CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2733

Introduced by Assembly Member Choi

February 18, 2022

An act to add Article 4 (commencing with Section 3090) to Chapter 8 of Title 1 of Part 3 of the Penal Code, relating to parole.


LEGISLATIVE COUNSEL'S DIGEST


AB 2733, as introduced, Choi. Parolee substance use disorder treatment.
Existing law requires the Department of Corrections and Rehabilitation to expand substance abuse treatment services in prisons, as specified. Existing law requires the department to expand followup treatment services in the community in order to ensure that offenders who participate in substance abuse treatment while incarcerated in prison receive necessary followup treatment while on parole. Existing law requires the department to establish a pilot program at one or more institutions to provide a medically assisted substance use disorder treatment model for treatment of inmates with a history of substance use problems. Existing law requires the department to consider specified components in establishing the program, including linkages to community-based treatment upon parole.
Existing law, contingent upon the appropriation of specified federal grant funds to the State Department of Health Care Services (DHCS), establishes the California MAT Re-Entry Incentive Program, which makes a person released from prison on parole, with certain exceptions, eligible for a 30-day reduction to the period of parole for every 6 months of treatment that is not ordered by the court, up to a maximum 90-day reduction. For the parolee to receive the reduction, existing law requires, among other things, that the parolee successfully participate in a substance abuse treatment program that employs a multifaceted approach to treatment.
Existing law provides for the Medi-Cal program, which is administered by DHCS, and under which qualified low-income individuals receive health care services, including substance use disorder services that are delivered through the Drug Medi-Cal Treatment Program (Drug Medi-Cal) and the Drug Medi-Cal organized delivery system (DMC-ODS), subject to utilization controls. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.
This bill would require the Department of Corrections and Rehabilitation to conduct parolee referrals for substance use disorder treatment (SUDT) for inmates preparing for reentry and parolees already in the community, who are in need of SUDT, as specified. The bill would require the department to facilitate the enrollment into the Medi-Cal program for all inmates entering parole and who are eligible for, and requesting to enroll in, Medi-Cal. The bill would require the department to refer all parolees with SUDT needs to providers enrolled in Medi-Cal and who are certified to provide Drug Medi-Cal or DMC-ODS services, with Medi-Cal coverage of the services limited to those parolees enrolled in Medi-Cal, as specified.
The bill would require the department, for any new or renewed Specialized Treatment for Optimized Programming (STOP) contracts entered into with regional contractors on or after January 1, 2023, to require the regional contractors to subcontract only with STOP providers who meet certain conditions, including that the provider provides services in a manner that is consistent with Medi-Cal standards, including placing parolees in services based on medical necessity.
The bill would require the department to, among other things, enter into an interagency agreement with DHCS, under which DHCS would pass on to the department any costs incurred by DHCS for STOP services provided to parolees that are billed through the Medi-Cal program but are not eligible for federal reimbursement.
The bill would condition implementation of its provisions on an appropriation by the Legislature and being consistent with the Medi-Cal program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Article 4 (commencing with Section 3090) is added to Chapter 8 of Title 1 of Part 3 of the Penal Code, to read:
Article  4. Parolee Substance Use Disorder Treatment

3090.
 For purposes of this article, the following definitions apply:
(a) “Department” means the Department of Corrections and Rehabilitation, unless specified otherwise.
(b) “DHCS” means the State Department of Health Care Services.
(c) “DMC-ODS” means a county Drug Medi-Cal organized delivery system authorized under the California Medi-Cal 2020 Demonstration pursuant to Article 5.5 (commencing with Section 14184) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, or a successor demonstration or waiver, as applicable.
(d) “Drug Medi-Cal” means the Drug Medi-Cal Treatment Program, as described in Article 3.2 (commencing with Section 14124.20) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code.
(e) “ISUDTP” means the Integrated Substance Use Disorder Treatment Program, established within the department.
(f) “STOP” means Specialized Treatment for Optimized Programming, established within the department.
(g) “SUDT” means substance use disorder treatment.

3091.
 (a) (1) The department shall conduct parolee referrals for substance use disorder treatment (SUDT) for inmates preparing for reentry and parolees already in the community, who are in need of SUDT, in a manner consistent with the Integrated Substance Use Disorder Treatment Program (ISUDTP).
(2) The department and participating providers are encouraged to use the National Institute on Drug Abuse (NIDA) Quick Screen and the American Society of Addiction Medicine (ASAM) Criteria when identifying needs and creating treatment plans.
(b) The department shall ensure that the prerelease planning processes being established as part of ISUDTP are robust enough to accommodate all parolees and shall ensure that there is no gap in SUDT services when parolees are released from prison.

3092.
 (a) The department shall facilitate the enrollment into the Medi-Cal program for all inmates entering parole and who are eligible for, and requesting to enroll in, Medi-Cal.
(b) (1) The department shall refer all parolees with SUDT needs to providers enrolled in Medi-Cal and who are certified to provide Drug Medi-Cal or DMC-ODS services.
(2) It is the intent of the Legislature that parolees who are eligible for, and enrolled in, Medi-Cal receive SUDT services as a covered Drug Medi-Cal or DMC-ODS benefit pursuant to applicable Medi-Cal provisions, and that parolees not enrolled in Medi-Cal also receive SUDT services from the providers described in paragraph (1) even though the services would not be reimbursed under Medi-Cal. It is the intent of the Legislature that this approach facilitate the provision of medically appropriate SUDT to all parolees with SUDT needs, thereby no longer requiring the maintenance of two separate SUDT delivery systems.

3093.
 (a) For any new or renewed Specialized Treatment for Optimized Programming (STOP) contracts entered into with regional contractors on or after January 1, 2023, the department shall require the regional contractors to subcontract only with STOP providers who meet all of the following conditions:
(1) The provider is enrolled as a Medi-Cal provider and certified to provide Drug Medi-Cal or DMC-ODS services, including residential SUDT if available.
(2) The provider provides services in a manner that is consistent with Medi-Cal standards, including placing parolees in services based on medical necessity.
(3)  The provider ensures continuity of care by working with parolees to develop a plan for continued access to services after completion of parole as necessary.
(4) For purposes of SUDT services provided to parolees who are Medi-Cal beneficiaries, the provider submits claims for reimbursement through Drug Medi-Cal or DMC-ODS.
(b) The department shall continue to partner with the regional contractors in order to connect parolees with providers upon release and to conduct oversight of the non-SUDT services provided to parolees.
(c) The department shall enter into an interagency agreement with the State Department of Health Care Services (DHCS), under which DHCS would pass on to the department any costs incurred by DHCS for STOP services provided to parolees that are billed through the Medi-Cal program but are not eligible for federal reimbursement.

3094.
 (a) This article shall be implemented subject to an appropriation by the Legislature for the purposes described in this article.
(b) This article shall be implemented in a manner consistent with the Medi-Cal program.
(c) This article shall not be construed as imposing any new requirements on counties to implement any provisions of this article, including, but not limited to, contracting with STOP providers.