in
111	111	82the community. The detained, committed or incarcerated person shall receive information on
112	112	83available treatment facilities in their area, information on available housing and employment
113	113	84resources and any other information that will assist the individual in continued recovery once
114	114	85released. The commissioner and county sheriffs shall further ensure that, for a person with a re-
115	115	86entry treatment plan under this section, the facility shall request reinstatement or apply for
116	116	87MassHealth benefits for the person at least 30 days prior to release or shall use best efforts to
117	117	88request such reinstatement of or apply for MassHealth benefits or other public assistance for the
118	118	89person within a reasonable timeframe if the person’s sentence, detention or commitment is less
119	119	90than 30 days. Notwithstanding the foregoing, nothing in this section shall authorize a state prison
120	120	91or county facility to extend a person’s sentence, detention or commitment to comply with this
121	121	92section. In the event the expected discharge date of a detained, committed or incarcerated person
122	122	93serving a sentence to a state prison or county facility is less than 30 days following the start date
123	123	94of said detained, committed or incarcerated person’s sentence, detention or commitment, a
124	124	95qualified addiction specialist shall use best efforts to establish a medically appropriate treatment
125	125	96plan for the person prior to the expected discharge date.
126	126	97 The re-entry treatment plan shall be forwarded to the parole board and may be
127	127	98incorporated into any treatment plan included within the terms and conditions of parole. 6 of 8
128	128	99 SECTION 5. Said chapter 127, as so appearing, is hereby amended by striking out
129	129	100section 17D and replacing it with the following:-
130	130	101 (a) Every six months, on a schedule to be established by the department of public health,
131	131	102the commissioner and the administrator of each county correctional facility shall report, in a
132	132	103format determined by the commissioner of public health, to the commissioner of public health,
133	133	104the house and senate committees on ways and means, the joint committee on mental health,
134	134	105substance use and recovery, the joint committee on public safety and homeland security and the
135	135	106joint committee on the judiciary the following information for the prior six months: (i) at the
136	136	107time of the report, the number of persons in the custody of the facility receiving each medication
137	137	108for addiction treatment, in total and disaggregated by dosage; (ii) the number of persons in the
138	138	109custody of the facility, in any status, who continued to receive the same medication for addiction
139	139	110treatment as they received prior to incarceration, detention or commitment, by medication type;
140	140	111(iii) the number of persons in the custody of the facility, in any status, who discontinued
141	141	112medication for addiction treatment that they received prior to incarceration, detention or
142	142	113commitment by medication type; (iv) the number of persons in the custody of the facility, in any
143	143	114status, who received a different medication for addiction treatment than they received prior to
144	144	115incarceration, detention or commitment, by medication type; (v) the number of persons in the
145	145	116custody of the facility, in any status, who received medication for addiction treatment who did
146	146	117not receive such treatment prior to incarceration, detention or commitment, by medication type;
147	147	118(vi) a summary of facility practices and any changes to those practices related to medication for
148	148	119addiction treatment; (vii) the number of persons who were referred to treatment after release;
149	149	120(viii) the number of nonfatal and fatal overdoses in the facility; (ix) the number of persons who
150	150	121received a re-entry treatment plan under section 17C and were subsequently enrolled in 7 of 8
151	151	122MassHealth upon discharge; provided, however, that the commissioner, the sheriffs, the
152	152	123commissioner of medical assistance and the commissioner of public health shall coordinate to
153	153	124provide such information; (x) the number of people who were provided 2 doses of an opioid
154	154	125antagonist upon release; and (xi) any other information requested by the commissioner of public
155	155	126health related to the provision of medication for addiction treatment.
156	156	127 (b) Every 2 years, not later than April 30, the commissioner of public health shall prepare
157	157	128a report, pursuant to section 237 of chapter 111, regarding outcomes for the treatment programs
158	158	129established under sections 17B and 17C to the house and senate committees on ways and means,
159	159	130the joint committee on mental health, substance use and recovery, the joint committee on public
160	160	131safety and homeland security and the joint committee on the judiciary. The department of
161	161	132correction and county correctional facilities shall provide, upon request from the commissioner
162	162	133of public health, information necessary to prepare the report. The report shall, to the extent
163	163	134possible, provide a comparison between the detained, committed and incarcerated persons who
164	164	135did not receive medication for addiction treatment and those who did, reported separately for
165	165	136each medication type, in order to determine the impact of the treatment programs on the
166	166	137following: (i) treatment retention after release; (ii) substance use after release; (iii) rates of
167	167	138recidivism; (iv) rates of nonfatal and fatal overdose; and (v) other outcome measures identified
168	168	139by the commissioner of public health.
169	169	140 SECTION 6. As soon as practicable, and in any event within 30 days of passage of this
170	170	141legislation, all state and county correctional facilities shall assess for treatment with medication
171	171	142for addiction treatment all detained, committed or incarcerated persons in their respective
172	172	143institutions who have substance use-related needs but who are not currently receiving medication
173	173	144for addiction treatment. Detained, committed or incarcerated persons for whom such medication 8 of 8
174	174	145is clinically indicated shall be offered such medication within 24 hours of such assessment, and
175	175	146such medication shall be prescribed and provided in a manner consistent with the provisions of
176	176	147section 17B of chapter 127.
177	177	148 SECTION 7. Section 98 of chapter 208 of the acts of 2018 is hereby repealed.