Bill Text: CA AB1339 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1339

Bill Title: Discrimination: disability: medication-assisted treatment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1339 Detail]

Download: California-2023-AB1339-Amended.html

Amended IN Assembly April 12, 2023

Amended IN Assembly April 03, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1339

Introduced by Assembly Member Haney

February 16, 2023

An act to add Section 12958 to the Government Code, relating to discrimination.

LEGISLATIVE COUNSEL'S DIGEST

AB 1339, as amended, Haney. Discrimination: disability: medication-assisted treatment.

Existing law requires the State Department of Health Care Services to license narcotic treatment programs to use narcotic replacement therapy and medication-assisted treatment (MAT) of addicted persons. Existing law specifies the medications a licensed narcotic treatment program may use for narcotic treatment replacement therapy and MAT by a licensed narcotic treatment program.

Existing law prohibits the unlawful denial of full and equal access to the benefits of, or the unlawful discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, that is funded directly by the state, or that receives any financial assistance from the state, for a person on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation.

This bill would prohibit a state-funded program, as defined, from discriminating against, or denying access to housing or housing services to, individuals because they are currently undergoing MAT or taking authorized medications.

This bill would also make legislative findings and declarations.

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 finds and declares the following:

(a) Enhancing access to medications for opioid use disorder (MOUD) is an urgent priority. Individuals with opioid use disorder (OUD) have high short-term mortality risk, approaching that of persons with advanced cancer. MOUD can substantially reduce this mortality risk. The federal Centers for Disease Control and Prevention estimates there were about 108,000 drug overdose deaths in 2021, a 15-percent increase from 2020.

(b) About two-thirds of the recent overdose deaths in the United States were opioid-related deaths. Treatment for OUD is highly effective and has shown to decrease mortality risk.

(c) Medication-assisted treatment (MAT) is the use of United States Food and Drug Administration-approved medications to assist in restoring dopamine levels to a normal range. By restoring dopamine levels, motivation is increased, cravings are decreased, and treatment success is increased. MAT medications are most successful when combined with other treatments and support services.

(d) Creating living spaces that foster recovery success are a vital part of the care delivery model, yet individuals receiving MAT often face discrimination despite laws that prohibit it.

(e) Federal civil rights laws protect qualified “individuals with disabilities” from discrimination. People in recovery from drug addiction, including those in MAT, generally are protected from discrimination by the following statutes:

(1) The Americans with Disabilities Act of 1990 (ADA).

(2) The Rehabilitation Act of 1973.

(3) The Fair Housing Act (FHA).

(4) The Workforce Innovation and Opportunity Act.

(f) The Legislature declares that individuals in MAT are considered to have a “disability” for purposes of housing discrimination. Addiction to opioids is an impairment that can and does, for many people, substantially limit a major life activity.

(g) Housing discrimination related to MAT arises in the context of residences for individuals in recovery. Individuals who live, or want to live, in reentry and recovery housing, homes, or other residences for individuals in recovery are sometimes excluded because of their participation in MAT. Individuals are protected under the FHA which applies to these residences because they fall under the definition of “dwelling,” and are further protected under the ADA if they receive state or local government funding. Individuals are also protected under the Rehabilitation Act of 1973 if housing providers receive federal financial assistance.

(h) Individuals requesting to attend MAT shall not be considered an undue burden for reasonable accommodation purposes.

(i) As of June 2022, approximately 41 percent of individuals released from a state prison in the prior year were identified as having moderate to high residential reentry instability. These individuals are often discriminated against, even with the federal protections outlined above.

(j) As of February 2023, the Department of Corrections and Rehabilitation had over 15,500 individuals on MAT. Those individuals, upon release, will move into the community, with many of them needing reentry and recovery housing assistance.

(k) The Legislature previously recognized the critical need to provide MAT to individuals throughout the period of their incarceration up to and including immediately prior to release.

(l) The Legislature previously found and declared that it is in the best interests of the health and welfare of the people of this state to coordinate narcotic treatment programs to use narcotic replacement therapy and MAT for substance use disorders in the treatment of certain addicted persons.

(m) The Legislature recently established a MAT Grant Program to fund, in part, the increased capacity for MAT and substance use disorder treatment for justice-involved individuals.

(n) California is a leader in protecting civil rights and preventing discrimination.

(o) California must take action to avoid supporting or financing discrimination against individuals who are receiving lifesaving MAT.

(p) It is the policy of the State of California to promote fairness and equality and to combat discrimination.

SEC. 2.

Section 12958 is added to the Government Code, to read:

12958.

(a) For purposes of this section, the following definitions shall apply:

(1) “Authorized medications” means all medications listed in subdivisions (a) through (d) of Section 11839.2 of the Health and Safety Code.

(2) “Medication-assisted treatment” means the use of any United States Food and Drug Administration-approved medically assisted therapy to treat a substance use disorder, including opioid use disorder and alcohol use disorder, and that, whenever possible, is provided through a program licensed and certified by the State Department of Health Care Services.

(3) “State-funded program” means any program that funds, implements, or administers state moneys for the purpose of providing temporary or permanent housing or housing-based service, with the exception of federally funded programs with requirements inconsistent with this section. A state-funded program includes both of the following:

(A) Moneys allocated or administered by a state agency, department, authority, or commission.

(B) A program supported by local assistance funding, in addition to funding from state moneys, distributed by any county, city, or political subdivision of the state, including a special district.

(b) A state-funded program shall not discriminate against, or deny access to housing or housing services to, individuals because they are currently undergoing medication-assisted treatment or taking authorized medications as part of a narcotic treatment program that uses narcotic replacement therapy or medication-assisted treatment.