House Passes Substance Addiction Legislation to Enhance Continuum of Care and Prevention Efforts

BOSTON, MA — State Representative Ken Gordon (D-Bedford) joined his colleagues in the Massachusetts House of Representatives to pass substance addiction legislation that creates a new standard to evaluate and treat patients who present in emergency rooms with an apparent overdose. This new best practice, which will be covered by insurance, is designed to ensure the proper assessment and discharge of patients who seek voluntary treatment.

The bill limits first-time opiate prescriptions to seven days for adults and all opiate prescriptions for minors to seven days, with with exceptions for chronic pain management, cancer, and palliative care. Additionally, practitioners must check the prescription monitoring program (PMP) each time they prescribe any opiate and correspondingly note that in the patient’s medical records.

“We are in the midst of a public health crisis that is draining vitality from our hometowns, extinguishing lives and stealing souls,” said House Speaker Robert A. DeLeo (D-Winthrop).  “The House has crafted legislation and budgets that complement each other and set a foundation for continual improvement. I’m proud of that strategy, especially our emphasis on consensus-building. I wholeheartedly thank my colleagues and Chairs Malia, Dempsey and Sánchez for their creative, unassuming and compassionate commitment to paving a path for the recovery of thousands of our loved ones, and in fact, a path for our wounded Commonwealth.”

“The bipartisan legislation the House passed today creates a safety net and a new standard in acute care settings designed to ensure the proper assessment and discharge of patients who seek voluntary treatment,” said Liz Malia (D-Jamaica Plain), Chair of the Joint Committee on Mental Health and Substance Abuse. “It builds off of our efforts from last session that effective October 1, 2015 required insurers to cover up to 14 days of medical detox and step-down services by also guaranteeing insurance coverage of the substance abuse evaluation. This new best practice will arm providers with the resources necessary to ensure our most vulnerable population has the access to treatment they need. I praise and commend the Speaker for his leadership and commitment to change how we view and treat those suffering from addiction, as well as the Baker Administration and our Senate colleagues for prioritizing proposals to disrupt the status quo and stem the tide of this public health crisis. Change requires starting where we are and continuing to progress incrementally, and I think this bill does just that.”

“This bill is an important next step in our continued fight against opiate abuse,” said Brian S. Dempsey (D-Haverhill), Chair of the Joint Committee on Ways and Means.  “The legislation builds on the significant investments and initiatives that the House has made over the last several years to combat this crisis which has impacted every corner of the Commonwealth.  I believe that the changes proposed in this bill will make significant strides towards connecting people with the services they need to overcome their addictions and limiting the number dangerous drugs on our streets.”

“This bill strengthens providers’ ability to screen and treat patients,” said Representative Jeffrey Sánchez (D-Jamaica Plain), Chair of the Joint Committee on Health Care Financing. “It presents a balanced approach to addressing both prevention and treatment. The entire Commonwealth stands to gain from this important legislation.”

“The Bill addresses a crisis affecting residents throughout the Commonwealth,” said Representative Gordon. “I am proud to have voted in support of this bill and I am equally proud of my successful amendment, which was supported by Lahey Clinic that strengthened the principles behind the legislation.”

In an effort to build upon current prevention efforts, the legislation updates current law requiring all public schools to have a policy regarding substance abuse education by requiring schools to report their plans to the Department of Elementary and Secondary Education (DESE). DESE will then consult with the Department of Public Health (DPH) to provide recommendations that will assist schools and ensure they are providing effective and up-to-date education. Additional education materials will be provided to all student-athletes.

From its discussions with numerous stakeholders and recovery groups, the House recognizes the importance of empowering individuals as they grapple with addiction. As a result, this bill establishes a non-opiate directive form, allowing patients to include a notation in their records that they shall not be offered opiates. It also requires that patients being discharged from substance addiction programs receive information on all FDA-approved medication-assisted therapies.

Over the past few years, the House’s efforts related to substance addiction have focused on behavioral health and the prevalence of co-occurring disorders. This legislation requires the Health Policy Commission to conduct a study on access to dual-diagnosis treatment in the Commonwealth for children, adolescents and adults. To help ensure parity between behavioral and physical health care, the legislation also requires insurance companies to report annually on their denied claims.

This bill also:

  • Requires that contact information for all insurers be posted on the bed-finder tool website and updates the law to ensure the site is available 24 hours a day;
  • Ends the practice of sending women who are civilly committed for alcohol or substance-use disorders to MCI-Framingham;
  • Ensures civil-liability protection for individuals who administer Narcan;
  • Updates the training guidelines for all practitioners who prescribe controlled substances;
  • Establishes the Massachusetts Council on Substance Use Disorder Prevention and Treatment, which will help the Commonwealth understand and confront addiction in a unified way.

This legislation follows a 65.2% increase in substance addiction funding since FY12 and the landmark substance addiction law passed in 2014 which, for the first time, mandated detox and stabilization coverage. The two bills are intended to complement each other and reflect a consensus-driven approach.

(NOTE: The above press release is from State Rep. Ken Gordon’s Office)

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