Amendment ID: S2133-23

Amendment 23

Certification of Substance Abuse Treatment Providers

Mr. Welch and Ms. Candaras move to amend the bill by striking out Section 1 and inserting in place thereof the following section:-

 

“SECTION 1. Chapter 6D of the General Laws is hereby amended by inserting after section 15, the following section:-

 

Section 15A. (a) For the purposes of this subsection, the term “substance use disorder treatment” shall include: outpatient services; intensive outpatient and partial hospitalization services; residential or inpatient services; clinical stabilization services; acute treatment services; and medically managed intensive inpatient services.

 

The commission, in consultation with the department of public health, shall develop standards of certification for substance use disorder treatment providers.  In developing these standards, the commission shall review and make recommendations regarding evidence-based substance use disorder treatments and treatment programs and providers available to consumers in the commonwealth.  The commission shall consider and evaluate the substance use disorder treatment services provided by substance use disorder treatment programs and shall determine those programs and treatments which are based on evidence-based standards of care, as established and endorsed by nationally recognized substance abuse organizations such as the American Society for Addition Medicine or the Substance Abuse and Mental Health Services Administration, and provide effective and high quality outcomes, as demonstrated in data, studies and peer-reviewed literature; provided, that the review shall consider, at a minimum, services provided by programs subject to licensure or approval under chapter 111B, 111E and section 24 of chapter 90, facilities or programs required to comply with the requirements of 105 CMR 164.000, services provided by practitioners that provide opioid agonist therapy; and alcohol and drug counselors subject to licensure under chapter 111J.

 

In developing the criteria for certification, the commission shall consider best practices of programs and providers that have been demonstrated to achieve optimal patient outcomes. The criteria for certification shall include, but not be limited to:

1)providing patient-centric treatment that is individualized based on the patient’s past history of treatment, medical history, psychiatric history, and socialize history;

2)offering and providing the full continuum of evidence-based substance use treatment and alternatives including all FDA-approved MAT options;

3)providing enhanced care coordination and management that includes effective discharge planning, that engage and educate the patient and the patient’s outpatient medical and psychiatric providers to ensure continuity of care;

4)enables transitions from more intensive to less intensive treatment based on the patient’s needs and response to treatment;

5)upon admission, acquire informed consent from each patient regarding the risk and benefit of all MAT treatment options, as well as the risk and benefit of non-treatment;

6)regular monitoring of patients’ behavior and addressing relapse risks;

7)providing support for co-occurring medical and psychiatric conditions

8)facilitating ongoing participation in self-help programs;

9)providing and linking to social support; and

10)adapting treatment over time, as needed.

 

To develop the certification standards, the commission shall consult with experts in the field of substance use disorders and treatment who shall have expertise with a range of inpatient and outpatient treatment services and modalities and shall not be affiliated or receive remuneration from a health plan or substance use disorder treatment provider in the commonwealth.  In addition, the commission shall consult with other local and national experts in substance use disorders and treatment, the director of the bureau of substance abuse services within the department of public health, the medical director of MassHealth, medical directors of health plans in the commonwealth, medical directors of behavioral health managed care organizations, organizations that develop and provide or consult with health plans regarding medical necessity and utilization review criteria, local and national providers of inpatient and outpatient services, including, but not limited to, detoxification and opioid treatment programs, residential rehabilitation services and drug and alcohol counseling services and representatives of consumers who have sought or received such services.  The commission shall consult with the department of public health to maximize opportunities for administrative simplification and regulatory consistency.

 

(b) The commission shall develop a procedure, through its regulations, for certifying that a provider of substance use disorder treatment complies with the standards developed under subsection (a).  The commission may impose a reasonable application fee upon providers that seek certification.

 

(c) Certification under subsection (b) shall be voluntary. Providers of substance use disorder treatment services shall renew their certification every 2 years under similar terms. In order to maintain the certification, under subsection (b), providers shall file with the commission from time to time, quality, access, and outcome data, or other   information as the commission may reasonably require for the purpose of determining continued compliance with the standards outlined in subsection (a), and adherence to evidence-based standards of care and improvement including quality and outcome measures.