Legal

Legal Repository

Need to know a basic summary of some of the federal and state legal statutes surrounding behavioral health? Whether it's the Americans with Disabilities Act, HIPAA, regulations for sober living, or more, NBHAP has you covered. Our Legal Repository (only for NBHAP members) gets you the basics on these statutes.

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Colorado Regulations Related to Substance Use Disorder Treatment

Subject Matter: Substance use disorder treatment programs Jurisdiction: Colorado Citations: Code of Colo. Regulations, Vol. 21 including Section 21.100-190 (Licensing Requirements), Section 21.250 (Withdrawal Management), and Section 21.300 et seq. (Addiction Programs...

Confidentiality of Substance Abuse Disorder Patient Records

Subject Matter: Confidentiality requirements Jurisdiction: Federal Citations: 42 CFR § 2 et seq Summary: Federal regulations, often referred to as “Part 2,” which govern the confidentiality of substance use disorder treatment and patient related records, which...

Connecticut Laws Related to Alcohol and Drug Counselors

Subject Matter: Substance use disorder counselors Jurisdiction: Connecticut Citations: Conn. Stat. § 20–74s et seq. Summary: Connecticut laws governing the licensure of alcohol and drug counselors of substance use disorders and co-occurring disorders.

Delaware Laws Related to Chemical Dependency Professionals

Subject Matter: Substance use disorder counselors Jurisdiction: Delaware Citations: Del. Code Ann. Tit. 24, § 3040 et seq. Summary: Delaware laws governing the licensure and required qualifications of chemical dependency professionals by the Board of Mental Health and...

Delaware Laws Related to Substance Abuse Facility Licensing

Subject Matter: Substance use disorder treatment programs Jurisdiction: Delaware Citations: Tit. 16 Del. Admin. Code § 6001 et seq. Summary: Delaware regulations from the Department of Health and Social Services' Division of Substance Abuse and Mental Health related...

Establishment of SAMHSA

Subject Matter: Substance Abuse and Mental Health Services Administration Jurisdiction: Federal Citations: 42 U.S. Code § 290aa et seq. Summary: Federal law that establishes the Substance Abuse and Mental Health Services Administration ("SAMHSA") as a Public Health...

Fair Housing Act (FHA)

Subject Matter: Legal protections for persons with substance use disorders Jurisdiction: Federal Citations: 42 U.S. Code Sections 3601-3619 Summary: Federal law that prohibits discrimination in housing based on legally protected characteristics like disability, race,...

Federal Anti-Kick Back Statute

Subject Matter: False claims; criminal penalties for illegal acts Jurisdiction: Federal Citations: 42 U.S. Code § 1320a-7b et seq. Summary: Federal law, also known as the AKS, which makes it a criminal offense knowingly and willfully to offer, pay, solicit, or receive...

Federal False Claims Act

Subject Matter: False claims Jurisdiction: Federal Citations: 31 U.S. Code § 3729 et seq. Summary: Federal law, also known by its acronym FCA, which prevents individuals and companies from defrauding federal government programs (including Medicare and Medicaid), and...

Florida Administrative Code Related to Substance Abuse Services

Subject Matter: Licensure for substance use disorder treatment facilities Jurisdiction: Florida Citations: Fl. Admin. Code Chapter 65D-30 et seq. Summary: Florida code sections governing the licensure for substance abuse treatment programs, including specific...

Florida False Claims Act

Subject Matter: False claims Jurisdiction: Florida Citations: Tit. 6 Fl. Stat. § 68.081 et seq. Summary: State law, similar to the federal False Claims Act, which prevents individuals and companies from defrauding the state (including its healthcare programs and its...

Florida Marketing Practices of Substance Abuse Providers Act

Subject Matter: Substance use disorder treatment programs (legal reforms) Jurisdiction: Florida Citations: Florida law, often referred to as the Practices of Substance Abuse Providers Law, which prohibits deceptive marketing practices, patient brokering, and...

Florida Prohibition on Deceptive Marketing Practices

Subject Matter: Substance use disorder marketing Jurisdiction: Florida Citations: Tit. 29 Fl. Stat. § 397.55 Summary: Law that prohibits deceptive marketing practices for substance abuse services, including making false statements about the provider's products, goods,...

Florida Statutes Related to Substance Abuse Services

Subject Matter: Substance use disorder treatment programs Jurisdiction: Florida Citations: Tit. 29 Fl. Stat. Chapter 397 et seq. Summary: Florida statutes governing substance abuse treatment programs, including licensing requirements based on program type,...

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