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HOUSE AMENDED
PRIOR PRINTER'S NOS. 471, 786, 1076,
1412
PRINTER'S NO. 1443
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
524
Session of
2015
INTRODUCED BY SCARNATI, YAW, GREENLEAF, ALLOWAY, FOLMER, WAGNER,
VULAKOVICH, STEFANO, WHITE, RAFFERTY, WARD, HUGHES, YUDICHAK,
TEPLITZ, SCHWANK AND BLAKE, FEBRUARY 19, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 24, 2015
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, establishing the Non-narcotic
Medication Assisted Substance Abuse Treatment Grant Pilot
Program; and, imposing powers and duties on the Department of
Corrections.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 61 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 46
NON-NARCOTIC MEDICATION ASSISTED
SUBSTANCE ABUSE TREATMENT GRANT PILOT PROGRAM
Sec.
4601. Definitions.
4602. Establishment of pilot program.
4603. County participation requirements.
4604. Use of grant funding.
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4605. Powers and duties of department.
4606. Prior authorization.
4607. Report to General Assembly.
4608. Construction.
§ 4601. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Eligible offender." A defendant or inmate convicted of a
criminal offense who will be committed to the custody of the
county and who meets all of the following eligibility
requirements:
(1) Does not demonstrate a history of present or past
violent behavior.
(2) Has not been subject to a sentence the calculation
of which includes an enhancement for the use of a deadly
weapon as defined under law or the sentencing guidelines
promulgated by the Pennsylvania Commission on Sentencing or
the attorney for the Commonwealth has not demonstrated that
the defendant has been found guilty of or was convicted of an
offense involving a deadly weapon or offense under 18 Pa.C.S.
Ch. 61 (relating to firearms and other dangerous articles) or
the equivalent offense under the laws of the United States or
one of its territories or possessions, another state, the
District of Columbia, the Commonwealth of Puerto Rico or a
foreign nation.
(3) Has not been found guilty of or previously convicted
of or adjudicated delinquent for or an attempt or conspiracy
to commit a personal injury crime as defined under section
103 of the act of November 24, 1998 (P.L.882, No.111), known
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as the Crime Victims Act, except for an offense under 18
Pa.C.S. § 2701 (relating to simple assault) when the offense
is a misdemeanor of the third degree, or an equivalent
offense under the laws of the United States or one of its
territories or possessions, another state, the District of
Columbia, the Commonwealth of Puerto Rico or a foreign
nation.
(4) Has not been found guilty or previously convicted or
adjudicated delinquent for violating any of the following
provisions or an equivalent offense under the laws of the
United States or one of its territories or possessions,
another state, the District of Columbia, the Commonwealth of
Puerto Rico or a foreign nation:
18 Pa.C.S. § 4302(a) (relating to incest).
18 Pa.C.S. § 5901 (relating to open lewdness).
18 Pa.C.S. Ch. 76 Subch. C (relating to Internet
child pornography).
Received a criminal sentence pursuant to 42 Pa.C.S. §
9712.1 (relating to sentences for certain drug offenses
committed with firearms).
Any offense for which registration is required under
42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
sexual offenders).
(5) Is not awaiting trial or sentencing for additional
criminal charges, if a conviction or sentence on the
additional charges would cause the defendant to become
ineligible under this definition.
"Pilot program." The Non-narcotic Medication Assisted
Substance Abuse Treatment Grant Pilot Program established under
this chapter.
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§ 4602. Establishment of pilot program.
The Non-narcotic Medication Assisted Substance Abuse
Treatment Grant Pilot Program is established in the department
to increase opportunities for counties to provide long acting
non-narcotic, nonaddictive medication combined with
comprehensive substance abuse treatment to eligible offenders
upon release from county correctional institutions. Grants shall
be limited to fiscal year 2015-2016 and awarded to counties
eligible to participate in the pilot program within six months
of the effective date of this section.
§ 4603. County participation requirements.
In order to be eligible for grant funding under the pilot
program, a county must:
(1) Make application to the department in a form and
manner as provided by the department.
(2) Have a county correctional institution with an
institutional substance abuse treatment program that supports
offenders transitioning from a county correctional
institution to the community or offenders who are sentenced
to serve COUNTY intermediate punishment or restricted
intermediate punishment sentences , or both types of such
offenders .
(3) Be able to contract with a provider as required
under section 4604 (relating to use of grant funding).
(4) Meet any other requirements established by the
department.
§ 4604. Use of grant funding.
(A) COUNTY.-- A county awarded a grant under the pilot
program shall contract with an entity, provider or organization
that shall:
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(1) Assess each offender, prior to re-entry into the
community, and determine if the offender is a candidate to
whom should be administered medication that prevents relapse
to opioid DRUG dependence or alcohol dependence, or both.
(2) Create an individualized program for each offender
identified under paragraph (1).
(3) Provide access to and administer long-acting non-
narcotic, non-addictive medication assisted treatment .
(4) Provide clinically appropriate inpatient or
outpatient services determined as necessary to support each
individual's treatment plan .
(5) Cooperate with the county probation and parole
office as to the use of any drug under paragraph (1) by any
eligible offender.
(6) Create a discharge plan for each offender under
paragraph (1).
(B) REQUIREMENT OF PARTICIPANTS.--EACH PARTICIPANT MUST
AGREE TO WAIVE THE PRIVACY REQUIREMENTS OF THE HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (PUBLIC LAW 104-191,
110 STAT. 1936) TO THE EXTENT NEEDED FOR THE COUNTY TO HAVE
ACCESS TO THE INFORMATION REQUIRED UNDER THIS SECTION.
§ 4605. Powers and duties of department.
(a) General rule.--The department shall:
(1) Establish a form for counties to apply for grant
funding under the pilot program.
(2) Establish criteria for counties making application
for grant funding under the pilot program.
(3) Develop or approve training and instructional
materials for the law enforcement community about opioid and
alcohol addiction and the proper and effective use of non-
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narcotic medication assisted substance abuse treatment in
consultation with the appropriate State agencies, including,
but not limited to, the Department of Drug and Alcohol
Programs, the Department of Human Services, the Department of
Health, the Pennsylvania Board of Probation and Parole and
the Pennsylvania Commission on Crime and Delinquency.
(4) Make a form available to providers to be used to
confirm that an offender is eligible for and enrolled in the
pilot program.
(5) SET FORTH THE BASIS FOR MEDICAL PROVIDERS TO BE
REIMBURSED AND FOR MEDICAL PROVIDERS TO BE REIMBURSED FOR
COUNSELING SERVICES.
(5) (6) Promulgate any rules and regulations necessary
to implement this chapter.
(b) Limitation on grant awards.--Grant awards shall be at
the discretion of the department and shall be limited to amounts
annually appropriated to the department for the pilot program.
§ 4606. Prior authorization.
Long acting injectable naltrexone shall be approved as part
of a prior authorization process by any Medicaid managed care
plan operating under contract with the Commonwealth for eligible
offenders enrolled in the pilot program and receiving
comprehensive substance abuse treatment which includes the
monitoring of medication adherence upon their release from
county correctional institutions. Within 90 days of the
effective date of this section, the Department of Human Services
shall issue a bulletin notice to instruct Medicaid managed care
plans that approval for the use of long acting injectable
naltrexone must be granted if the eligible offenders are
enrolled in the pilot program upon their release from county
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correctional institutions.
§ 4607. Report to General Assembly.
Within 18 months of the effective date of this section , the
department shall issue a report to the Judiciary Committee of
the Senate and the Appropriations Committee of the Senate and
the Judiciary Committee of the House of Representatives and the
Appropriations Committee of the House of Representatives
evaluating the effectiveness of the pilot program. The report
shall include:
(1) The number of eligible offenders to whom long-acting
non-narcotic, non-addictive medication assisted treatment was
administered.
(2) The number of eligible offenders who completed the
program of long- acting non-narcotic, non-addictive medication
assisted treatment .
(3) Recidivism rates of eligible offenders to whom long-
acting non-narcotic, non-addictive medication assisted
treatment was administered.
(4) The average amount of grants awarded to counties.
(5) The number of providers available to meet the
requirements provided in section 4603 (relating to county
participation requirements) on a county-by-county basis.
(6) The impact of the use of long-acting non-narcotic,
non-addictive medication assisted treatment on treatment
outcomes and any potential cost savings.
§ 4608. Construction.
Nothing in this act shall be construed to create an
entitlement or a right of an eligible offender to receive
treatment upon release from a county correctional institution.
Section 2. This act shall take effect in 60 days.
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