WEST virginia legislature
2018 regular session
Committee Substitute
for
Senate Bill 469
By Senators Weld, Boso, Unger, Ferns, Maroney, Clements, and Cline
[Originating in the Committee on Health and Human Resources; Reported on February 9, 2018]
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, all 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 Military
Affairs and Public Safety.
(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 Program The Department of Military Affairs and Public Safety Drug
Addiction Treatment Program.
(a) The Department of Military Affairs and Public Safety Program. –
(a) (1)
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) (2)
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) (3)
The department may limit the number of participants.
(b) Court program. –
(e) (1) If
the court’s adult drug court program is selected to participate participates
in a drug addiction program, it the court 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 or partial 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 §62-15A-2(b)(2)(B) of this code 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) (c)
(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 to
participate into in 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
for the full or partial 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 §62-15A-2(b)(2)(B) of this code, the treatment needs of the participants served by the treatment provider;
(D) Submit to the treatment provider individualized goals and objectives;
(E) Receive the non-narcotic, 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) (d)
(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 or partial 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 §62-15A-2(b)(2)(B) of this code, the treatment needs of the participants served by the treatment provider;
(D) Submit to the treatment provider individualized goals and objectives;
(E) Receive the non-narcotic, 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) (3) 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 and the court 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) (c)
The department shall submit the report to:
(1) The Governor;
(2) The Chief Justice of the Supreme Court of Appeals of West Virginia; and
(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) (d) 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.