PRINTER'S NO. 1718
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1515
Session of
2023
INTRODUCED BY MADDEN, SCHLOSSBERG, BRENNAN, CEPEDA-FREYTIZ,
T. DAVIS, GALLAGHER, GUENST, HANBIDGE, HILL-EVANS, KAZEEM,
KHAN, MALAGARI, RABB, ROZZI AND SANCHEZ, JUNE 26, 2023
REFERRED TO COMMITTEE ON HUMAN SERVICES, JUNE 26, 2023
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
of Title 61 is amended and the section is amended by adding
definitions to read:
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§ 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, in
combination with counseling and behavioral therapies, to provide
a whole patient approach to the treatment of substance 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 Section 4602 of Title 61 is repealed: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.
The Medication-assisted Substance Abuse Treatment Grant
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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
to drug dependence or alcohol dependence, or both.
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(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) 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
[nonnarcotic medication assisted substance abuse treatment]
medication-assisted treatment in consultation with the
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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
[section] paragraph, the Department of Human Services shall
issue a bulletin notice to instruct Medicaid managed care
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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,
nonaddictive medication assisted] medication-assisted
treatment on treatment outcomes and any potential cost
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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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