Section 5119.19 | Psychotropic drug reimbursement program.
(A) As used in this section:
(1) "Community-based correctional facility" has the same meaning as in section 2929.01 of the Revised Code.
(2) "Drug used in medication-assisted treatment" means a drug approved by the United States food and drug administration for use in medication-assisted treatment, regardless of the method the drug is administered or the form in which it is dispensed, including an oral drug, an injectable drug, or a long-acting or extended-release drug. "Drug used in medication-assisted treatment" includes all of the following:
(a) A full agonist;
(b) A partial agonist;
(c) An antagonist.
(3) "Drug used in withdrawal management or detoxification" means a drug approved by the United States food and drug administration for use in, or a drug in standard use for, mitigating opioid or alcohol withdrawal symptoms or assisting with detoxification, regardless of the method the drug is administered or the form in which it is dispensed, including an oral drug, an injectable drug, or a long-acting or extended-release drug. "Drug used in withdrawal management or detoxification" includes all of the following:
(a) A full agonist;
(b) A partial agonist;
(c) An antagonist;
(d) An alpha-2 adrenergic agonist.
(4) "Medication-assisted treatment" has the same meaning as in section 340.01 of the Revised Code.
(5) "Prescribed drug" has the same meaning as in section 5164.01 of the Revised Code.
(6)(a) "Psychotropic drug" means, except as provided in division (A)(6)(b) of this section, a drug that has the capability of changing or controlling mental functioning or behavior through direct pharmacological action. "Psychotropic drug" includes all of the following:
(i) Antipsychotic medications, including those administered or dispensed in a long-acting injectable form;
(ii) Antidepressant medications;
(iii) Anti-anxiety medications;
(iv) Mood stabilizing medications.
(b) "Psychotropic drug" excludes a stimulant prescribed for the treatment of attention deficit hyperactivity disorder.
(7) "Withdrawal management or detoxification" means a set of medical interventions aimed at managing the acute physical symptoms of intoxication and withdrawal. Withdrawal management seeks to minimize the physical harm caused by the intoxication and withdrawal from a substance of abuse. Detoxification denotes a clearing of toxins from the body of the patient who is acutely intoxicated, dependent on a substance of abuse, or both.
(B) There is hereby created the behavioral health drug reimbursement program. The program shall be administered by the department of mental health and addiction services.
The purpose of the program is to provide state reimbursement to counties for the cost of the following drugs that are administered or dispensed to inmates of county jails in this state and individuals confined in community-based correctional facilities in this state: psychotropic drugs, drugs used in medication-assisted treatment, and drugs used in withdrawal management or detoxification.
Each county shall ensure that inmates of county jails and individuals confined in community-based correctional facilities have access to all behavioral health drugs specified in this division that are prescribed drugs covered by the fee-for-service component of the medicaid program.
(C) The department, based on factors it considers appropriate, shall allocate an amount to each county for reimbursement of drug costs incurred by the county pursuant to this section.
(D) The director of mental health and addiction services may adopt rules as necessary to implement this section. The rules, if adopted, shall be adopted in accordance with Chapter 119. of the Revised Code.
Last updated August 16, 2023 at 2:02 PM
Available Versions of this Section
- September 29, 2017 – Enacted by House Bill 49 - 132nd General Assembly [ View September 29, 2017 Version ]
- October 17, 2019 – Amended by House Bill 166 - 133rd General Assembly [ View October 17, 2019 Version ]
- October 3, 2023 – Amended by House Bill 33 - 135th General Assembly [ View October 3, 2023 Version ]