14021.38.
(a) To the extent funds are made available in the annual Budget Act for this express purpose, substance use disorder services shall include contingency management services as a covered benefit, subject to utilization controls, as described in Section 14133. Contingency management services shall include all of the following components:(1) Periodic urinalysis on patients.
(2) An incentive structure, which includes scaling rewards for continued evidence of specified behaviors or adherence to treatment goals, that rewards participants for specified behaviors, such as a negative urinalysis.
(3) Other supportive
substance use disorder services, including counseling, therapy, or other proven medical alternatives, as necessary to meet the health needs of Medi-Cal beneficiaries.
(b) The department shall issue guidance and training to providers on their use of contingency management services for Medi-Cal beneficiaries who access substance use disorder services under any Medi-Cal delivery system, including, but not limited to, the Drug Medi-Cal Treatment Program and the Drug Medi-Cal organized delivery system.
(c) Contingency management services are not a rebate, refund, commission preference, patronage dividend, discount, or any other gratuitous consideration, as described in Section 51478 of Title 22 of the California Code of Regulations.
(d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code, the department may implement this section by means of a provider bulletin or similar instruction, without taking regulatory action.
(e) For purposes of implementing this section, the department shall seek any necessary federal approvals, including approvals of any state plan amendments or federal waivers, by the federal Centers for Medicare and Medicaid Services.
(f) (1) This section shall only be implemented to the extent permitted by federal law.
(2) This section shall be implemented only to the extent that federal financial participation is available and any necessary federal approvals have been obtained.