HOUSE DOCKET, NO. 847        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1743

The Commonwealth of Massachusetts

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PRESENTED BY:

James J. O'Day

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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 relative to discharge from substance use disorder treatment.

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PETITION OF:

HOUSE DOCKET, NO. 847        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1743

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to discharge from substance use disorder treatment.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 17 of the General Laws, as appearing in the 2016 official edition, is hereby amended by inserting after section 19 the following section:

Section 19A.(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Relapse discharge”, termination of treatment of a patient for substance use disorder as determined by treatment provider staff, despite a lack of maximal clinical improvement in the patient, due to the use of alcohol or drugs, not including the distribution of alcohol or drugs.

“Department”, the department of public health.

“Bureau”, the bureau of substance addiction services as established in chapter 18.

(b) The bureau, in consultation with the department, shall establish standard criteria and methodology for use in making relapse discharge decisions regarding the appropriate level of treatment based on severity of symptoms. 

(c) The department shall promulgate regulations relative to relapse discharge decisions for substance use disorder treatment programs subject to licensure or approval under sections 24 and 24D of chapter 90, sections 6 and 6A of chapter 111B and section 7 of chapter 111E. The regulations shall include, but not be limited to, a requirement that such substance use disorder treatment providers shall:

(1) make all decisions involving the relapse discharge of patients from a licensed substance use disorder treatment program pursuant to said methodology established in subsection (b) of section 19.

(2) prior to the relapse discharge of any patient from a licensed substance use disorder treatment program, connect the patient to the appropriate level of treatment based on the clinical needs of the patient as determined by the treating clinician.

SECTION 2. Section 18 of chapter 111E of the General Laws, as so appearing, is hereby amended by inserting the following subsections after subsection (e):

(f) no patient may be discharged from care as the result of a relapse discharge decision without the connection to clinically appropriate level of care as determined by the treating clinician.

SECTION 3. Section 16 of chapter 6D of the General Laws, as so appearing, is hereby amended by inserting the following subsections after subsection (c) :

(d) The office of patient protection shall: -- (1) have the authority to administer and enforce the standards and procedures established by section 19A  of chapter 17. The commission shall promulgate such regulations to enforce this section. The regulations authorized by this section shall be consistent with, and not duplicate or overlap with, regulations promulgated by the bureau of substance abuse services established in the department of public health pursuant to said chapter 17.

(2) assist patients with questions or concerns relating to substance use disorder treatment and care;

(3) establish, by regulation, procedures and rules relating to appeals by patients aggrieved by denials of service or disenrollment resulting from any final action of a substance use disorder treatment program, and to conduct hearings and issue rulings on appeals brought by substance use disorder treatment program patients that are not otherwise properly heard by the patient’s treatment program or care provider.