Bill Text: NY A00833 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to the establishment of a program for the use of medication assisted treatment for inmates in both state and county correctional facilities; reporting requirements; substance use disorder treatment and transition services implemented in jails.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Introduced) 2019-06-20 - substituted by s2161b [A00833 Detail]

Download: New_York-2019-A00833-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         833--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2019
                                       ___________

        Introduced  by  M.  of  A.  L. ROSENTHAL,  COOK, SIMON, LAVINE, DICKENS,
          TAYLOR, D'URSO, SEAWRIGHT, GOTTFRIED, ARROYO, RIVERA, CRESPO,  JAFFEE,
          WEPRIN,  QUART, ORTIZ, McDONALD, WALKER, COLTON, PERRY, CARROLL, RICH-
          ARDSON -- Multi-Sponsored by -- M. of A. DenDEKKER --  read  once  and
          referred  to the Committee on Correction -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  reported  and  referred to the Committee on Ways and Means --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT to amend the correction law, in relation to the establishment of
          a program for the use of medication assisted  treatment  for  inmates;
          and to amend the mental hygiene law, in relation to the implementation
          of substance use disorder treatment and transition services in jails

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The correction law is amended by adding a new  section  626
     2  to read as follows:
     3    §  626.  Medication  assisted treatment in correctional facilities. 1.
     4  For purposes of  this  section  "medication  assisted  treatment"  means
     5  treatment  of  chemical  dependence  or abuse and concomitant conditions
     6  with medications requiring a prescription or order  from  an  authorized
     7  prescribing professional.
     8    2.  (a) The commissioner, in conjunction with the office of alcoholism
     9  and substance abuse services, shall establish a program to  be  adminis-
    10  tered at correctional facilities within the department in the state, for
    11  the  purpose  of  employing medication assisted treatment for inmates in
    12  such facilities who are undergoing treatment for a substance use  disor-
    13  der.  Such program shall include all forms of medication assisted treat-
    14  ments  approved  for  the  treatment  of a substance use disorder by the
    15  Federal Food and Drug Administration for the  duration  of  an  inmate's
    16  incarceration  and  shall  provide  an individualized treatment plan for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01849-04-9

        A. 833--B                           2

     1  each participant.  After a medical screening, inmates who are determined
     2  to suffer  from  a  substance  use  disorder,  for  which  FDA  approved
     3  addiction medications exist shall be offered placement in the medication
     4  assisted  treatment  program.  Placement  in  such  program shall not be
     5  mandatory. Each participating  inmate  shall  work  with  an  authorized
     6  specialist  to  determine an individualized treatment plan, including an
     7  appropriate level of counseling.  Decisions regarding type,  dosage,  or
     8  duration  of  any medication regimen shall be made by a qualified health
     9  care professional licensed or certified under title eight of the  educa-
    10  tion  law who is authorized to administer such medication in conjunction
    11  with the inmate.
    12    (b) i. Such program shall also include conditions for a reentry strat-
    13  egy for inmates who have participated in medication assisted  treatment.
    14  Such  strategy  shall  include,  but  not  be limited to, providing each
    15  participating inmate with information on available treatment  facilities
    16  in   their   area,  information  on  available  housing  and  employment
    17  resources, and any other information that  will  assist  the  inmate  in
    18  continued  recovery  once  released.  Such program shall also assist the
    19  inmate in Medicaid enrollment, prior to release.
    20    ii. Such program shall provide  participating  inmates  preparing  for
    21  release  from prison with a one-week supply of any necessary medication,
    22  where permissible under federal laws and regulations to  continue  their
    23  medication assisted treatment in an effort to prevent relapse.
    24    (c) Reentry planning and community supervision should include a colla-
    25  borative  relationship between clinical and parole staff including shar-
    26  ing of accurate information  regarding  the  inmate's  participation  in
    27  medication  assisted  treatment  to  ensure that their medication is not
    28  deemed illicit or illegal. Additionally, procedures shall  be  developed
    29  to  assist  any  reentrant  who communicates a relapse with their parole
    30  officer or who fails a drug test,  to  receive  substance  use  disorder
    31  support in lieu of arrest and/or incarceration.
    32    3. The commissioner shall submit within one year of the effective date
    33  of  this  section and annually thereafter, a report to the governor, the
    34  temporary president of the senate and the speaker of the assembly on the
    35  effectiveness of the program established pursuant to this section.  Such
    36  reports  shall  include an analysis of the impact of such program on the
    37  participating inmates, including factors such as  institutional  adjust-
    38  ment,  behavior  infractions,  reentry rates, HIV and hepatitis C treat-
    39  ment, and program participation, among  related  relevant  factors.  The
    40  reports  shall  also  include  the  impact  on  institutional safety and
    41  performance and any recommendations for  additional  legislative  enact-
    42  ments  that  may be needed or required to improve or enhance the program
    43  as determined to be appropriate by the commissioner.
    44    4. Participation in the medication assisted  treatment  program  shall
    45  not  be withheld from a qualified inmate.  An inmate may enter into such
    46  program at any time during his or her incarceration.   An  inmate  using
    47  medication assisted treatment prior to such inmate's incarceration shall
    48  be  eligible to, upon request by such inmate, continue such treatment in
    49  the medication assisted treatment program for any period of time  during
    50  the  duration of such inmate's incarceration.  No person shall be denied
    51  participation in the program on the basis of a positive  drug  screening
    52  upon  entering  custody  or  upon intake into the program; nor shall any
    53  person receive a disciplinary infraction for such positive drug  screen-
    54  ing.  No  person  shall  be removed from, or denied participation in the
    55  program on the basis of having received any disciplinary infraction: (a)

        A. 833--B                           3

     1  before entry into the  program;  or  (b)  during  participation  in  the
     2  program.
     3    §  2.  Section  45  of  the  correction law is amended by adding a new
     4  subdivision 18 to read as follows:
     5    18. Establish standards and guidelines for  a  program  of  medication
     6  assisted treatment for inmates in county jails and/or county correction-
     7  al facilities equivalent to the program established in state correction-
     8  al facilities pursuant to section six hundred twenty-six of this chapter
     9  and submit an annual report consistent with the requirements of subdivi-
    10  sion three of such section.
    11    §  3.    The  mental  hygiene  law  is amended by adding a new section
    12  19.18-c to read as follows:
    13  § 19.18-c Corrections-based substance use disorder treatment and transi-
    14             tion services.
    15    1. The commissioner, in consultation with  local  governmental  units,
    16  county  sheriffs,  the New York city department of corrections and other
    17  stakeholders, shall implement a jail-based substance use disorder treat-
    18  ment and transition services program that supports the initiation, oper-
    19  ation and enhancement of substance use disorder treatment and transition
    20  services for persons with substance use disorder who are incarcerated in
    21  jails.
    22    2. The services to be provided by such program shall be in  accordance
    23  with  plans  developed  by  participating  local  governmental units, in
    24  collaboration with county sheriffs, taking into account local needs  and
    25  available  resources.  These  plans must be approved by the commissioner
    26  and shall include, but not be limited to, the following:
    27    (a) Alcohol, benzodiazepine, heroin and opioid withdrawal management;
    28    (b) At least one formulation of  every  form  of  medication  assisted
    29  treatments approved for the treatment of a substance use disorder by the
    30  Federal Food and Drug Administration necessary to ensure that each indi-
    31  vidual  participating  in the program receives the particular form found
    32  to be the most effective at treating and meeting their individual needs.
    33  The commissioner may allow jails a limited exemption to providing opioid
    34  full agonist treatment medications  where  the  commissioner  determines
    35  that  no  providers  that  have  received the required accreditation are
    36  located within a reasonable distance of the facility. Jails that do  not
    37  have  the  resources  available  to  meet standards set forth herein may
    38  apply to the commissioner for a limited exception allowing such jail  to
    39  enter into an agreement with a community- or jail-based program offering
    40  substance use disorder treatment and transition services to provide such
    41  services  to  individuals in such jails. Any such determination shall be
    42  reviewed on a regular basis;
    43    (c) Group and individual counseling and clinical support;
    44    (d) Peer support;
    45    (e) Discharge planning; and
    46    (f) Re-entry and transitional supports.
    47    3. (a) After a medical screening,  incarcerated  individuals  who  are
    48  determined  to suffer from a substance use disorder for which medication
    49  assisted treatment exists shall be offered placement in  the  medication
    50  assisted  treatment  program.  Placement  in  such  program shall not be
    51  mandatory.
    52    (b) Each participating incarcerated  individual  shall  work  with  an
    53  authorized  specialist  to  develop  an  individualized  treatment plan,
    54  including an appropriate level of counseling and planning for continuity
    55  of care upon return to the community.

        A. 833--B                           4

     1    (c) Decisions regarding type, dosage, or duration  of  any  medication
     2  regimen  shall  be made by a qualified health care professional licensed
     3  or certified under title eight of the education law who is authorized to
     4  administer such medication in conjunction with the incarcerated individ-
     5  ual.
     6    (d)  Participation  in the medication assisted treatment program shall
     7  not be unreasonably withheld from a qualified  incarcerated  individual.
     8  An  incarcerated individual using medication assisted treatment prior to
     9  such individual's incarceration shall be eligible to,  upon  request  by
    10  such  individual,  continue  such  treatment  in the medication assisted
    11  treatment program for any period of time during  the  duration  of  such
    12  individual's incarceration.
    13    (e)  No  person  shall  be  denied participation in the program on the
    14  basis of a positive drug screening upon entering custody or upon  intake
    15  into the program; nor shall any person receive a disciplinary infraction
    16  for  such  positive  drug screening. No person shall be removed from, or
    17  denied participation in the program on the basis of having received  any
    18  disciplinary  infraction:  (1)  before  entry  into  the program; or (2)
    19  during participation in the program.
    20    4. Within amounts appropriated therefor, funding shall be made  avail-
    21  able  pursuant  to  criteria established by the office of alcoholism and
    22  substance abuse services in consultation with local governmental  units,
    23  which  shall  take  into  consideration the local needs and resources as
    24  identified by local governmental units, the  average  daily  jail  popu-
    25  lation,  the  average  number  of  persons incarcerated in the jail that
    26  require substance use disorder services and such other factors as may be
    27  deemed necessary.
    28    5. Any jail-based substance  use  disorder  treatment  and  transition
    29  services program that is already in operation at the time this act shall
    30  have  become  law  and  meets or exceeds the standards set forth in this
    31  section shall be deemed to have met the requirements of subdivisions one
    32  and two of this section. Such programs shall certify annually in writing
    33  to the commissioner that they have met or  exceeded  the  standards  set
    34  forth herein.
    35    § 4. This act shall take effect on the one hundred twentieth day after
    36  it  shall have become a law. Effective immediately, the addition, amend-
    37  ment and/or repeal of any rule or regulation necessary for the implemen-
    38  tation of this act on its effective date are authorized to be made on or
    39  before such date.
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