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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 Section 4602 of Title 61 is repealed: [§ 4602.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. 20250HB0561PN0565 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0561PN0565 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0561PN0565 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0561PN0565 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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, 20250HB0561PN0565 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 20250HB0561PN0565 - 7 - 1 2 3 4 5 6 7 8 9 10