Model Laws

July 19, 2024 | Insurance, Model Laws, Reentry

The Model Medicaid Reentry Section 1115 Demonstration Waiver Act: (1) requires a state department of health and human services to apply for a Medicaid reentry Section 1115 demonstration waiver to allow a state Medicaid program to cover pre-release services for a Medicaid eligible incarcerated individual for up to 90 days prior to the individual’s expected release date; and (2) requires a state department of health and human services to conduct comprehensive monitoring and evaluation of the Medicaid reentry demonstration, if the waiver is approved....

July 19, 2024 | Model Laws, Reentry

The Model Relief from Collateral Consequences of Conviction Act: (1) establishes a process for the identification, collection, and publication of state and federal collateral consequences that impact an individual who has been convicted of a crime and provide for a method to notify such individual of those consequences; (2) establishes a process by which an individual can obtain a certificate of relief from certain collateral consequences before records are eligible to be sealed or expunged; (3) establishes mechanisms for the automatic sealing and automatic expungement of criminal history records; (4) establishes a process by which an individual can petition to seal or expunge his or her criminal history records which includes a rebuttable presumption in favor of granting such petitions; (4) prohibits certain individuals and entities from inquiring into an individual’s criminal history unless an exception applies; and (5) establishes penalties for the unlawful disclosure of sealed or expunged criminal history records....

May 22, 2024 | Medication Assisted Treatment (MAT), Model Laws, Pharmacy, Recovery, Treatments

Drafted in collaboration with the Center for Health Law Studies at the St. Louis University School of Law, the Model Pharmacist Collaboration for Medication for Opioid Use Disorder Act can help to save the lives and improve the health and quality of life of individuals who have an opioid use disorder (OUD) by expanding access to and availability of medication for OUD. This Act does so by increasing the health care workforce that provides medication for OUD by authorizing pharmacists to: (1) prescribe medications for OUD for treatment and refer patients for long-term treatment; and (2) prescribe, initiate, monitor, and adjust long-term treatment pursuant to collaborative practice agreements for collaborative drug therapy management. The Act further requires Medicaid and private health insurance coverage for pharmacists’ comprehensive patient care and medication management services provided as part of a standing protocol or drug therapy management collaborative practice for medication for OUD. It also provides for the establishment of a grant program to incentivize and sustain inter-professional collaborations that include pharmacists through educational programs, statewide initiatives, community programs, and pilot programs....

November 8, 2023 | Model Laws, Recovery

The Model Recovery-ready Workplaces Act establishes a program by which employers can become recovery-ready participants or certified as recovery-ready workplaces. Examples of recovery-ready policies may include (1) establishing a culture that values a healthy work environment; (2) encouraging the hiring of qualified people in recovery; and (3) eliminating barriers for employees seeking treatment....

May 3, 2023 | Controlled Substances, Harm Reduction, K-12 Education, Model Laws, Public Health, Public Safety

Developed in collaboration with the Earl Carl Institute for Legal and Social Policy at Texas Southern University’s Thurgood Marshall School of Law, the Model School Response to Drugs and Drug-related Incidents Act guides states in establishing a consistent and positive response for public schools to best support students who have drug or drug-related incidents on school premises or at school-related functions....

March 14, 2023 | Controlled Substances, Model Laws, Opioids, Public Health, Substance Misuse, Treatments

Drafted in partnership with the O'Neill Institute for National and Global Health Law at Georgetown University, the Model Substance Use Disorder Treatment In Emergency Settings Act establishes and aligns mechanisms for maximizing emergency medical settings as intervention points for people who experience a substance use-related emergency, people with substance use disorders, and their families. It addresses barriers to implementing protocols in emergency medical settings that would ensure evidence-based treatment of patients with substance use-related emergencies....

March 7, 2023 | Controlled Substances, Fetal and Infant Health, Harm Reduction, Maternal Health, Model Laws, Public Health, Recovery, Substance Misuse, Treatments

The Model Substance Use During Pregnancy and Family Care Plans Act: (1) provides certain protections to pregnant or postpartum women with a substance use disorder so that such individuals are not penalized for receiving medical treatment, including medication(s) to treat the substance use disorder; and (2) establishes that an infant born affected by parental substance use disorder or showing signs of withdrawal is not, by itself, grounds for submitting a report of child abuse or neglect....

March 2, 2022 | Controlled Substances, Criminal Justice, Drug Courts, First Responders, Harm Reduction, Law Enforcement, Model Laws, Public Health, Public Safety, Recovery, Substance Misuse, Treatments

 Drafted in partnership with the Police, Treatment, and Community Collaborative (PTACC), the Model Law Enforcement and Other First Responder Deflection Act, encourages the use and establishment of deflection programs on the state level. Specifically, the model act (1) authorizes law enforcement and other first responders to develop and implement collaborative deflection programs that provide proactive policing to assist individuals who are at risk; (2) offers pathways to treatment, recovery services, housing, medication for addiction treatment, whole family services, and other needed supports; (3) requires deflection programs to have certain threshold elements to be eligible to receive grant funding; and (4) requires agencies establishing deflection programs to develop comprehensive memoranda of understanding in conjunction with, and agreed to by, all deflection program partners....