HB 561 — An Act amending Title 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in Nonnarcotic Medication Assisted Substance Abuse Treatment Grant Pilot Program, further providing for definitions, repealing provisions relating to establishment of pilot program, providing for establishment and further providing for county participation requirements, for use of grant funding, for powers and duties of department, for report to General Assembly and for construction; imposing duties on the Pennsylvania Commission on Crime and Delinquency; and making an editorial change.

PRINTER'S NO.   565

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 561
                                               Session of
                                                 2025

     INTRODUCED BY MADDEN, PIELLI, SANCHEZ, KHAN, HILL-EVANS, GIRAL,
        BURGOS, CEPEDA-FREYTIZ, SCHLOSSBERG, SHUSTERMAN, KINKEAD,
        HOWARD, FRANKEL, CIRESI, KENYATTA, O'MARA, GREEN, WAXMAN,
        RABB, VENKAT, GUENST, BRENNAN, HANBIDGE, CERRATO, T. DAVIS,
        DALEY, KAZEEM, KOSIEROWSKI, KRAJEWSKI, K.HARRIS, RIVERA,
        FREEMAN, MAYES, CURRY, PROBST, J.HARRIS AND D. WILLIAMS,
        FEBRUARY 12, 2025

     REFERRED TO COMMITTEE ON HUMAN SERVICES, FEBRUARY 12, 2025


                                    AN ACT
 1   Amending Title 61 (Prisons and Parole) of the Pennsylvania
 2      Consolidated Statutes, in Nonnarcotic Medication Assisted
 3      Substance Abuse Treatment Grant Pilot Program, further
 4      providing for definitions, repealing provisions relating to
 5      establishment of pilot program, providing for establishment
 6      and further providing for county participation requirements,
 7      for use of grant funding, for powers and duties of
 8      department, for prior authorization, for report to General
 9      Assembly and for construction; imposing duties on the
10      Pennsylvania Commission on Crime and Delinquency; and making
11      an editorial change.
12      The General Assembly of the Commonwealth of Pennsylvania
13   hereby enacts as follows:
14      Section 1.    Chapter 46 heading of Title 61 of the
15   Pennsylvania Consolidated Statutes is amended to read:
16                                CHAPTER 46
17                     [NONNARCOTIC MEDICATION ASSISTED]
18     MEDICATION-ASSISTED SUBSTANCE ABUSE TREATMENT GRANT [PILOT]
19                                 PROGRAM
20      Section 2.    The definition of "pilot program" in section 4601
 1   of Title 61 is amended and the section is amended by adding
 2   definitions to read:
 3   § 4601.    Definitions.
 4      The following words and phrases when used in this chapter
 5   shall have the meanings given to them in this section unless the
 6   context clearly indicates otherwise:
 7      "Commission."    The Pennsylvania Commission on Crime and
 8   Delinquency.
 9      * * *
10      "Medication-assisted treatment."    The use of United States
11   Food and Drug Administration-approved medications, along with
12   treatment other than medication, as clinically indicated, to
13   treat substance use disorders, including opioid use disorders.
14      ["Pilot program] "Program."    The [Nonnarcotic Medication
15   Assisted] Medication-assisted Substance Abuse Treatment Grant
16   [Pilot] Program established under [this chapter] section 4602.1
17   (relating to establishment).
18      Section 3.    Section 4602 of Title 61 is repealed:
19   [§ 4602.    Establishment of pilot program.
20      The Nonnarcotic Medication Assisted Substance Abuse Treatment
21   Grant Pilot Program is established in the department to increase
22   opportunities for counties to provide long-acting nonnarcotic,
23   nonaddictive medication combined with comprehensive substance
24   abuse treatment to eligible offenders upon release from county
25   correctional institutions. Grants shall be limited to fiscal
26   year 2015-2016 and awarded to counties eligible to participate
27   in the pilot program within six months of the effective date of
28   this section.]
29      Section 4.    Title 61 is amended by adding a section to read:
30   § 4602.1.    Establishment.

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 1      The Medication-assisted Substance Abuse Treatment Grant
 2   Program is established in the commission to increase
 3   opportunities for counties to provide medication-assisted
 4   treatment combined with comprehensive substance use treatment to
 5   eligible offenders while incarcerated and upon release from
 6   county correctional institutions.
 7      Section 5.     Sections 4603, 4604, 4605, 4606, 4607 and 4608 of
 8   Title 61 are amended to read:
 9   § 4603.    County participation requirements.
10      In order to be eligible for grant funding under the [pilot]
11   program, a county must:
12             (1)   Make application to the [department] commission in a
13      form and manner as provided by the [department] commission.
14             (2)   Have a county correctional institution with an
15      institutional substance abuse treatment program that supports
16      offenders while incarcerated or transitioning from a county
17      correctional institution to the community or offenders who
18      are sentenced to serve [county intermediate punishment
19      sentences] probation with restrictive conditions.
20             (3)   Be able to contract with a provider as required
21      under section 4604 (relating to use of grant funding).
22             (4)   Meet any other requirements established by the
23      [department] commission.
24   § 4604.    Use of grant funding.
25      (a)    County.--A county awarded a grant under the [pilot]
26   program shall do all of the following or contract with an
27   entity, provider or organization that shall:
28             (1)   Assess each offender, prior to reentry into the
29      community, and determine if the offender is a candidate to
30      whom should be administered medication that prevents relapse

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 1      to drug dependence or alcohol dependence, or both.
 2             (2)   Create an individualized program for each offender
 3      identified under paragraph (1).
 4             (3)   Provide access to and administer [long-acting
 5      nonnarcotic, nonaddictive medication assisted treatment]
 6      medication-assisted treatment.
 7             (4)   Provide clinically appropriate inpatient or
 8      outpatient services determined as necessary to support each
 9      individual's treatment plan.
10             (5)   Cooperate with the county probation and parole
11      office as to the use of any drug under paragraph (1) by any
12      eligible offender.
13             (6)   Create a discharge plan for each offender under
14      paragraph (1).
15      (b)    Requirement of participants.--Each participant must
16   [agree to waive the privacy requirements of the Health Insurance
17   Portability and Accountability Act of 1996 (Public Law 104-191,
18   110 Stat. 1936)] provide consent under applicable Federal and
19   State law to the extent needed for the county to have access to
20   the information required under this section.
21   § 4605.    Powers and duties of [department] commission.
22      (a)    General rule.--The [department] commission, in
23   collaboration with the department, shall:
24             (1)   Establish a form for counties to apply for grant
25      funding under the [pilot] program.
26             (2)   Establish criteria for counties making application
27      for grant funding under the [pilot] program.
28             (3)   Develop or approve training and instructional
29      materials for the law enforcement community about opioid and
30      alcohol addiction and the proper and effective use of

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 1      [nonnarcotic medication assisted substance abuse treatment]
 2      medication-assisted treatment in consultation with the
 3      appropriate State agencies, including, but not limited to,
 4      the Department of Drug and Alcohol Programs, the Department
 5      of Human Services, the Department of Health[, the
 6      Pennsylvania Board of Probation and Parole and the
 7      Pennsylvania Commission on Crime and Delinquency] and the
 8      board.
 9             (4)   Make a form available to providers to be used to
10      confirm that an offender is eligible for and enrolled in the
11      [pilot] program.
12             (5)   Set forth the basis for medical providers to be
13      reimbursed and for [medical] substance use treatment
14      providers to be reimbursed for counseling services.
15             (6)   Promulgate any rules and regulations necessary to
16      implement this chapter.
17      (b)    Limitation on grant awards.--Grant awards shall be at
18   the discretion of the [department] commission and shall be
19   limited to amounts annually appropriated to the [department]
20   commission for the [pilot] program.
21   § 4606.    Prior authorization.
22      [Long-acting injectable naltrexone] The following apply:
23             (1)   Medication-assisted treatment shall be approved as
24      part of a prior authorization process by any Medicaid managed
25      care plan operating under contract with the Commonwealth for
26      eligible offenders enrolled in the [pilot] program and
27      receiving comprehensive substance [abuse] disorder treatment
28      which includes the monitoring of medication adherence upon
29      [their] release from county correctional institutions.
30             (2)   Within 90 days of the effective date of this

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 1      [section] paragraph, the Department of Human Services shall
 2      issue a bulletin notice to instruct Medicaid managed care
 3      plans that approval for the use of [long-acting injectable
 4      naltrexone] medication-assisted treatment must be granted if
 5      the eligible offenders are enrolled in the [pilot] program
 6      upon [their] release from county correctional institutions.
 7   § 4607.    Report to General Assembly.
 8      [Within 18 months of the effective date of this section, the
 9   department] (a)      Issuance.--Beginning two years after the
10   effective date of this subsection, the commission shall issue a
11   biennial report to the Judiciary Committee of the Senate and the
12   Appropriations Committee of the Senate and the Judiciary
13   Committee of the House of Representatives and the Appropriations
14   Committee of the House of Representatives evaluating the
15   effectiveness of the [pilot] program. The report shall include:
16             (1)    The number of eligible offenders to whom [long-
17      acting nonnarcotic, nonaddictive medication assisted]
18      medication-assisted treatment was administered.
19             (2) The number of eligible offenders who completed the
20      program of [long-acting nonnarcotic, nonaddictive medication
21      assisted] medication-assisted treatment.
22             (3)    Recidivism rates of eligible offenders to whom
23      [long-acting nonnarcotic, nonaddictive medication assisted]
24      medication-assisted treatment was administered.
25             (4)    [The average amount of] A summary of the grants
26      awarded to counties and the amounts awarded.
27             [(5)    The number of providers available to meet the
28      requirements provided in section 4603 (relating to county
29      participation requirements) on a county-by-county basis.]
30             (6)    The impact of the use of [long-acting nonnarcotic,

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 1      nonaddictive medication assisted] medication-assisted
 2      treatment on treatment outcomes and any potential cost
 3      savings.
 4      (b)    (Reserved).
 5   § 4608.   Construction.
 6      Nothing in this act shall be construed to create an
 7   entitlement or a right of an eligible offender to receive
 8   medication-assisted treatment while incarcerated or upon release
 9   from a county correctional institution.
10      Section 6.    This act shall take effect in 60 days.




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