“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-2A-1 and §16-2A-2, all to read as follows:

ARTICLE 2A. THE RYAN BROWN ADDICTION PREVENTION AND RECOVERY FUND ACT.

§16-2A-1. Ryan Brown Addiction Prevention and Recovery Fund; administration of fund.

(a) There is established in the treasury a separate, interest bearing, special revenue account to be known as “The Ryan Brown Addiction Prevention and Recovery Fund” to make available resources for prevention and recovery programs not otherwise covered under current state or federal addiction prevention and recovery programs. Resources shall be made available to nonprofit organizations for adult and child addiction prevention programs. Resources shall also be made available to private and public addiction treatment facilities, health care providers for inpatient or outpatient addiction treatment and sober living homes. The special revenue account shall consist of funds from federal Substance Abuse Prevention and Treatment Block Grants (SABG), gifts, income from the investment of moneys held in the special revenue account and all other sums available for deposit to the special revenue account from any source, public or private.

(b) The West Virginia Department of Health and Human Resources shall:

(1) Administer the Ryan Brown Addiction Prevention and Recovery Fund and allocate moneys for prevention education and treatment, with at least twenty percent going towards prevention.

(2) Establish guidelines for eligibility for funding consistent with this article, promote the availability of the funding statewide, provide technical assistance to applicants, evaluate applicants, determine allowable expenses and disburse funding.

(3) Establish monitoring and accountability mechanisms for programs and individuals receiving assistance.

(4) Ensure that funds are disbursed in accordance with the rules set out by Substance Abuse and Mental Health Services Administration for receiving SABG.

(5) Annually post on its website and report to the Legislature on the expenditure of the program fund, including the total amount distributed, the types of programs and individuals that received funding and the amount each received.

(c) The department shall create eligibility guidelines consistent with this article. To qualify for prevention education funding, the applicant may be a nonprofit trained and certified to provide addiction prevention education. Funds qualify only for addiction recovery not otherwise covered by Medicare, Medicaid, private insurance or any other state or federal funding sources.

(d) Addiction recovery funds will be paid directly to the treatment provider on behalf of the individual receiving treatment.

(e) For-profit treatment facilities are not eligible for addiction recovery funds.

(f) Medication assisted treatment will only qualify for recovery funds if the planned course of treatment is twenty-four months or less. Recovery funds are only available for three months of the medication assisted treatment.

(g) Priority for funding will be given to:

(1) Intravenous drug users;

(2). HIV+, AIDS or HCV+ individuals;

(3) Pregnant women and women with dependent children;

(4) Veterans;

(5) Persons with criminal justice involvement; and

(6) Sober Living Entry fees for individuals.

(7) Cost of transportation to recovery centers, sober living homes or other facilities used for addiction recovery.

(8) Naloxone and other similar medications to be distributed by addiction awareness facilities, nonprofit recovery programs, sober living homes, prevention agencies or county health departments. This is limited to payment for naloxone or similar overdose reversal pharmaceuticals only.

§16-2A-2. Rules.

The Secretary Department of Health and Human Resources shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, which rules shall include pertinent definitions for addiction and prevention and treatment of drug and alcohol addiction and dependency applicable to the purposes of this article.

Adopted

Rejected