Governor Carney Signs Package of Legislation to Combat Addiction Crisis

New laws expand access to substance abuse treatment, remove insurance barriers, and strengthen oversight of prescriptions

WILMINGTON, Del. – Governor John Carney on Tuesday signed into law Senate Bill 41, House Bill 91, and House Bill 100, a bipartisan package of legislation that will expand access to substance abuse treatment, strengthen oversight of opioid prescriptions, and combat Delaware’s addiction crisis.

Governor Carney signed the legislation during a ceremony that included remarks from Attorney General Matt Denn, members of the General Assembly, and Delaware advocates for improved access to substance abuse treatment – including families who have lost loved ones to Delaware’s opioid epidemic.

May 30 Bill Signings

“Far too many Delawareans, and Delaware families, have been affected by this crisis,” said Governor Carney. “These new laws represent a significant step forward in our efforts to combat Delaware’s addiction epidemic. To the Delaware families who have lost loved ones to addiction, and who are now fighting to prevent others from experiencing the same fate, your work is nothing short of inspiring. To the Delawareans who are using your own experience with substance abuse to help others, know that you are making a difference. We will continue to follow your lead. Thank you to Attorney General Denn and members of the General Assembly for your continued urgency on this issue.”

“The credit for these bills should go to the Delawareans who have overcome substance abuse, and the families who lost loved ones to drug overdoses, who stepped forward and shared their thoughts about where the system was failing and how it could be improved,” said Attorney General Matt Denn. “We listened and tried to turn their suggestions into laws, but the ideas came from those families, and after giving us the ideas they stood shoulder to shoulder with us to make sure the bills were passed.”

“I truly feel that every life matters,” said MaryBeth Cichocki, who lost her son to opioid addiction, and advocated for the new laws. “We are all one injury or surgery away from the disease that continues to take the lives of those we love. As long as I breathe, Matt will continue to live.”

“We are grGov. Carney signs legislation.ateful for all those responsible for the passing of these bills,” said Don Keister, a founder of atTAcK Addiction, whose son lost his battle with addiction. “When families need help, it’s important that services are available without additional delays. If these laws had been around when our son was battling this disease, he may still be alive today.”

Legislation signed into law on Tuesday will take a number of steps to expand access to substance abuse treatment, target barriers to insurance coverage, and improve Delaware’s response to the addiction epidemic.

The package will:

• Prevent private insurers from using pre-authorization and referral requirements to delay access to substance abuse treatment;
• Require insurance companies to cover 14 days of substance abuse treatment before conducting a “utilization review” that can delay treatment;
• Limit insurance companies from denying substance abuse treatment based on “medical necessity” grounds;
• Allow the Department of Justice to use consumer protection funds to advocate for those being denied coverage based on “medical necessity” grounds;
• Establish a new committee to help oversee opioid prescriptions, and strengthen the oversight of over-prescription.

“Even with limitless support, battling addiction is incredibly difficult. But it shouldn’t be made harder by insurance companies and health care providers standing in the way of critical treatment,” said Senate Majority Leader Margaret Rose Henry, the lead Senate sponsor of House Bill 100. “I am grateful to Governor Carney for signing this important legislation into law, so Delawareans never again have to worry about whether they’re covered by insurance before seeking substance abuse treatment that could save their lives.”

“Delawareans who take the initiative to seek treatment for substance abuse shouldn’t have to wade through red tape to get the help they need,” said Senator Stephanie Hansen, the prime sponsor of Senate Bill 41. “I appreciate the Attorney General’s leadership in helping us pass this important legislation, which ensures that insurance companies are forbidden from imposing pre-certifications, screenings, prior authorizations or referrals for those ready to make the potentially life-saving decision to get help.”

“In light of the scourge of addiction, we need to get these people appropriate treatment, when it’s needed,” said Senator Dave Lawson. “Current coverages are insufficient.”

“These measures are necessary first steps towards addressing the needs of a significant portion of the more than 90,000 Delawareans currently suffering from addiction. We mustn’t fail to provide safety-nets for those in need of immediate treatment, and we must work to ensure current policies align with the increasing needs of Delawareans affected by addiction,” said Senator Anthony Delcollo. “Lastly, we cannot continue to operate in a vacuum when addressing addiction, and I am committed to working with my colleagues to aggressively pursue solutions to improve the lives of almost 100,000 Delawareans affected by this horrific disease.”

“If people struggle and stumble as they seek treatment, they should have the ability to come back and get treated again. Addiction is a disease, just like cancer and diabetes, and should be considered as one when it comes to medical treatment. Delawareans struggling with addiction should be extended a helping hand when they seek treatment, not have the door shut in their faces,” said Representative Helene Keeley, the prime Bill Signingssponsor of House Bill 100. “These combined efforts provide us with the necessary resources to battle the opioid epidemic in the First State and remove the stigma associated with substance abuse.”

“These bills will help save lives in Delaware and I am proud to be part of this effort to combat the disease of addiction. Substance abuse treatment helps people reintegrate into society and lead productive lives,” said Representative Michael Mulrooney, the prime sponsor of House Bill 91. “If we deny people suffering from substance abuse the treatment they need, it can lead them to relapse and either end up in the criminal justice system or worse.”

“This package of legislation represents best practices that we are implementing in Delaware in order to strategically address our concerns in battling the heroin and opioid epidemic,” said Representative Ruth Briggs King. “And, we are not done yet. Other bills, such as the substance-exposed infant legislation is working its way through Legislative Hall and should be our next primary focus in this ongoing effort to combat this epidemic.”

“These bills are key to fighting the opioid epidemic in Delaware because they address a very important component of this process – making sure adequate treatment is available to those who need it,” said Representative Tim Dukes. “Without access to treatment, all our efforts may as well be considered for nothing.”

“Collectively, these bills also add to the public awareness that addiction is a disease, that it can be treated, and people do recover,” said Dr. Kara Odom Walker, Secretary of the Department of Health and Social Services. “With addiction, we know that when people are ready for treatment, the window can be small in terms of connecting them to that critical care. At the Department of Health and Social Services, we will do everything in our power to connect that person to the treatment they seek.”

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Related news:
Delaware to Participate in NGA’s Bipartisan Health Reform Learning Network
DHSS Relaunches ‘Help is Here’ Website with Accompanying Prevention, Treatment, and Recovery Support Campaign


Governor Markell Proposes Expanded Addiction Services in Delaware

Photos from the event

Most significant advancement in expansion of treatment services in over a decade

Newark, DE – Building on efforts to reduce the number of individuals and families whose lives are impacted by addiction, Governor Markell today outlined a proposal for increased public treatment and recovery services in Delaware. Last year, 185 Delawareans, or about one person every other day, died from suspected overdoses.

“Across our state, families are worried that if their loved ones aren’t soon connected to treatment, any single day could be their last,” said Governor Markell, sAddictionsBriefingpeaking in Newark at a sober living Oxford House for people in recovery. “When someone is ready for treatment, they shouldn’t be told there is not a bed available for them. Our commitment, and the commitment of our providers, is to take whatever step is necessary to connect people to treatment.”

The Governor previewed the efforts in his State of the State address, saying the state must make a substantial investment in services for those struggling with substance use disorders and noting that heroin incidents more than doubled in 2012 alone.

Specifics on the Governor’s proposal for increased services include:

  • Increasing withdrawal management services statewide, both at the new detox clinic scheduled to open by June 1 in Harrington and at the existing center in New Castle County. Clinics will match services to individuals’ needs, rather than using a one-size-fits-all approach.
  • Doubling the number of sober living residential beds statewide from 60 to 120, allowing more individuals who are in the early stages of recovery to live in safe, secure housing that is free from drugs and alcohol.
  • Providing a strong foundation for long-term recovery for young people age 18 to 25 who are beginning their recoveries from opiate addiction by doubling the number of residential treatment beds from 16 to 32.
  • Increasing accessibility to residential treatment programs statewide by opening new programs statewide and closing the current treatment program on the Governor Bacon Campus in Delaware City. These changes are expected to be completed by the end of the year and will result in the addition of 17 treatment beds.

The proposal would support several efforts already underway, including the recently launched information website, www.HelpIsHereDE.com, which features prevention information and tips for parents and teens, along with treatment and recovery resources for those already impacted by addiction.

“Our actions are guided by the voices and the courage of those who have been directly impacted by this disease,” said Rita Landgraf, Secretary of the Department of Health and Social Services (DHSS). “Through our work with Attack Addiction – which includes families of loved ones lost to the disease as well as those living in recovery – we have gained valuable insight into the gaps in the treatment system, and we are working to fill those gaps. We must ensure that we not only expand the capacity for life-saving treatment and recovery services but that we offer levels of care that meet the needs of those whose personal stories drive our efforts.”​

The proposal for increased public treatment and recovery services is one of three areas the administration is focusing on in terms of dealing with the addiction crisis.  DHSS and the Children’s Department are working with school superintendents and school nurses to address addiction from a prevention and education standpoint, while the Attorney General’s office, Department of Correction (DOC), and Division of Professional Regulation are focusing on the criminal justice and control aspects of addiction. Attorney General Matt Denn and DOC Commissioner Robert Coupe were both present for today’s event.AddictionsBriefing

“A significant percentage of offenders who enter our State’s correctional system suffer from addiction and without the support of proper treatment opportunities in the community they face a greater risk of recidivism,” said Coupe. “The Governor’s proposal to strengthen community-based drug treatment services represents the kind of bold commitment Delaware needs to provide a cost-effective alternative to incarceration, support those who suffer from addiction, and give them the helping hand they desperately need to achieve and maintain their sobriety.”

Support for increased addiction services has been noticeable both within the healthcare and advocacy communities, as well as among members of General Assembly. During his remarks today, the Governor acknowledged several legislators for their commitment to increasing services and for their support of reform efforts necessary in the public treatment system.

“It is good to have addiction take a prominent place in the Governor’s initiatives,” said Rep. Mike Barbieri, chair of the House Health & Social Services Committee. “I believe that we have to identify and fill the gaps in our service delivery system and support our providers in the transformation and strengthening of this system.​”

On Thursday, the Governor will present his full budget recommendation for FY16, which will detail spending plans with regard to treatment and recovery for addiction. The total recommended budget for this proposal is $4.5 million.

“Drug addiction is truly a health care epidemic, like countless other diseases. I’m glad the governor is making it a priority,” said Sen. Bethany Hall-Long, D-Middletown, who chairs the Senate Health & Social Services Committee. “The victims of addiction extend far past the individual user. It can tear apart households, families and even communities. Offering treatment and a path to recovery for those who need it most is a vital public service, and it benefits all of us in the long run.”

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Governor Announces Expansion of Addiction Treatment Services

Downstate detox center, increase in individualized treatment services, and informational website part of Statewide efforts

Wilmington, DE – Building on ongoing efforts to address the addiction epidemic in Delaware and the growing need of drug treatment services statewide, Governor Markell today unveiled efforts to expand addiction treatment services and support for Delawareans impacted by addiction.AddictionTreatmentPlan

“Across our state, too many of our neighbors and their family members are impacted by their loved one’s addiction to heroin, prescription drugs, alcohol or other substances,” said Governor Markell. “We must remain committed to opening the doors to addiction treatment because people deserve the opportunity to reach their full potential, free from the pain that addiction brings.”

Part of the efforts unveiled include establishing a new withdrawal management treatment center in Sussex County to serve individuals who live downstate. Currently, the State operates one detox center, NET Kirkwood Detoxification Center, in New Castle County. In addition, the State plans to offer more individualized treatment services at both locations through variable lengths of stay and increased supervision for those who require intense monitoring.

Funding for the new facility, which totals $950,000, is part of the $1 million that was approved by the General Assembly for FY15 to address gaps in the State’s drug treatment services after the Governor called for additional resources in his State of the State address. The other $50,000 of those funds will allow the Delaware Division of Public Health to work closely with Delaware school nurses to expand the “Smart Moves, Smart Choices” prescription drug abuse education and prevention campaign statewide.

“Above all else, we will achieve our greatest success if we can educate and prevent substance use among our young people,” said Governor Markell.AddictionTreatmentPlan

Recognizing the importance of education and prevention in addressing the addiction epidemic, the State also launched www.HelpIsHereDE.com, an information website that puts an emphasis on prevention, treatment and recovery; and announced the launch of a public awareness campaign that will support the website and focus on reducing the stigma associated with addiction.

The Governor also expressed his gratitude to Members of the General Assembly, including Senators Margaret Rose Henry and Bethany Hall-Long, as well as Representatives Mike Barbieri, Helene Kelley and Michael Mulrooney, who have worked with the Department of Health and Social Services (DHSS), advocates, health care providers and other community leaders to help shape the state’s priorities to address addiction.

Photos from the event