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