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.
California Regulations Related to Alcohol and Drug Programs
Subject Matter: Substance use disorder treatment programs Jurisdiction: California Citations: 9 CCR § 9000 et seq. including 9 CCR Sections 10500 et seq. (Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities) Summary: California...
California Codes Related to Alcohol and Drug Programs
Subject Matter: Substance use disorder treatment programs Jurisdiction: California Citations: Cal. Health & Safety Code § 11834.01 et seq. including Cal. Health & Safety Code § 11834.026 (Incidental Medical Services) Summary: California statutes that authorize...
Arkansas Laws Related to Alcoholism and Drug Abuse Counselors
Subject Matter: Substance use disorder counselors Jurisdiction: Arkansas Citations: Ark. Code Ann. § 17-27-401 et seq. Summary: Arkansas laws governing the licensure and registration of alcoholism and drug abuse counselors by the State Board of Examiners of Alcoholism...
Arizona Statute Related to Structured Sober Living Homes
Subject Matter: Sober living Jurisdiction: Arizona Citations: Ariz. Rev. Stat. § 11-269.18 Summary: Arizona law that allows counties to adopt ordinance standards for structured sober living homes, so long as the local laws comply with fair housing laws and the...
Arizona Statutes Related to Licensure of Sober Living Homes
Subject Matter: Sober living Jurisdiction: Arizona Citations: Ariz. Rev. Stat. § 36-2061 et seq. Summary: Recently passed Arizona law that requires licensure and/or certification of sober living homes operating in the state. The law also limits referrals from...
Arizona Statutes Related to Confidentiality of Health Records
Subject Matter: Confidentiality requirements Jurisdiction: Arizona Citations: Ariz. Rev. Stat. § 36-509 Summary: Arizona laws governing the confidentiality of health care records and the exceptions by which records can be disclosed without patient consent.
Arizona Law Related to Substance Abuse Counselors
Subject Matter: Substance use disorder counselors Jurisdiction: Arizona Citations: Ariz. Rev. Stat. Ann. § 32-3321 Summary: Arizona law governing the licensure requirements for substance abuse counselors by the Board of Behavioral Health Examiners.
Arizona Laws Related to Substance Use Disorder Treatment Facilities
Subject Matter: Substance use disorder treatment programs Jurisdiction: Arizona Citations: Tit. 9 Ariz. Admin. Code Chapter 10, including R9-10-701 et seq. (Behavioral Health Residential Facilities), R9-10-1001 et seq. (Outpatient Treatment Facilities), and R9-10-1401...
Alaska Regulations Related to Opioid Use Disorder Treatment Programs
Subject Matter: Substance use disorder counselors Jurisdiction: Alaska Citations: Ak. Admin. Code tit. 7, § 700 et seq. Summary: Alaska regulations that govern the qualifications of behavioral services providers providing alcohol and drug detoxification services,...
Alaska Uniform Alcoholism and Intoxication Treatment Act
Subject Matter: Substance use disorder treatment programs Jurisdiction: Alaska Citations: 47 Ak. St. Ch. 37 Summary: Alaska laws covering substance use disorder policies in the state, including licensure standards for treatment facilities and the creation of a...
Alabama Codes Related to Substance Abuse Services
Subject Matter: Substance use disorder treatment programs Jurisdiction: Alabama Citations: AL. Admin. Code Chapter 580-9-44 (Program Operations) Summary: Alabama laws governing the certification of substance use disorder treatment facilities by the Department of...
Treatment and Rehabilitative Services for Veterans with Drug or Alcohol Dependency
Subject Matter: Substance use disorder treatment as a veterans' benefit Jurisdiction: Federal Citations: 38 U.S. Code § 1720A Summary: Federal law that requires certain access to treatment and rehabilitative services, including the provision of substance use disorder...
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...
Stark Law
Subject Matter: Physician self-referrals Jurisdiction: Federal Citations: 42 U.S. Code § 1395nm et seq. Summary: Federal law that prohibits physician self-referral of a Medicare or Medicaid patient to a facility that provides designated health services in cases where...
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...
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...
Accreditation and Certification for Opioid Use Disorders
Subject Matter: Opioid treatment programs Jurisdiction: Federal Citations: 42 CFR § 8 et seq. Summary: Federal regulations governing the accreditation and the certification and treatment standards for opioid treatment programs that provide medication assisted...
Health Insurance Portability and Accountability Act (HIPAA)
Subject Matter: Confidentiality requirements Jurisdiction: Federal Citations: 42 CFR § 164 et seq. Summary: Federal law, often referred to as HIPAA, which governs the confidentiality of medical records held by certain types of providers called covered entities. HIPAA...
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...
Mental Health Parity and Addiction Equality Act
Subject Matter: Insurance coverage Jurisdiction: Federal Citations: 29 U.S. Code § 1185a; 45 CFR Part 147.136 et seq. Summary: Federal legislation signed into law in 2008 that required large insurance plans to cover mental health care as they would general medical...
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