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AB-1557 Medication-Assisted Treatment Drug Reimbursement Pilot Program.(2019-2020)

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Date Published: 04/11/2019 09:00 PM
AB1557:v97#DOCUMENT

Amended  IN  Assembly  April 11, 2019
Amended  IN  Assembly  March 18, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1557


Introduced by Assembly Member Chiu

February 22, 2019


An act to add and repeal Article 4 (commencing with Section 11774) of Part 2 of Division 10.5 of the Health and Safety Code, relating to substance use disorder treatment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1557, as amended, Chiu. Medication-Assisted Treatment Drug Reimbursement Pilot Program.
Existing law consolidated within the State Department of Health Care Services all substance use disorder functions and programs, including the duties to review and execute contracts for drug and alcohol services submitted for funds allocated or administered by the department, to review and license narcotic treatment programs, and to develop and implement, in partnership with the counties, alcohol and other drug prevention strategies. Existing law requires licensed narcotic treatment programs to use specified narcotic replacement therapy and medication-assisted treatment, including buprenorphine products and methadone, in the treatment of addicted persons.
This bill would, contingent upon an appropriation in the annual Budget Act, require the department to establish a 3-year pilot program to provide an option to a city, county, or city and county for the City and County of San Francisco that meets specified requirements, including that it the City and County of San Francisco has an integrated identified substance use disorder treatment program in its jail system, to receive funding to support medication-assisted treatment, including methadone, of eligible inmates confined in a city or the city and county jail. The bill would require pilot participants the City and County of San Francisco, as a pilot program participant, to provide an annual report to the department that addresses specified matters, including the number of persons participating in the jail system’s medication-assisted treatment program. The bill would require the department to submit, by July 1, 2023, to the Legislature an evaluation of the pilot program and the outcomes achieved.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature hereby finds and declares all of the following:
(a) Individuals with a history of substance use disorders are significantly overrepresented in jails and prisons.
(b) Incarceration can create significant risks, including untreated withdrawal, disrupted treatment, and an increased risk of overdose, for individuals with a history of substance use disorders.
(c) The use of medication-assisted treatment increases the likelihood of successful treatment for individuals with substance use disorder and reduces morbidity and mortality.
(d) Recent studies have demonstrated that exposure to medication-assisted treatment in prison is associated with reductions in both all-cause mortality and drug-related poisoning upon reentry.
(e) Increasing evidence indicates that medication-assisted treatment can be cost effective and cost beneficial, and may reduce the burden on the criminal justice system by decreasing recidivism. Further, substance use disorder treatment has been associated with reducing the risk of drug overdose, thereby decreasing costs associated with emergency room visits and hospitalization stays related to drug overdose.
(f) Although substance use disorder treatment is expanding throughout the state, county jails do not receive state or federal funds to provide medication-assisted treatment to individuals in custody.

SEC. 2.

 Article 4 (commencing with Section 11774) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read:
Article  4. Medication-Assisted Treatment Drug Reimbursement Pilot Program

11774.
 (a) The State Department of Health Care Services shall establish a three-year pilot program to provide an option to a city, county, or city and county for the City and County of San Francisco to receive funding to support medication-assisted treatment of inmates confined in a city or the city and county jail and who have a history of a substance use disorder.
(b) (1) Funds allocated to a city, county, or city and county the City and County of San Francisco pursuant to this article shall be used to purchase medications for the medication-assisted treatment of inmates in the city and county jail.
(2) Medications purchased pursuant to this article for the medication-assisted treatment shall be approved by the United States Food and Drug Administration for the treatment of substance use disorders, and shall include, but not be limited to, buprenorphine products, methadone, and naltrexone, as specified in Section 11839.2.
(c) For purposes of implementing this article, the department may enter into an exclusive or nonexclusive contracts contract on a bid or negotiated basis. Contracts A contract entered into or amended pursuant to this subdivision are is exempt from the requirements of Chapter 1 (commencing with Section 10100) and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code.

11774.1.
 A city, county, or city and county The City and County of San Francisco may participate in the pilot program if it meets both of the following requirements:
(a) Has a screening and diagnostic strategy for identifying the target population early in its jail detainment process.
(b) Has an integrated identified substance use disorder treatment program that begins in jail and continues through the transition back in the community.

11774.2.
 (a) A city, county, or city and county that participates in the pilot program If the City and County of San Francisco participates in the pilot program, the City and County of San Francisco shall provide an annual report to the department, which shall address address, but not be limited to, all of the following:
(1) The number of persons participating in jail system’s medication-assisted treatment program.
(2) The number of persons who required withdrawal treatment for opioid use, and the number of buprenorphine and methadone doses administered, in the year prior to the start of the pilot program.

(2)

(3) The number of persons who withdraw from the medication-assisted treatment program against medical advice, and the number of persons who are discharged from the medication-assisted treatment program prior to achieving their treatment goals.
(4) The length of participation for persons who receive treatment in the pilot program.

(3)

(5) The number of persons who are successfully linked to treatment postrelease.
(6) The rate of recidivism among persons who participate in the pilot program compared to the rate of recidivism among the general population.
(b) The local office of the City and County of San Francisco that serves as the fund administrator shall prepare the report pursuant to this section.
(c) The department shall submit, by July 1, 2023, to the Legislature an evaluation of the pilot program and the outcomes achieved.

11774.3.
 Implementation of this article is contingent upon an appropriation for its purposes in the annual Budget Act.

11774.4.
 This article shall remain in effect only until January 1, 2023, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, 2024, deletes or extends that date.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to implement innovative medication-assisted treatment to individuals in custody within the City and County of San Francisco.