HOUSE DOCKET, NO. 1763        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3600

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kate Donaghue

_________________

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.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Kate Donaghue

19th Worcester

1/18/2023

James C. Arena-DeRosa

8th Middlesex

1/27/2023

Danillo A. Sena

37th Middlesex

1/27/2023

David Paul Linsky

5th Middlesex

2/6/2023


HOUSE DOCKET, NO. 1763        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3600

By Representative Donaghue of Westborough, a petition (accompanied by bill, House, No. 3600) of Kate Donaghue and others relative to discharge from substance use disorder treatment.  Mental Health, Substance Use and Recovery.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

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:
 

(a) Notwithstanding any general or special law, rule or regulation to the contrary, the department of public health, in consultation with the bureau of substance addiction services established in section 18 of chapter 17 of the General Laws, shall conduct a study on the circumstances and effects of conducting an administrative discharge of a patient from a substance use disorder treatment program 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. For the purposes of this section, an “administrative discharge” shall mean a 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 a violation of an administrative rule of the program.

(b) The study shall examine the standards used by a substance use disorder treatment program in determining when to conduct an administrative discharge including, but not limited to, any standard criteria, methodology or graduated sanctions in place based on staff and patient safety and the level of treatment and severity of the symptoms of the patient. The study shall also examine any options that a patient may have after an administrative discharge from a substance use disorder treatment program including any programs or resources available to the patient and the frequency that such options are provided to those patients. The study shall also examine the applicability, availability and effectiveness of the regulations relative to the coordination of care and management of discharge planning pursuant to section 19 of said chapter 17 for an administrative discharge.

(c) The department of public health shall report and file its findings and recommendations, including any legislation, with the clerks of the house of representatives and senate not later than December 31, 2024.