HOUSE DOCKET, NO. 3952        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3786

The Commonwealth of Massachusetts

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PRESENTED BY:

Andres X. Vargas

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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 Narcan and rehabilitation.

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PETITION OF:

HOUSE DOCKET, NO. 3952        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3786

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to Narcan and rehabilitation.

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. Subsection (a) of section 2RRRR of chapter 29 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “services”, in line 6, the following words:- , including certain non-profit substance abuse disorder treatment facilities pursuant to section 19E of chapter 94C,.

SECTION 2. Chapter 32A of the General Laws is hereby amended by inserting after section 17R, as inserted by section 2 of chapter 260 of the acts of 2020, the following section:-

Section 17S. Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for prescribed opioid antagonists, as defined in section 19B of chapter 94C. The prescribed drug in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other prescribed drug provided by the insurer.

SECTION 2. Chapter 94C of the General Laws is hereby amended by inserting after section 19D the following section:-

Section 19E. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Opioid antagonist”, as defined in section 19B.

“Substance abuse disorder treatment facility”, nonprofit or for-profit facilities that offer: (i) acute treatment services and detoxification services; (ii) clinical stabilization services; (iii) transitional support services; (iv) residential support services; or (v) outpatient counseling services.

(b) Upon discharge of a patient from a substance abuse disorder treatment facility, the facility shall prescribe and dispense no less than 2 doses of an opioid antagonist to the patient or a legal guardian.

(c) The department of public health may subject to appropriation provide, at no cost to the substance abuse disorder treatment facility, opioid antagonists to nonprofit substance abuse disorder treatment facilities to be dispensed to patients pursuant to this section.

SECTION 3. Section 51½ of chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition of “Licensed mental health professional” the following definition:-

“Opioid antagonist”, as defined in section 19B of chapter 94C.

SECTION 4. Said section 51½ of said chapter 111, as so appearing, is hereby amended by inserting after subsection (f) the following subsection:-

(f½) Upon discharge of a patient who experienced an opioid-related overdose, the acute-care hospital or satellite emergency facility shall prescribe and dispense no less than 2 doses of an opioid antagonist to the patient and notify the patient’s primary care physician, if known. 

SECTION 5. Said chapter 111 is hereby amended by adding the following section:-

Section 243. The department shall, subject to appropriation, purchase doses of opioid antagonists, as defined in section 19B of chapter 94C, for distribution to nonprofit substance abuse disorder treatment facilities pursuant to section 19E of chapter 94C.

The department shall notify said nonprofit substance abuse disorder treatment facilities that they may participate in the Municipal Naloxone Bulk Purchase Trust Fund pursuant to section 2RRRR of chapter 29.

SECTION 6. Chapter 118E of the General Laws is hereby amended by inserting after section 10N, as inserted by section 39 of said chapter 260, the following section:-

Section 10O. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide coverage for prescribed opioid antagonists, as defined in section 19B of chapter 94C. The prescribed drug in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other prescribed drug provided by the insurer.

SECTION 7. Chapter 175 of the General Laws is hereby amended by inserting after section 47NN, as inserted by section 47 of said chapter 260, the following section:-

Section 47OO. Any individual policy of accident or sickness insurance issued pursuant to this chapter shall provide coverage for opioid antagonists as defined in section 19B of chapter 94C. The prescribed drug in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other prescribed drug provided by the insurer.

SECTION 8. Chapter 176A of the General Laws is hereby amended by inserting after section 8OO, as inserted by section 48 of said chapter 260, the following section:-

Section 8PP. Any subscription certification under an individual or group nonprofit hospital service agreement, except certificates which provide stand-alone dental services, supplemental coverage to Medicare or other governmental programs, that is delivered, issued or renewed in the commonwealth, shall provide, as benefits to all individuals or to all group members having a principal place of employment within the commonwealth, coverage for prescribed opioid antagonists, as defined in section 19B of chapter 94C. The prescribed drug in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other prescribed drug provided by the insurer.

SECTION 9. Chapter 176B of the General Laws is hereby amended by inserting after section 4OO, as inserted by section 50 of said chapter 260, the following section:-

Section 4PP. Any subscription certificate under an individual or group medical service agreement, except certificates that provide stand-alone dental services, supplemental coverage to Medicare or other governmental programs, that is delivered or issued or renewed in the commonwealth, shall provide, as benefits to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth, coverage for prescribed opioid antagonists, as defined in section 19B of chapter 94C. The prescribed drug in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other prescribed drug provided by the insurer.

SECTION 10. Chapter 176G of the General Laws is hereby amended by inserting after section 4GG, as inserted by section 52 of said chapter 260, the following section:-

Section 4HH. A health maintenance contract, except certificates which provide stand-alone dental services, supplemental coverage to Medicare or other governmental programs, shall provide, as benefits to all individuals or to group members having a principal place of employment within the commonwealth, coverage for prescribed opioid antagonists, as defined in section 19B of chapter 94C. The prescribed drug in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other prescribed drug provided by the insurer.