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PRINTER'S NO. 4285
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2727
Session of
2018
INTRODUCED BY HEFFLEY, BOBACK, MILLARD, READSHAW, CHARLTON AND
TOEPEL, OCTOBER 17, 2018
REFERRED TO COMMITTEE ON HEALTH, OCTOBER 17, 2018
AN ACT
Providing for the warm hand-off of overdose survivors to
addiction treatment, for a comprehensive warm hand-off
initiative; establishing the Warm Hand-Off Initiative Grant
Program; providing for consents and for immunity;
establishing the Overdose Recovery Task Force; and, providing
for overdose stabilization and warm hand-off centers, for
rules and regulations and for annual report.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Warm Hand-Off
of Overdose Survivors to Treatment Act.
Section 2. Legislative findings.
The General Assembly finds and declares as follows:
(1) In 2017, 72,000 Americans died of drug overdoses,
quadrupling the number of fatal overdoses that occurred in
the year 2000 and making today's opioid epidemic the worst
epidemic in 100 years.
(2) First responders, including emergency medical
services providers, firefighters, law enforcement officers,
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social workers, members of the recovery community and family
members, have heroically escalated their lifesaving overdose
reversal efforts, all resulting in many more lives saved and
many more overdose survivors entering the emergency health
care systems.
(3) First responders are reporting that many whose
overdoses are reversed are overdosing repeatedly, indicating
that most overdose survivors are not being successfully
transitioned to treatment and recovery support services,
placing themselves at grave risk of death, and causing
extraordinary strain and suffering to their families and
communities, including first responder and health care system
services.
(4) It is urgent that every effort be made to
successfully transition overdose survivors to treatment and
recovery support services, based on an individualized
assessment and application of clinical placement criteria.
Section 3. Purpose.
The purpose of this act is to:
(1) Ensure that effective practices are used by
emergency medical services providers so that overdose victims
are medically stabilized.
(2) Ensure that emergency medical services protocols are
used by emergency medical services providers and emergency
departments so that stabilized overdose survivors are
successfully transferred to appropriate treatment and
recovery support services, as determined by an individualized
treatment plan based on an assessment and clinical placement
criteria.
(3) Ensure that the Commonwealth works with all relevant
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stakeholders to develop a network of overdose stabilization
and warm hand-off centers where emergency medical service
providers can directly transport overdose survivors for
medical stabilization, detoxification, assessment, referral
and direct placement to individualized treatment and recovery
support services.
(4) Ensure that the Commonwealth works with all relevant
stakeholders to ensure that the full continuum of addiction
treatment and recovery support services is available and
coordinated in order to facilitate each overdose survivor's
long-term individual process of recovery.
Section 4. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Drug and Alcohol Programs of
the Commonwealth.
"Detoxification facility." A facility licensed by the
department to engage in the process whereby an alcohol-
intoxicated, drug-intoxicated, alcohol-dependent or drug-
dependent individual is assisted through the period of time to
eliminate, by metabolic or other means, the intoxicating alcohol
or other drugs, alcohol and other drug dependency factors or
alcohol in combination with drugs as determined by a licensed
physician, while keeping the physiological risk to the patient
at a minimum.
"Drug." The following:
(1) An article recognized in the official United States
Pharmacopeia, official Homeopathic Pharmacopeia of the United
States, official National Formulary or any supplement of
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those publications.
(2) An article intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in humans or
animals.
(3) An article, other than food, intended to affect the
structure or any function of the body of a human or animal.
(4) An article intended for use as a component of any
article specified in paragraph (1), (2) or (3). The term does
not include devices or their components, parts or
accessories.
"Emergency department." A hospital emergency department, a
free-standing emergency department or a health clinic where the
clinic carries out emergency department functions.
"Emergency department personnel." A physician, physician's
assistant, nurse, paramedic, medical assistant, nurse aide and
other health care professional working in an emergency
department.
"Emergency medical services provider." As defined in 35
Pa.C.S. ยง 8103 (relating to definitions).
"Intervention services." Services provided by an individual
with training and knowledge about the system of substance use
disorder treatment options available in the local community and
who has specific expertise in interventions with overdose
survivors through a process where the substance user is
encouraged to accept help.
"Overdose." Injury to the body that happens when a drug is
taken in excessive amounts, which can be fatal or nonfatal.
"Recovery support services." Informational, emotional and
intentional support, including, but not limited to:
(1) Developing a one-on-one relationship in which a peer
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leader with recovery experience encourages, motivates and
supports a peer in recovery.
(2) Connecting the peer with professional and
nonprofessional services and resources available in the
community.
(3) Facilitating or leading recovery-oriented group
activities, including support groups and educational
activities.
(4) Helping peers make new friends and build healthy
social networks through emotional, instrumental,
informational and affiliation types of peer support.
"Substance use disorder treatment provider." A substance use
disorder facility or treatment program that is licensed by the
Commonwealth to provide comprehensive alcohol or other drug
addiction treatment and recovery support services, with or
without the support of addiction medications, on a hospital,
nonhospital residential or outpatient basis. The term shall
include a physician with expertise in providing or coordinating
access to comprehensive detoxification, medication, treatment
and long-term recovery support services.
"Task force." The Overdose Recovery Task Force established
under section 8.
"Treatment." Substance use disorder treatment for alcohol or
other drug addiction with a substance use disorder treatment
provider in accordance with an individualized assessment and
clinical placement criteria.
"Warm hand-off." The direct referral and transfer of an
overdose survivor immediately after medical stabilization to:
(1) a licensed detoxification facility or other medical
facility for detoxification; or
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(2) to a substance use disorder treatment provider, with
treatment matched to the individual's clinical needs, based
on a biopsychosocial assessment and application of clinical
placement criteria and coordinated with recovery support
services. The term includes face-to-face or other follow-up
contact with recent overdose survivors by first responders
and individuals providing intervention services to encourage
entry into treatment and the provision of harm reduction
services to overdose survivors who persistently refuse
referral and transfer to detoxification and treatment.
Section 5. Comprehensive warm hand-off initiative.
(a) Development.--The department shall collaborate with the
Department of Health and other appropriate State and local
agencies to develop a warm hand-off initiative to medically
stabilize overdose survivors and directly transfer the overdose
survivors to a detoxification facility, or other medical
facility, for detoxification or to a substance use disorder
treatment provider for recovery support services and a course of
treatment and recovery support, in accordance with an
individualized assessment and application of clinical placement
criteria, within one year of the effective date of this section.
The warm hand-off initiative shall include, but not be limited
to, the following:
(1) Partnerships between the department, local
administrators, regional administrators and emergency
departments as follows:
(i) The department shall direct its local
administrators and regional administrators to establish
partnerships with all emergency departments in their
respective localities and to assist those emergency
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departments to implement warm hand-off procedures for
overdose survivors. Assistance may include, but not be
limited to, working with emergency departments to ensure
that intervention services are available in a timely
fashion.
(ii) Owners and operators of emergency departments
shall take reasonable steps to train and credential any
individuals providing intervention services, using the
facility's established credentialing process for staff
and vendors providing care, in order to facilitate
unhindered communication between the individual providing
intervention services and the overdose survivor.
(iii) The local administrators and regional
administrators shall regularly assess the network of
available detoxification facilities, medical facilities
providing detoxification services, substance use
treatment providers and recovery support services and
communicate the findings of the assessment information to
all individuals providing intervention services for
overdose survivors, so that a backlog of referrals does
not occur.
(iv) The local administrators and regional
administrators shall regularly assess the network of
services that address the needs of the families of
overdose survivors and shall work with emergency
departments to ensure that appropriate mechanisms are in
place to connect those families to needed services.
(2) Prioritizing overdose survivors for substance use
disorder treatment as follows:
(i) The department shall direct its local
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administrators and regional administrators to include
overdose survivors as one of its prioritized populations
for Medicaid and Federal Substance Abuse Prevention and
Treatment Block Grant (SAPTBG) funding, in accordance
with individualized assessments and clinical placement
criteria.
(ii) The department shall work with its local
administrators and regional administrators and with
emergency medical services providers to gather the
following data, which shall be included in the patient
care reports and published and annually updated on the
department's publicly accessible Internet website:
(A) The number of individuals treated by
emergency medical services providers for overdoses.
(B) Levels of care and lengths of stay of
overdose survivors in Medicaid facilities and Federal
SAPTBG-funded treatment provider facilities.
(C) The number of Medicaid-funded and Federal
SAPTBG-funded overdose survivors in treatment who
received a lower level of care or shorter length of
stay than determined necessary by the physician or
the treatment provider using the required placement
criteria.
(D) Of the individuals identified in clause (C),
the number who received a lower level of care or
shorter length of stay in treatment than determined
necessary due to lack of funding, patients leaving
against medical advice and any other reasons
identified by the department.
(E) Any other trends or observations deemed
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significant by the department or its local
administrators and regional administrators, which may
include possible correlation in variations of the
level of care and lengths of stay in treatment, with
geographic region, behavioral health managed care
organization, treatment program and other factors
considered.
(3) Training in effective warm hand-off protocols for
emergency medical services personnel as follows:
(i) The Department of Health, in collaboration with
the department, shall develop warm hand-off emergency
medical service protocols for emergency medical services
providers.
(ii) The curriculum required under subparagraph (i)
shall include:
(A) The most effective protocols to successfully
transport overdose survivors for medical
stabilization to emergency departments or, where
available, to overdose stabilization and warm hand-
off centers, as created by this act and approved by
the Bureau of Emergency Medical Services of the
Department of Health.
(B) Address the elements of addiction, stigma,
treatment referral, recommended safety procedures to
limit first responder exposure to the drugs involved
and effective strategies for immediate and
expeditious transport of the overdose survivor after
administration of an opioid overdose reversal drug in
order to maximize the likelihood of successful
transport of patients.
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(C) Where an appropriate State or local agency
authorizes emergency medical services providers to
medically stabilize overdose survivors without
transportation to an emergency department or engages
emergency medical services providers to participate
in face-to-face or other follow-up contact with
recent overdose survivors to encourage entry into
treatment, the curriculum shall contain effective
protocols, including alliance with recovery support
services for the follow-up contacts, for successfully
performing these activities.
(iii) The curriculum shall be in compliance with the
standards of the Commission on Accreditation for
Prehospital Continuing Education and be approved by the
department and the Bureau of Emergency Medical Services
of the Department of Health. The trainings shall be
mandatory for all emergency medical services providers
and, in accordance with standards provided by the
Department of Health in consultation with the department,
shall require competency assurance of the necessary
cognitive, psychomotor and affective skills upon
completion of the program of instruction, as a condition
of licensure renewal.
(4) Training in substance use disorders, intervention
and referral to treatment for emergency department personnel
as follows:
(i) The Department of Health, in collaboration with
the department, shall promulgate a training curriculum in
the effective warm hand-off to treatment of drug overdose
survivors which shall address the basic elements of
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addiction, stigma, referral to treatment, recovery
support services, the recovery community and effective
strategies for interacting with the recently reversed
overdose survivor to maximize the likelihood that there
will be a successful and immediate warm hand-off to
treatment. The curriculum shall also include harm
reduction strategies for individuals who decline
treatment.
(ii) The curriculum shall be approved by the
department and the Department of Health. The trainings
shall be mandatory for all emergency department personnel
and, in accordance with the standards set forth by the
Department of Health in consultation with the department,
shall require competency assurance of the necessary
cognitive, psychomotor and affective skills upon
completion of the program of instruction as a condition
of licensure renewal. The training may satisfy the
emergency department personnel's patient safety
continuing medical education requirements.
(b) Warm Hand-Off Initiative Grant Program.--The following
shall apply:
(1) The Warm Hand-Off Initiative Grant Program is
established for the purpose of incentivizing the development
of successful warm hand-off programs and operations
established under this act.
(2) The department may receive gifts, grants and
endowments from public or private sources as may be made from
time to time, in trust and otherwise, for the use and benefit
of the purposes of the Warm Hand-Off Initiative Grant Program
and expand the same or any income derived from it according
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to the term of the gifts, grants or endowments. In addition,
the department shall aggressively pursue all Federal funding,
matching funds and foundation funding for the Warm Hand-Off
Initiative Grant Program. The money received under this
paragraph shall be deposited into a restricted account in the
State Treasury. Money in the restricted account shall be
appropriated to the department on a continuing basis.
(c) Emergency department implementation.--An emergency
department shall:
(1) Within six months of the effective date of this act,
the Department of Health shall require, as a condition of
licensure for the owner or operation of each emergency
department, a written report from each entity that meets the
standards required under this act, which shall include, but
not be limited to:
(i) A description of the emergency department's warm
hand-off procedures.
(ii) Certification from the local administrator or
regional administrator for the department of the
emergency department's partnership with the departments
local administrator or regional administrator to attain
the most effective possible warm hand-off outcomes.
(iii) The number of overdose patients:
(A) Treated in the emergency department.
(B) Screened to be in need of treatment.
(C) Successfully transferred to treatment.
(D) Refusing treatment and the reasons given.
(E) Who return to the emergency department on a
subsequent occasion.
(iv) The emergency department's action plan to
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continue to improve warm hand-off outcomes.
(2) The reporting under this subsection shall be
required annually for five years following the effective date
of this section and biannually thereafter.
(3) The department and the Department of Health shall
develop and publish minimum warm hand-off protocol and
reporting requirements for emergency departments.
(d) Eligibility to be a provider and coverage for warm hand-
off initiative.--The following shall apply:
(1) The Department of Human Services shall require
emergency medical services providers with patient transport
capability, emergency departments and personnel working
within each of those entities to demonstrate compliance with
the requirements of subsections (a)(3) and (4) and (c) in
order to be eligible to be a participating provider in the
Medicaid network.
(2) The Department of Human Services shall establish and
provide reasonable and fair reimbursement rates approved by
the department for the services provided for under this act.
The rates shall include, but not be limited to, full and fair
reimbursement for:
(i) Emergency medical services providers
successfully transporting overdose victims for medical
stabilization at an emergency department or an overdose
stabilization and warm hand-off center.
(ii) Emergency medical services providers
successfully medically stabilizing an overdose survivor
and successfully transporting the individual to a
detoxification facility or overdose stabilization and
warm hand-off center.
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(iii) Follow-up contact with recent overdose
survivors by emergency medical services providers or
others engaging in intervention services to encourage and
facilitate entry into treatment.
(iv) Intervention services and warm hand-off
services.
(v) Case management providing support, guidance and
navigation of the treatment and recovery systems.
(3) The reimbursement rates shall take into account the
providers' costs in meeting the training, data reporting and
other requirements of this act and shall be designed to
incentivize and reward positive outcomes for successful
medical stabilization of overdose victims and successful
assessment and transfer of these overdose victims to
clinically appropriate detoxification and treatment programs.
(e) Private health insurance coverage for warm hand-off
initiative.--The following shall apply:
(1) The Insurance Department, in consultation with the
department, shall require all health insurers providing
coverage in this Commonwealth to establish and provide
reasonable and fair reimbursement rates. The rates shall
include, but not be limited to, full and fair reimbursement
for:
(i) Emergency medical services successfully
transporting overdose victims for medical stabilization
at an emergency department or an overdose stabilization
and warm hand-off center.
(ii) Emergency medical services successfully
medically stabilizing an overdose survivor and
successfully transporting the individual to a
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detoxification facility or overdose stabilization and
warm hand-off center.
(iii) Follow-up contact with recent overdose
survivors by emergency medical services personnel or
intervention specialists to encourage and facilitate
entry into treatment.
(iv) Intervention and warm hand-off services.
(v) Case management providing support, guidance and
navigation of the treatment and recovery systems.
(2) The reimbursement rates shall take into account the
providers' costs in meeting the training, data reporting and
other requirements of this act, and shall be designed to
incentivize and reward positive outcomes for successful
medical stabilization of overdose victims and successful
assessment and transfer of these overdose victims to
clinically appropriate detoxification and treatment programs.
(3) The Insurance Department shall require all health
insurers providing coverage in this Commonwealth to eliminate
preauthorization requirements for treatment in instances
where an overdose survivor is transported to treatment under
this act.
Section 6. Consents.
(a) General rule.--The attending physician in an emergency
department, or a physician's designee, shall make reasonable
efforts to obtain a patient's signed consent to disclose
information about the patient's drug overdose to family members
or others involved in the patient's health care.
(b) Exception.--If the consent cannot practicably be
provided because of the patient's incapacity or a serious and
imminent threat to a patient's health or safety, the physician,
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or physician's designee, may disclose information about a
patient's drug overdose in compliance with applicable privacy
and confidentially laws and regulations, including:
(1) The Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191, 110 Stat. 1936).
(2) 42 C.F.R. Part 2 (relating to confidentiality of
substance use disorder patient records).
(3) 45 C.F.R. Part 160 (relating to general
administrative requirements).
(4) 45 C.F.R. Part 164 (relating to security and
privacy).
(5) 42 U.S.C. ยง 290dd-2 (relating to confidentiality of
records).
(6) Any relevant State law related to the privacy,
confidentially and disclosure of protected health
information.
(7) Any policies or regulations of the department
governing the care of protection of client information.
Section 7. Immunity.
(a) Emergency medical services agencies and providers.--
Absent evidence of a malicious intent to cause harm, no
emergency medical services agency or emergency medical services
provider may be held liable for medically stabilizing, or
attempting to medically stabilize, an overdose victim or for
transporting or attempting to transport an overdose victim for
medical stabilization.
(b) Emergency department personnel.--Absent evidence of a
malicious intent to cause harm, no emergency department
personnel providing intervention services or recovery support
services may be held liable for their efforts to have overdose
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survivors properly assessed and directly transferred to
clinically appropriate detoxification facilities, to treatment
or to recovery support services.
Section 8. Overdose Recovery Task Force and overdose
stabilization and warm hand-off centers.
(a) Establishment.--The Overdose Recovery Task Force is
established. The task force shall consist of the following
members:
(1) The Secretary of Drug and Alcohol Programs or a
designee.
(2) The Secretary of Health or a designee.
(3) The Secretary of Human Services or a designee.
(4) The Secretary of Corrections or a designee.
(5) A representative from the following professional
associations in this Commonwealth:
(i) Law enforcement.
(ii) Fire departments.
(iii) Emergency medical services.
(iv) Behavioral health providers.
(v) Hospital administration.
(vi) Addiction treatment providers.
(vii) Certified peer recovery specialists.
(viii) Recovery organizations.
(b) Purpose.--
(1) The initial purpose of the task force shall be to
develop and implement overdose stabilization and warm hand-
off centers. Overdose stabilization and warm hand-off centers
shall be staffed locations that can medically oversee the
stabilization of overdose survivors, begin detoxification,
engage survivors with intervention specialists, complete full
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addiction assessment and referral and connect and refer
survivors to all modalities and levels of treatment,
depending on the survivor's individual clinical needs.
(2) The overdose stabilization and warm hand-off centers
shall address the needs of survivors' families and utilize
them in the engagement and treatment of the survivors, as
appropriate.
(c) Expansion of current services.--The task force may
explore mechanisms to expand, where feasible, the function of
currently existing crisis health care facilities so that they
can serve as overdose stabilization and warm hand-off centers,
in addition to their current functions.
(d) Development of overdose stabilization and warm hand-off
centers.--The development and implementation of overdose
stabilization and warm hand-off centers undertaken by the task
force shall include:
(1) Identifying the areas that will benefit most from
placement of overdose stabilization and warm hand-off centers
through an analysis of population density and number of
overdose deaths.
(2) Creating the design, staffing structure operation
and operational protocols of the overdose stabilization and
warm hand-off centers, which may include consideration of
existing detoxification facilities with expanded capacity and
functions.
(3) Expanding the functions of currently existing crisis
health care facilities so that they can also serve as
overdose stabilization and warm hand-off centers.
(4) Identifying funding sources for overdose
stabilization and warm hand-off centers.
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(5) Establishing a new licensing category to cover the
overdose stabilization and warm hand-off centers.
(e) Requirements.--The operations of each overdose
stabilization and warm hand-off center shall include, at a
minimum, the following:
(1) The capacity to safely medically stabilize and
manage the chronic non-life threatening medical needs of
overdose survivors.
(2) The ability to identify overdose survivors whose
medical situations are sufficiently complex to require
immediate transportation to an emergency department, based
upon developed protocols.
(3) State licensure as a medical, nonhospital
residential or hospital detoxification facility.
(4) Intervention services conducted by staff with
specific expertise in therapeutically engaging individuals
who have just survived an overdose.
(5) Treatment assessments with physicians or other
clinicians with certified expertise in undertaking drug and
alcohol assessments and applying appropriate clinical
placement criteria.
(6) Working relationships with treatment programs of all
modalities, including programs that provide family
preservation services, in the reasonable vicinity of the
overdose stabilization and warm hand-off center.
(7) Development of protocols and referral agreements to
govern the transfer of patients to and from emergency
departments and treatment programs.
(8) Access to direct transportation from the overdose
stabilization and warm hand-off center to treatment programs.
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(f) Evaluation.--The task force shall periodically evaluate
the performance and effectiveness of the overdose stabilization
and warm hand-off centers and gather and make recommendations
for continuous quality improvements.
(g) Sections 6 and 7(b) shall apply to overdose
stabilization and warm hand-off centers.
Section 9. Rules and regulations.
The department, Department of Health and Department of Human
Services shall promulgate rules and regulations necessary to
implement their responsibilities under this act.
Section 10. Annual report.
(a) Provision.--The department, in consultation with the
Department of Health, shall provide an annual report to the
General Assembly documenting the following:
(1) Compliance with the requirements of this act.
(2) The number of overdose survivors successfully being
transferred to and engaged in treatment.
(3) The number of warm hand-off centers in operation.
(4) The total number of overdose victims each warm hand-
off center received.
(5) The total amount of funds awarded from the Warm
Hand-Off Initiative Grant Program in the previous year and
the amount each grantee received.
(b) Publication.--The annual report shall be published on
the publicly accessible Internet websites of the department and
the Department of Health.
Section 11. Severability.
The provisions of this act are severable. If any provision of
this act or application of this act to any individual or
circumstance is held invalid, the invalidity shall not affect
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other provisions or applications of this act which can be given
effect without the invalid provisions or applications.
Section 12. Effective date.
This act shall take effect in 60 days.
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