California law mandates that drug and alcohol treatment facilities comply with various regulations to ensure quality care and safety for patients. These regulations include licensing requirements, staffing qualifications, treatment protocols, facility standards, confidentiality of patient information, and ethical practices. Drug and alcohol treatment facility compliance allows patients to receive effective treatment for substance abuse.
Working with an experienced healthcare lawyer at Fenton Jurkowitz Law Group will ensure that your online alcohol treatment, inpatient alcohol treatment, or addiction treatment facility stays up to date on the latest laws and regulations to ensure compliance and mitigate legal risks.
According to California Health & Safety Code § 11834.015, alcohol and drug abuse recovery or treatment facilities are required to abide by the American Society of Addiction Medicine treatment criteria or a similar evidence-based standard as the minimum level of care for licensed facilities. Adopting this standard of care means conducting an all-encompassing assessment of the patient’s life to determine the aid they need. The assessment criteria include the following areas:
The Licensing and Certification Division (LCD) of the Department of Health Care Services (DHCS) handles complaints against and violations of drug recovery and treatment programs. Title XI of the California Code of Regulations requires licensed drug/alcohol treatment facilities to report counselor misdemeanors or violations to DHCS within 24 hours.
Drug treatment facilities and alcohol recovery centers in California must adhere to specific service requirements to provide the highest level of care to patients struggling with substance abuse disorders. The facility must be licensed to provide the following mandated services to address patients’ physical, psychological, and social needs:
As professional healthcare providers, drug and alcohol treatment facilities have a duty to protect the confidentiality of patient information. The Code of Federal Regulations (CFR) Title 42 Part 2 prohibits the disclosure or public sharing of substance use disorder treatment records without patient consent. Non-compliance with Title 42 can lead to serious legal repercussions.
Prioritizing the well-being of patients is crucial. A healthcare attorney can work with your facility to ensure compliance with substance abuse confidentiality regulations, ultimately protecting your patients from potential confidentiality breaches and short- and long-term harm.
CFR Title 42 and HIPAA both provide regulations for addiction and recovery facilities, although they operate separately. One distinction worth noting is the patient consent requirement. Under Title 42, a facility is prohibited from disclosing treatment records without patient consent. HIPAA, on the other hand, allows for disclosure under certain circumstances, such as court-ordered requests or subpoenas.
Consulting with an experienced healthcare lawyer will ensure compliance with both HIPAA and Title 42 for the best treatment of care for your patients.
Below are some best practices for mitigating risk in drug and alcohol treatment facilities in California:
Fenton Jurkowitz Law Group has over 30 years of experience representing addiction and recovery providers in transactional, litigation, regulatory defense, and compliance legal cases. Our team of healthcare law lawyers can provide guidance on compliance issue practices regarding CFR Title 42 regulations, the scope of services requirements, risk management, and other regulations required of addiction facilities.
Running a California substance abuse treatment facility can be complex but legal issues don’t have to be. Contact us today to speak with an experienced healthcare attorney on any individual concerns pertaining to your addiction recovery practice.