MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Public Health and Welfare; Appropriations
By: Senator(s) Fillingane
AN ACT TO CREATE THE MISSISSIPPI COMPREHENSIVE ADDICTION RECOVERY CENTER ACT; TO DEFINE TERMS; ESTABLISH THE MISSISSIPPI COMPREHENSIVE ADDICTION RECOVERY CENTER GRANT PROGRAM; TO REQUIRE THE DEPARTMENT OF MENTAL HEALTH TO ESTABLISH A COMPREHENSIVE ADDICTION RECOVERY CENTER CERTIFICATION FOR ELIGIBLE ENTITIES; TO AUTHORIZE THE DEPARTMENT TO AWARD GRANTS AND CERTIFICATIONS; TO MANDATE CRITERIA FOR APPLICATIONS FOR CERTIFICATIONS AND GRANTS; TO REQUIRE ENTITIES AWARDED A GRANT UNDER THE GRANT PROGRAM TO PROVIDE AN ANNUAL REPORT TO THE DEPARTMENT; TO REQUIRE THE DEPARTMENT TO PROVIDE A REDACTED REPORT TO CERTAIN GOVERNMENTAL AUTHORITIES; TO AUTHORIZE THE DEPARTMENT TO ADMINISTER THE GRANT PROGRAM WITH A PORTION OF THE MONIES AWARDED UNDER THE GRANT PROGRAM; TO CREATE THE MISSISSIPPI COMPREHENSIVE ADDICTION RECOVERY CENTER FUND IN THE STATE TREASURY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as "The Mississippi Comprehensive Addiction Recovery Center Act."
SECTION 2. As used in this act:
(a) "Department" means the State Department of Mental Health.
(b) "Grant program" means the Mississippi Comprehensive Addiction Recovery Center Grant Program.
SECTION 3. (1) (a) The Mississippi Comprehensive Addiction Recovery Center Grant Program is established, under the direction and administration of the State Department of Mental Health, for the purpose of making grants to establish and/or operate certified comprehensive addiction recovery centers.
(b) The grant program shall be established with such state funds as may be appropriated by the Legislature.
(2) The department shall establish a comprehensive addiction recovery center certification for eligible entities that meet the requirements of this act.
SECTION 4. (1) The department may award a certification and a grant in accordance with this act to an eligible entity or group of entities working in cooperation to either establish or operate a comprehensive addiction recovery center. The department shall receive applications for certifications and grants from entities. All applications shall be submitted in accordance with the provisions of grant procedures, and application criteria and standards developed and made public by the department.
(2) The department shall assess applications to ensure that the applicants meet the following criteria or, in the case of an application to establish a comprehensive addiction recovery center, will be able to meet the following criteria:
(a) Are credentialed to accept reimbursement through, a policy of accident and health insurance regulated under Section 83-9-1 et seq., a contract with a health maintenance organization, the Medicaid program defined in 43-13-1 et seq., and mental health and addiction forensic treatment services.
(b) Are capable to carry out, or is capable of coordinating with other entities to carry out, the following:
(i) Community outreach as follows:
1. The training and supervision of outreach staff to work with schools, workplaces, faith-based organizations, the State Department of Health, local health departments, law enforcement, and first responders to ensure awareness of the center's services; and
2. The dissemination online of evidence-based resources that educate professionals and the public on opioid use disorder and other substance use disorders; and
(ii) Treatment and recovery services as follows:
1. Intake evaluations that determine the clinical needs of patients;
2. The full continuum of treatment services, including all drugs approved by the Food and Drug Administration for medication assisted treatment to include withdrawal management, detoxification and maintenance of substance use disorders;
3. Treatment services to include either partial hospitalization or intensive outpatient, at least one (1) level of residential care, at least one (1) level of inpatient or acute hospitalization, peer support services, and outpatient services, including medication management and behavioral therapies, recovery residences, and other services as defined by the department; and
4. Administration of an onsite pharmacy and provision of toxicology services; and
(iii) Establishment and operation of a secure and confidential electronic health information system that is capable of measuring recovery outcomes, including measures of housing and employment as well as any other measures established by the department;
(iv) Partnering with community or faith-based entities to offer family support services, including child-care, family counseling, and other services as defined by the department; and
(v) Partnering with entities to deliver job training and workforce readiness services; and
(c) Are capable to use the grant funds to either establish or operate a comprehensive addiction recovery center.
(3) The department shall give priority to applications by eligible entities that are geographically distributed around the state and meet other criteria or need, as determined by the department.
SECTION 5. (1) Each entity that is awarded a grant under this act to establish or operate a comprehensive addiction recovery center must submit an annual report to the department by October 15. The report shall include the following data:
(a) The programs and activities funded by the grant program;
(b) The health outcomes, including recovery measures concerning housing and employment, of individuals with a substance use disorder who received services from the center;
(c) The effectiveness of interventions designed, tested, and evaluated by the center; and
(d) Any other information required by the department to:
(i) Evaluate the effectiveness of the center; and
(ii) Ensure that the center is complying with all of the requirements of the grant, including providing the full continuum of services described in Section 4(1) of this act and the drugs and devices for overdose reversal.
(2) Any data submitted in the report described in subsection (1) of this section that identifies any patient information of a comprehensive addiction recovery center is confidential. However, the outcomes data may be released to any board, commission, department, division, bureau, committee, agency, office, instrumentality, or authority, by whatever name designated, exercising any part of the executive, administrative, judicial, or legislative power of the state.
(3) Each year, on or before January 15, the department shall combine the reports received from entities that receive grants under this act, redact the confidential data described in subsection (2) of this section and deliver the redacted reports to the Governor, the Lieutenant Governor, the Chair and Vice Chair of the Senate Public Health and Welfare Committee and the Chair and Vice Chair of the House Public Health and Human Services Committee.
SECTION 6. (1) The department may use a portion of any grant monies received under this act to administer the grant program and to pay reasonable expenses it incurs; however, in no case, shall more than one and one-half percent (1-1/2%) of any grant monies received under this act be used for grant program expenses.
(2) No assistance shall be provided to an entity under this act unless the entity certifies to the department that it will not discriminate against any employee or against any applicant for employment because of race, religion, color, national origin, sex or age.
SECTION 7. (1) There is created a special fund in the State Treasury to be known as the Mississippi Comprehensive Addiction Recovery Center Fund, from which grants and expenditures authorized in connection with the grant program shall be disbursed. The Treasurer shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. The Treasurer shall deposit interest that accrues from these investments in the fund. All monies received by legislative appropriation to carry out the purposes of this act shall be deposited into the Mississippi Comprehensive Addiction Recovery Center Fund.
(2) The fund shall consist of the following:
(a) Money appropriated to the fund by the Legislature;
(b) Money received from state or federal grants or programs;
(c) Interest accrued from any investment of fund monies; and
(c) Donations, gifts, and money received from any other source.
(4) Money in the fund at the end of a state fiscal year shall not revert to the State General Fund.
(5) Expenditures from the fund may not be made unless the expenditure is approved by the department.
SECTION 8. This act shall take effect and be in force from and after July 1, 2020.