Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB561 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 565 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL 
No.561 
Session of 
2025 
INTRODUCED BY MADDEN, PIELLI, SANCHEZ, KHAN, HILL-EVANS, GIRAL, 
BURGOS, CEPEDA-FREYTIZ, SCHLOSSBERG, SHUSTERMAN, KINKEAD, 
HOWARD, FRANKEL, CIRESI, KENYATTA, O'MARA, GREEN, WAXMAN, 
RABB, VENKAT, GUENST, BRENNAN, HANBIDGE, CERRATO, T. DAVIS, 
DALEY, KAZEEM, KOSIEROWSKI, KRAJEWSKI, K.HARRIS, RIVERA, 
FREEMAN, MAYES, CURRY, PROBST, J.HARRIS AND D. WILLIAMS, 
FEBRUARY 12, 2025 
REFERRED TO COMMITTEE ON HUMAN SERVICES, FEBRUARY 12, 2025 
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania 
Consolidated Statutes, in Nonnarcotic Medication Assisted 
Substance Abuse Treatment Grant Pilot Program, further 
providing for definitions, repealing provisions relating to 
establishment of pilot program, providing for establishment 
and further providing for county participation requirements, 
for use of grant funding, for powers and duties of 
department, for prior authorization, for report to General 
Assembly and for construction; imposing duties on the 
Pennsylvania Commission on Crime and Delinquency; and making 
an editorial change.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  Chapter 46 heading of Title 61 of the 
Pennsylvania Consolidated Statutes is amended to read:
CHAPTER 46
[NONNARCOTIC MEDICATION ASSISTED ]
MEDICATION-ASSISTED SUBSTANCE ABUSE TREATMENT GRANT [ PILOT] 
PROGRAM
Section 2.  The definition of "pilot program" in section 4601 
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20 of Title 61 is amended and the section is amended by adding 
definitions to read:
§ 4601.  Definitions.
The following words and phrases when used in this chapter 
shall have the meanings given to them in this section unless the 
context clearly indicates otherwise:
"Commission."  The Pennsylvania Commission on Crime and 
Delinquency.
* * *
"Medication-assisted treatment."  The use of United States 
Food and Drug Administration-approved medications, along with 
treatment other than medication, as clinically indicated, to 
treat substance use disorders, including opioid use disorders.
["Pilot program] "Program."  The [Nonnarcotic Medication 
Assisted] Medication-assisted Substance Abuse Treatment Grant 
[Pilot] Program established under [ this chapter] section 4602.1 
(relating to establishment) .
Section 3.  Section 4602 of Title 61 is repealed:
[§ 4602.  Establishment of pilot program.
The Nonnarcotic Medication Assisted Substance Abuse Treatment 
Grant Pilot Program is established in the department to increase 
opportunities for counties to provide long-acting nonnarcotic, 
nonaddictive medication combined with comprehensive substance 
abuse treatment to eligible offenders upon release from county 
correctional institutions. Grants shall be limited to fiscal 
year 2015-2016 and awarded to counties eligible to participate 
in the pilot program within six months of the effective date of 
this section.]
Section 4.  Title 61 is amended by adding a section to read:
§ 4602.1.  Establishment.
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30 The Medication-assisted Substance Abuse Treatment Grant 
Program is established in the commission to increase 
opportunities for counties to provide medication-assisted 
treatment combined with comprehensive substance use treatment to 
eligible offenders while incarcerated and upon release from 
county correctional institutions.
Section 5.  Sections 4603, 4604, 4605, 4606, 4607 and 4608 of 
Title 61 are amended to read:
§ 4603.  County participation requirements.
In order to be eligible for grant funding under the [ pilot] 
program, a county must:
(1)  Make application to the [ department] commission in a 
form and manner as provided by the [ department] commission.
(2)  Have a county correctional institution with an 
institutional substance abuse treatment program that supports 
offenders while incarcerated or transitioning from a county 
correctional institution to the community or offenders who 
are sentenced to serve [ county intermediate punishment 
sentences] probation with restrictive conditions .
(3)  Be able to contract with a provider as required 
under section 4604 (relating to use of grant funding).
(4)  Meet any other requirements established by the 
[department] commission.
§ 4604.  Use of grant funding.
(a)  County.--A county awarded a grant under the [ pilot] 
program shall do all of the following or contract with an 
entity, provider or organization that shall:
(1)  Assess each offender, prior to reentry into the 
community, and determine if the offender is a candidate to 
whom should be administered medication that prevents relapse 
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30 to drug dependence or alcohol dependence, or both.
(2)  Create an individualized program for each offender 
identified under paragraph (1).
(3)  Provide access to and administer [ long-acting 
nonnarcotic, nonaddictive medication assisted treatment ] 
medication-assisted treatment .
(4)  Provide clinically appropriate inpatient or 
outpatient services determined as necessary to support each 
individual's treatment plan.
(5)  Cooperate with the county probation and parole 
office as to the use of any drug under paragraph (1) by any 
eligible offender.
(6)  Create a discharge plan for each offender under 
paragraph (1).
(b)  Requirement of participants.--Each participant must 
[agree to waive the privacy requirements of the Health Insurance 
Portability and Accountability Act of 1996 (Public Law 104-191, 
110 Stat. 1936)] provide consent under applicable Federal and 
State law to the extent needed for the county to have access to 
the information required under this section.
§ 4605.  Powers and duties of [ department] commission.
(a)  General rule.--The [ department] commission, in 
collaboration with the department, shall:
(1)  Establish a form for counties to apply for grant 
funding under the [pilot] program.
(2)  Establish criteria for counties making application 
for grant funding under the [ pilot] program.
(3)  Develop or approve training and instructional 
materials for the law enforcement community about opioid and 
alcohol addiction and the proper and effective use of 
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30 [nonnarcotic medication assisted substance abuse treatment ] 
medication-assisted treatment in consultation with the 
appropriate State agencies, including, but not limited to, 
the Department of Drug and Alcohol Programs, the Department 
of Human Services, the Department of Health[ , the 
Pennsylvania Board of Probation and Parole and the 
Pennsylvania Commission on Crime and Delinquency ] and the 
board.
(4)  Make a form available to providers to be used to 
confirm that an offender is eligible for and enrolled in the 
[pilot] program.
(5)  Set forth the basis for medical providers to be 
reimbursed and for [ medical] substance use treatment 
providers to be reimbursed for counseling services.
(6)  Promulgate any rules and regulations necessary to 
implement this chapter.
(b)  Limitation on grant awards.--Grant awards shall be at 
the discretion of the [ department] commission and shall be 
limited to amounts annually appropriated to the [ department] 
commission for the [pilot] program.
§ 4606.  Prior authorization.
[Long-acting injectable naltrexone ] The following apply:
(1)  Medication-assisted treatment shall be approved as 
part of a prior authorization process by any Medicaid managed 
care plan operating under contract with the Commonwealth for 
eligible offenders enrolled in the [ pilot] program and 
receiving comprehensive substance [ abuse] disorder treatment 
which includes the monitoring of medication adherence upon 
[their] release from county correctional institutions.
(2) Within 90 days of the effective date of this 
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30 [section] paragraph, the Department of Human Services shall 
issue a bulletin notice to instruct Medicaid managed care 
plans that approval for the use of [ long-acting injectable 
naltrexone] medication-assisted treatment must be granted if 
the eligible offenders are enrolled in the [ pilot] program 
upon [their] release from county correctional institutions.
§ 4607.  Report to General Assembly.
[Within 18 months of the effective date of this section, the 
department] (a)  Issuance.--Beginning two years after the 
effective date of this subsection, the commission shall issue a 
biennial report to the Judiciary Committee of the Senate and the 
Appropriations Committee of the Senate and the Judiciary 
Committee of the House of Representatives and the Appropriations 
Committee of the House of Representatives evaluating the 
effectiveness of the [ pilot] program. The report shall include:
(1)  The number of eligible offenders to whom [ long-
acting nonnarcotic, nonaddictive medication assisted ] 
medication-assisted treatment was administered.
(2) The number of eligible offenders who completed the 
program of [long-acting nonnarcotic, nonaddictive medication 
assisted] medication-assisted treatment.
(3)  Recidivism rates of eligible offenders to whom 
[long-acting nonnarcotic, nonaddictive medication assisted ] 
medication-assisted treatment was administered.
(4)  [The average amount of ] A summary of the grants 
awarded to counties and the amounts awarded .
[(5)  The number of providers available to meet the 
requirements provided in section 4603 (relating to county 
participation requirements) on a county-by-county basis. ]
(6)  The impact of the use of [ long-acting nonnarcotic, 
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30 nonaddictive medication assisted ] medication-assisted 
treatment on treatment outcomes and any potential cost 
savings.
(b)  (Reserved).
§ 4608.  Construction.
Nothing in this act shall be construed to create an 
entitlement or a right of an eligible offender to receive 
medication-assisted treatment while incarcerated or upon release 
from a county correctional institution.
Section 6.  This act shall take effect in 60 days.
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