Certain licensed residential substance use disorder facilities that treat opioid use disorder must provide onsite access to two FDA-approved medication types and submit a compliance attestation to the department.
§2159.1. Residential substance use disorder facilities A.(1) Each residential substance use disorder facility licensed pursuant to this Part as a behavioral health services provider that provides treatment for opioid use disorder shall provide all of the following: (a) Onsite access to at least one form of FDA-approved opioid antagonist treatment. (b) Onsite access to at least one form of FDA-approved partial opioid agonist treatment. (2) For purposes of this Section, "onsite access" shall mean delivery of the treatment to the patient at the location of the residential substance use disorder facility. "Onsite access" shall not mean that the residential substance use disorder facility is required to maintain stock of the medication-assisted treatment at the facility. (3) A residential substance use disorder facility shall not be found to be in violation of this Section if prior authorization from a patient's health insurer, including a Medicaid program, is required and the preapproval request is denied by the patient's health insurer. B. Each residential substance use disorder facility licensed pursuant to this Part as a behavioral health services provider which provides treatment for opioid use disorder shall submit to the department on its initial licensing application or its annual licensing renewal application an attestation as to whether it is complying with the requirements of Subsection A of this Section. The requirement for submission of the attestation shall commence on January 1, 2021. If the licensed facility is not fully complying with the requirements of Subsection A of this Section, then the attestation that the facility submits shall include a report addressing its progress toward satisfying those requirements. Acts 2019, No. 425, §1, eff. Jan. 1, 2020.