WEST virginia legislature
2018 regular session
Introduced
Senate Bill 469
By Senators Weld, Boso, Unger, Ferns, Maroney, Clements, and Cline
[Introduced February 2,
2018; Referred
to the Committee on Health and Human Resources]
A BILL to amend and reenact §62-15A-1, §62-15A-2, and §62-15A-3 of the Code of West Virginia, 1931, as amended, relating to converting the Addiction Treatment Pilot Program into a permanent program.
Be it enacted by the Legislature of West Virginia:
ARTICLE
15a. addiction treatment pilot program.
§62-15A-1. Definitions.
As used in this article:
(1) “Addiction service provider” means a person licensed by this state to provide addiction and substance abuse services to persons addicted to opioids.
(2) “Adult drug court judge” means a circuit court
judge operating a drug court as defined in subsection (a), section one,
article fifteen §62-15-2 of this code.
(3) “Adult Drug Court Program” means an adult treatment court established by the Supreme Court of Appeals of West Virginia pursuant to this article and §62-15-1 et seq. of this code.
(4) “Authority” means the Regional Jail and Correctional Facility Authority.
(5) “Circuit court” means those courts set forth in §51-2-1 et seq. of this code.
(6) “Court” means the Supreme Court of Appeals of West Virginia.
(7) “Department” means the Department of Health and Human Resources.
(8) “Division” means the Division of Corrections.
(9) “LS/CMI assessment criteria” means the level of service/case management inventory which is an assessment tool that measures the risk and need factors of adult offenders.
(10) “Medication-assisted treatment” means the use of medications, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders.
(11) “Prescriber” means an individual currently licensed and authorized by this state to prescribe and administer prescription drugs in the course of their professional practice.
§62-15A-2. The Department of Health and Human
Resources Pilot Drug Addiction Treatment Program.
(a) The secretary of the department shall conduct a
pilot establish a program to provide addiction treatment, including
medication-assisted treatment, to persons who are offenders within the criminal
justice system, eligible to participate in a program, and selected under this
section to be participants in the pilot program because of their
dependence on opioids.
(b) In the case of the medication-assisted treatment
provided under the pilot program, a drug may be used only if it has been
approved by the United States Food and Drug Administration for use in the
prevention of relapse to opioid dependence and in conjunction with psychosocial
support, provided as part of the pilot program, appropriate to patient
needs.
(c) The department may invite the court, the authority
and the division to participate in the pilot program.
(d) The department may limit the number of participants.
(e) (1) If the Court's Adult Drug Court Program is
selected to participate participates in the drug addiction program,
it shall select persons who are participants in the Adult Drug Court program,
who have been clinically assessed and diagnosed with opioid addiction.
Participants must either be eligible for Medicaid, or eligible for a state,
federal or private grant or other funding source or combination of sources
that provides for the full payment of the treatment necessary to participate in
the pilot program. After being enrolled in the pilot program,
participants shall comply with all requirements of the Adult Drug Court
Program.
(2) Treatment may be provided under this subsection only by a treatment provider who is approved by the Court or Adult Drug Court Program consistent with the policies and procedures for Adult Drug Courts developed by the court. In serving as a treatment provider, a treatment services provider shall do all of the following:
(A) Provide treatment based on an integrated service delivery model that consists of the coordination of care between a prescriber and the addiction services provider;
(B) Conduct any necessary additional professional, comprehensive substance abuse and mental health diagnostic assessments of persons under consideration for selection as pilot program participants to determine whether they would benefit from substance abuse treatment and monitoring;
(C) Determine, based on the assessments described in paragraph (B), the treatment needs of the participants served by the treatment provider;
(D) Develop, for the participants served by the treatment provider, individualized goals and objectives;
(E) Provide access to the non-narcotic, long-acting antagonist therapy included in the pilot program's medication-assisted treatment; and
(F) Provide other types of therapies, including psychosocial therapies, for both substance abuse and any disorders that are considered by the treatment provider to be cooccurring disorders.
(f) (1) If The Division of Corrections is
selected to participate, the division shall select persons, within the custody
of the Division of Corrections, who are determined to be at high risk using the
LS/CMI assessment criteria into the pilot program. Participants must
either be eligible for Medicaid, or eligible for a state, federal or private
grant or other funding source or combination of sources that provide
provides for the full payment of the treatment necessary to participate
in the pilot program. After being enrolled in the pilot program,
a participant shall comply with all requirements of the treatment program.
(2) A participant shall:
(A) Receive treatment based on an integrated service delivery model that consists of the coordination of care between a prescriber and the addiction services provider;
(B) Submit to professional, comprehensive substance
abuse and mental health diagnostic assessments of persons under
consideration for selection as pilot program participants to determine
whether they the participant would benefit from substance abuse
treatment and monitoring;
(C) Receive, based on the assessments described in paragraph (B) of this subsection, the treatment needs of the participants served by the treatment provider;
(D) Submit to the treatment provider, individualized goals and objectives;
(E) Receive the nonnarcotic, long-acting antagonist
therapy included in the pilot program's medication-assisted treatment;
and
(F) Participate in other types of therapies, including psychosocial therapies, for both substance abuse and any disorders that are considered by the treatment provider to be co-occurring disorders
(g) (1) If The Regional Jail and Correctional
Facility Authority is selected to participate, the authority shall
select only persons who are serving a sentence for a felony or misdemeanor who
are determined to be at high risk using the LS/CMI assessment criteria for the
pilot program. Participants must either be eligible for Medicaid, or eligible
for a state, federal or private grant or other funding source or combination
of sources that provides for the full payment of the treatment necessary to
participate in the pilot program. After being enrolled in the pilot
program, a participant shall comply with all requirements of the treatment
program.
(2) A participant shall:
(A) Receive treatment based on an integrated service delivery model that consists of the coordination of care between a prescriber and the addiction services provider;
(B) Submit to professional, comprehensive substance
abuse and mental health diagnostic assessments of persons under
consideration for selection as pilot program participants to determine
whether they the person would benefit from substance abuse
treatment and monitoring;
(C) Receive, based on the assessments described in paragraph (B), the treatment needs of the participants served by the treatment provider;
(D) Submit to the treatment provider, individualized goals and objectives;
(E) Receive the nonnarcotic, long-acting antagonist
therapy included in the pilot program's medication-assisted treatment;
and
(F) Participate in other types of therapies, including psychosocial therapies, for both substance abuse and any disorders that are considered by the treatment provider to be co-occurring disorders.
(3) A participant who is incarcerated pursuant to a
misdemeanor conviction or convictions and successfully completes this treatment
pilot program may, at the discretion of the authority, receive up to
five days off of his or her sentence.
(4)
If a participant begins participation in the treatment pilot program while in
the custody of the Commissioner of Corrections, but is confined in a regional
jail, and transferred to a Division of Corrections facility before completing
the pilot treatment program the Division of Corrections shall ensure
that the participant’s treatment under the program will continue and that upon
successful completion the participant shall receive credit off his or her
sentence as would have occurred had he or she remained in the authority
facility until successful completion.
§62-15A-3. Report Annual Reports.
(a) The department shall prepare a report annually.
(b) The report shall include:
(1) Number of participants;
(2) Number of participants successfully completing the program;
(3) Offenses committed or offense convicted of;
(4) Recidivism Rate;
(5) Potential cost saving or expenditures;
(6) A statistical analysis which determines the effectiveness of the program; and
(7) Any other information the reporting entity finds pertinent.
(c) The Court and the division should provide any information necessary to the department to complete the report.
(d) The department shall submit the report to:
(1) The Governor;
(2) The Chief Justice of the Supreme Court of Appeals of West Virginia;
(3) The Joint Committee on Government and Finance;
(4) The Commissioner of the Division of Corrections;
(5) The Director of the Regional Jail and Correctional Facility Authority; and
(6) The Secretary of the Department of Military Affairs and Public Safety.
(e)
The report shall be submitted by July 1, 2017 and shall include twelve
months of data from the beginning of the administration of the program 2019
and annually thereafter.
NOTE: The purpose of this bill is to convert the Addiction Treatment Pilot Program to a permanent program.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.