SUMMER DAZE

Just before it’s Summer break, the N.J. Legislature tackled a sizable number of bills of relevance to behavioral health activists. There is much to report on as the severity of the opioid epidemic has continued to garner the attention of the media, decision-makers, and the public-at-large. The enormity of the crisis has also altered the way in which many policy-makers regard those individuals seeking long-term recovery. In just the past few years, recovery activists went from gadflies trying to get officials to pay attention, to experts, whose misfortunes have sadly made them the sought-out ones who can often best inform the public discourse on practical solutions.

Some of the legislative proposals that have been enacted in to law during the past few months, include:

A.542/S.1830 – Requires high schools to stock opioid overdose reversal drugs, authorizes school nurses to administer, and provides them with legal indemnification

A.4744/S.3314 – Mandates that the N.J. Dept. of Human Services ensure medication assisted treatment benefits under the Medicaid program are provided without the imposition of prior authorization strictures

A.3292/S.2244 – Requires that all opioid prescriptions include a warning sticker advising patients of the risk of addiction and overdose

S.1339/A.2031 – Requires health insurance plans to pay for behavioral health care on a par with the manner in which they compensate for physical/medical health services

A.4498/S.3205 – Permits that a marijuana possession conviction of five pounds or less, be eligible for expungement. The new law additionally creates an expedited expungement process for certain marijuana-related offenses and offers a “clean slate” expungement to individuals with multiple convictions who have been out of the criminal justice system for at least ten years.

Other measures that have moved through various stages of the legislative process, and could be further acted upon before the current Assembly and Senate Term ends on Jan. 7, 2020, include:

S.938/A.3064 – Would require nursing homes to provide training to staff in behavioral health issues

SJR94/AJR70 – Would establish a one-year commission to examine the best ways to address the issue of people who repeatedly endure opioid overdoses and revivals

A.4150/S.2742 – Would require a meeting between a student and appropriate school personnel after multiple suspensions or a proposed expulsion from public school to identify behavior or health difficulties

A.3955/S.624 – Would limit private patient information behavioral health care providers may disclose to insurance carriers

S.3813/A.5510 – Would expand the Law Against Discrimination to provide that it will be unlawful for any entity that operates a health program to discriminate against an individual on the basis of the person being a member of a protected class

S.2332/A.3755 – Would allow persons with one or two convictions involving third and fourth degree aggravated assault to be eligible for Drug Court. Would also permit eligibility for individuals with older, multiple criminal convictions that are at least five years old, if the court determines that the program would be beneficial

A.4652/S3198 – Would allow for the reduction of court-ordered fines for individuals who successfully complete Drug Court

S.3857/A.5459 – Would mandate that healthcare professionals receive training in best practices in the care of pregnant women with respect to prescription opioids

A.5425/S.4021 – Would provide that no substance use disorder treatment facility shall pay or otherwise furnish any fee, commission, or rebate to any person to refer patients to the facility for therapy or services

S.3808/A.5506 – Would obligate basic health insurance plans offered in the state, to cover “essential health services.” These services include therapy for substance misuse and mental health disorders.

S.626/A.1733 – Would impose a prohibition on preexisting condition exclusions in health insurance policies

A.5501/S.3802 – Would require the continuation of health benefits dependent coverage until the child turns 26 years of age

S.824/A.2089 – Would replace the current mandate for a suspended license in the case of a first-time drunk driving offense with a required utilization of an Ignition Interlock Devise (IID) on the offender’s vehicle – Also establishes a category of “drugged driver” and provides for similar penalties

For more information about these bills, visit www.njleg.stste.nj.us

All of this leaves still more measures that might move after the Legislature’s Summer Break and before the current Term ends at the close of the year. Some of the topic areas include:

*Insurance parity-related protections, e.g. creation of a behavioral healthcare Ombudsperson position, health insurance network adequacy, and other parity-implementation and access to care initiatives

*Require public and private high schools to annually conduct written or verbal screenings of all students to identify early substance use

*Expand the right to vote to persons incarcerated, and on probation or parole

*Mandate that a portion of forfeited assets in certain drug cases be directed to fund drug treatment

*Require insurance carriers to reimburse for Suboxone and Subutex

*Designate sober living homes as beneficial uses in the context of the Municipal Land Use Act

*Improve performance standards for non-emergency medical transport provided under Medicaid

*Allow individuals who complete a drug court program to qualify for a casino employee’s license

*Mandate that colleges and universities maintain a supply of an opioid antidote

And many more…

Ed Martone

Policy Analyst