Health Care Law Pertaining to Special Types of Treatment

The healthcare industry encompasses a diverse range of facilities and programs beyond provision of traditional medical and therapeutic services. These include assisted living facilities, addiction treatment programs and behavioral treatment programs where vulnerable individuals seek care and support. Programs and facilities are regulated at both the state and federal levels. Each has specific licensing, accreditation and reporting requirements that ensure adherence to quality standards.

Nursing homes and other assisted living facilities are licensed and regulated at the state level. Licensing generally covers aspects such as staff-to-resident ratios, staff training, medication procedures, tailored care plans, health and safety features and amenities. Among the specific areas of regulation are these:

• Residents’ rights and autonomy — Laws are in place to ensure informed consent, protect dignity and upholding residents’ decision-making capacity. 
• Quality and standards of care — Regulations govern staffing levels, care plans and medication management. Facilities must comply to avoid liability for neglect or inadequate care.
• Financial transparency and billing — Residents and their families have the right to understand fees, services covered and potential out-of-pocket expenses. Clear communication and adherence to fair billing practices are essential.

Addiction treatment and behavioral treatment programs are governed by a number of federal laws, as follows:

• Mental Health Parity and Addiction Equity Act — This law requires health plans to treat mental health and substance use disorders on a par with physical health conditions. It prevents discriminatory practices in coverage and reimbursement.
• Confidentiality under HIPAA — The Health Insurance Portability and Accountability Act (HIPAA) and its regulations dictate how addiction treatment providers handle and disclose patient information. They also require data security measures to prevent breaches and misuse.

• Medication-assisted treatment (MAT) — Laws govern access to methadone and other medications used in MAT, requiring specific certifications and protocols for providers. Legal compliance ensures safe and effective treatment delivery.
• Affordable Care Act (ACA) — Provisions of this law standardize addiction medicine delivery, expand access to care and facilitate coordinated treatment. The ACA ensures that behavioral health services are covered by insurance plans.
• Comprehensive Addiction and Recovery Act (CARA) — This law focuses on addiction prevention, treatment and recovery. It emphasizes evidence-based practices and workforce development.
• Americans with Disabilities Act (ADA) — The ADA prohibits discrimination against individuals with disabilities, including those with mental health conditions. It thus ensures equal access to treatment facilities and services.
• Consolidated Appropriations Act (CAA) — This act allocates funding for mental health and substance abuse treatment programs. It supports research, prevention and treatment efforts.

In addition, there are state laws addressing various aspects of addiction and behavioral health treatment facilities, including licensing, standards and involuntary treatment. These laws guide implementation of state mental health plans. A knowledgeable health care lawyer can assist you in the compliance efforts required for your specific situation.

The Law Offices of Donald W. Hudspeth, P.C. in Phoenix takes an authoritative, practical approach to advising businesses that provide medical care in Arizona. To schedule a consultation, call our office at 866-696-2033 or contact us online.