Amendment ID: S2185-76-R1
Redraft Amendment 76
Access to appropriate treatment for opioid addiction while incarcerated
Messrs. Keenan and Fattman, Ms. Lovely, Messrs. Eldridge, Barrett, Hinds, Ross, O'Connor and Timilty move to amend the bill by inserting after section 107 the following section:-
“SECTION 107A. Section 16 of said chapter 127, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “tuberculosis”, in line 9, the following words:- “and the presence of drug dependency to be made by the physician or another addiction specialist, as defined in chapter 111E, including, but not limited to, a determination of whether or not opioid substitution or medication assisted treatment for opioid addiction is appropriate for the inmate. An examination pursuant to section 10 of said chapter 111E shall satisfy this requirement if the examination includes a determination whether opioid substitution or medication assisted treatment for opioid addiction is appropriate for the inmate. To the extent practicable, the department of correction shall prioritize placement of inmates that were receiving opioid substitution or medication assisted treatment for opioid addiction immediately preceding their incarceration within a facility that provides the same opioid substitution or medication assisted treatment”; and
by inserting after section 224 the following section:
“SECTION 224A. The commissioner of correction shall select houses of correction and state prisons to participate in a pilot program to investigate the broader provision of opioid substitution therapies for addiction in correction facilities. Selected facilities shall maintain or provide for the capacity to possess, dispense and administer drugs approved by the federal Food and Drug Administration for use in opioid substitution therapy for addiction and shall make such treatment available to any inmate for whom such treatment is found to be appropriate under section 16 of chapter 127 of the General Laws. A facility selected under this section shall not be required to maintain or provide an opioid substitution therapy that is not included in the MassHealth drug list.
The pilot shall also ensure that an inmate receiving opioid substitution or medication assisted treatment for opioid addiction immediately preceding their incarceration, shall continue the treatment unless the inmate voluntarily discontinues the treatment or unless an addiction specialist, as defined in chapter 111E of the General Laws, determines that the treatment is no longer appropriate.
Not later than November 1, 2018, and by November 1 of each subsequent year that the pilot program is in place, selected facilities shall report to the commissioner of correction the following information: (i) the cost of the pilot program to the facility related; (ii) the type and prevalence of opioid substitutions and medication assisted treatments provided through the pilot program; (iii) the number of inmates who continued to receive the same opioid substitution or medication assisted treatment as they received prior to incarceration; (iv) the number of inmates who voluntarily discontinued the opioid substitution or medication assisted treatment that they received prior to incarceration; (v) the number of inmates who discontinued the opioid substitution or medication assisted treatment that they received prior to incarceration due to a determination by an addiction specialist; (vi) a review of the facility’s practices related to opioid substitution and medication assisted treatment prior to inclusion in the pilot program; and (vii) any other information requested by the department of correction related to the administration of the pilot program.
The department of correction, in consultation with the department of public health, shall provide a report of the findings collected from selected facilities to the chairs of the joint committee on mental health and substance abuse and the house and senate committees on ways and means not later than January 1 of each year of the pilot program detailing: (i) the cost of the pilot program in the prior year; (ii) the projected cost associated with expanding the pilot program to additional houses of correction and correctional institutions for the coming year of the pilot program based on prior year costs; (iii) the type and prevalence of opioid substitutions and medication assisted treatments provided through the pilot program; (v) a summary of changes to facility practices related to opioid substitution and medication assisted treatment related to the pilot program; and (v) the aggregated results of: (A) the number of inmates who continued to receive the same opioid substitution or medication assisted treatment as they received prior to incarceration; (B) the number of inmates who voluntarily discontinued the opioid substitution or medication assisted treatment that they received prior to incarceration; and (C) the number of inmates who discontinued the opioid substitution or medication assisted treatment that they received prior to incarceration due to a determination by an addiction specialist.
The department of correction shall select facilities for participation in the pilot program in the following manner: (i) for the first year, the Massachusetts alcohol and substance abuse center and at least 2 houses of correction and 2 state prisons shall be included in the pilot program; (ii) for the second year, at least 30 per cent of houses of correction and state prisons shall be included in the pilot program; (iii) for the third year, at least 60 per cent of houses of correction and state prisons shall be included in the pilot program; and (iv) for the fourth year, all houses of correction and state prisons shall be included in the pilot program.”.