PRINTER'S NO. 842
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
866
Session of
2023
INTRODUCED BY D. WILLIAMS, BOROWSKI, BRENNAN, GIRAL, GUENST,
HANBIDGE, HILL-EVANS, HOWARD, KINSEY, KRAJEWSKI, MADDEN,
OTTEN, RABB, SANCHEZ AND SCHLOSSBERG, APRIL 10, 2023
REFERRED TO COMMITTEE ON HUMAN SERVICES, APRIL 10, 2023
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in public safety, providing for study
of barriers to substance use disorder treatment; and imposing
powers and duties on the Department of Health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 52C
STUDY OF BARRIERS TO SUBSTANCE USE DISORDER TREATMENT
Sec.
52C01. Definitions.
52C02. Studies.
52C03. Submission of report.
ยง 52C01. 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:
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"Controlled substance." As defined in section 2 of the act
of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act.
"Department." The Department of Drug and Alcohol Programs of
the Commonwealth.
"Medication-assisted treatment." The use of medication, in
combination with counseling and behavioral therapies, to provide
a whole-patient approach to the treatment of substance use
disorder.
"Secretary." The Secretary of Drug and Alcohol Programs of
the Commonwealth.
"Substance use disorder." A disease that affects an
individual's brain and behavior and which results in the
person's inability to control the use of a controlled substance
or of a legally prescribed drug or medication.
"Whole-patient approach." Accounting for, or at least
recognizing, previous life experience, expectations, education,
beliefs, stress, personality, support networks, social impact
and financial circumstances, which are inherent to the patient
and which are essential to the delivery of substance use
disorder treatment and the continuity of care.
ยง 52C02. Studies.
(a) Departmental study.--The secretary, in consultation with
the Department of Health and the Insurance Department, shall
study and report on existing barriers to effective treatment for
and recovery from substance use disorder, including addictions
to opioids, opiates and other controlled substances, that may be
the result of the current payment structures for treatment and
recovery services in both publicly and privately funded health
systems in this Commonwealth. The study shall include, but may
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not be limited to, the following:
(1) The impact of reimbursement systems, rules and
requirements established by managed care organizations and
third-party payers on access to treatment and recovery
services for substance use disorders, including access to
evidence-based treatment and medication-assisted treatment.
(2) Existing structures for reimbursement for substance
use disorder treatment, including the use of the least costly
treatment option before any other treatment options.
(3) The classification of substance use disorder as an
acute illness rather than a chronic illness.
(4) Access to medication-assisted treatment for the
treatment of substance use disorder in urban, rural and other
underserved areas of this Commonwealth.
(5) Substance use disorder treatment options other than
medication-assisted treatment.
(b) Additional study.--
(1) The secretary, in consultation with the Department
of Corrections, shall study the ease of and barriers to
access to medication-assisted treatment for individuals
entering into and leaving custody of the Department of
Corrections.
(2) The findings of the study conducted in accordance
with this subsection shall be included in the report
conducted under subsection (a).
ยง 52C03. Submission of report.
(a) Submission of report.--No later than December 31, 2023,
the department shall compile the findings of the report under
section 52C02 (relating to studies) .
(b) Content of report.--The report shall include, but not be
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limited to, the following:
(1) A detailed summary of the findings of the studies
conducted under section 52C02.
(2) Identification of policies and regulations that
could be adopted and implemented to ease or eliminate
administrative and regulatory barriers to substance use
disorder treatment, if any.
(3) Identification of departmental regulations which:
(i) adversely impact access to substance use
disorder treatment; and
(ii) could be modified or rescinded to improve
access to substance use disorder treatment, including
access to medication-assisted treatment.
(4) Identification of any statutory barriers to
substance use disorder treatment and recommendations for
legislation to eliminate statutory barriers, if any.
(5) Geographic and demographic data on individuals who
encounter or who may encounter barriers of access to
substance use disorder treatment, including medication-
assisted treatment.
(6) Any other information that the department determines
necessary and appropriate to eliminate or at least ease
barriers to substance use disorder treatment.
(c) Distribution.--The following shall apply:
(1) An executive summary of the report, consisting of no
more than two pages, shall be distributed to every member of
the General Assembly by electronic mail.
(2) One copy of a full version of the report shall be
submitted to:
(i) The Chief Clerk of the Senate and the Chief
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Clerk of the House of Representatives.
(ii) The chair and minority chair of the Health and
Human Services Committee of the Senate.
(iii) The chair and minority chair of the Health
Committee of the House of Representatives.
(iv) The chair and minority chair of the Human
Services Committee of the House of Representatives.
(3) The executive summary under paragraph (1) shall
include an explanation of how a member of the General
Assembly may obtain a full version of the report.
(4) The department shall:
(i) Post the report on the department's publicly
accessible Internet website.
(ii) Include a link to the online location of the
report in the executive summary.
(iii) Transmit a copy of the report to the
Legislative Reference Bureau for publication in the
Pennsylvania Bulletin.
(5) Notwithstanding paragraph (1), if a member of the
General Assembly requests a full version of the report or
executive summary, the department shall supply a full version
of the report or executive summary to the member.
Section 2. This act shall take effect in 60 days.
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