Alcohol and Drug Publications (Click to View All)
Educational Materials for Individuals, Service Providers & Others
42 C.F.R. Part 2: Federal Alcohol/Drug Confidentiality Regulations - These are the actual regulations.
Applying the Substance Abuse Confidentiality Regulations to Health Information Exchange (HIE) (2010) - Frequently Asked Questions.
Applying the Substance Abuse Confidentiality Regulations 42 CFR Part 2 (REVISED) (2011) - Frequently Asked Questions.
Are you... (Updated 2012) - This booklet is for New Yorkers with HIV or AIDS, a drug or alcohol problem and/or a criminal record who want to know their rights to be free of discrimination. It explains: laws that forbid discrimination; limits on what employers, landlords, and others may ask; how to get a job or housing despite the stigma associated with HIV, addiction, and having a criminal record; and what to do when confronted with illegal discrimination. (Funded by the New York State Department of Health, AIDS Institute)
Educating Courts, Other Government Agencies and Employers About Methadone (2009) - This publication explains how individuals in methadone maintenance programs and other forms of Medication Assisted Treatment, as well as their treatment programs and advocates, can advocate for their rights so that they can get in or stay in the treatment they need – without discrimination. The focus is on discrimination by the child welfare system and criminal justice system – including driving under the influence, jails and prisons, and probation and parole.
Employment Discrimination and What to Do About it (Updated 2002) - Available for California, Illinois, Pennsylvania and Virginia, this manual informs service providers about the state and federal laws that protect clients with criminal records, histories of alcohol and drug problems, and HIV/AIDS from being discriminated against by employers. It also provides practical guidance in how clients should handle discussions of these issues in job interviews and on employment applications. (Funded by the Charles Stewart Mott Foundation, New York State Division of Probation and Correctional Alternatives, and New York State Assembly.)
“Health Policy Reform: A Roadmap for Smarter and More Effective National and State Alcohol and Drug Policies" (2008) - Includes our policy reform recommendations to expand and improve the health responses to addiction and to eliminate discrimination against people in recovery.
Helpful Resources to Address Discrimination Against People in Medication-Assisted Treatment (2009) - List of useful resources for educating employers, courts and others about Medication Assisted Treatment, including why methadone and buprenorphine do not impair physical or mental functioning when provided to individuals stabilized on the appropriate dose.
How to Get Section 8 or Public Housing Even with a Criminal Record - This manual tells people in New York City how they can get into Section 8 and public housing even if they or someone in their household has a criminal record or is in recovery from a drug problem. The manual is designed for applicants and their advocates. It contains the New York City Housing Authority admissions policies for people with criminal records and recent illegal drug use, and step-by-step suggestions for how people can gather the evidence of rehabilitation necessary to gain housing. It also includes sample letters of reference the type people really need to convince housing authorities of their rehabilitation. Though the manual focuses on New York City Housing Authority policies, its chapter on How Can You Win Your Hearing? can help people applying to other local housing authorities marshal their best evidence of rehabilitation.
Know Your Rights: Are You in Recovery from Alcohol or Drug Problems? (updated 2006) - This brochure describes federal laws prohibiting employment, housing, and other discrimination against people with alcohol and drug problems. It also explains what to do if your rights have been violated. Also available in Spanish. (Funded by Partners for Recovery, an initiative of the Center for Substance Abuse Treatment of the U.S. Department of Health and Human Services) To learn more about state anti-discrimination laws, read materials distributed at the Legal Action Center’s “Know Your Rights trainings” held in Alaska, California, Georgia, Illinois, Indiana, Maryland, Massachusetts, Minnesota, New York, Oregon, Pennsylvania and Texas.
Conozca Sus Derechos: ¿Está recuperándose de problemas con el alcohol o las drogas? (2006) - Este folleto da a las personas en tratamiento o recuperándose, tan bien como sus aliados, la información necesaria para luchar contra la discriminación. Le da un descripción de las leyes federales que prohíben la discriminación en el empleo, vivienda y otra discriminación contra las personas con problemas de alcohol y drogas.
Know Your Rights: Are You in Recovery from Alcohol or Drug Problems? Rights for Individuals on Medication-Assisted Treatment (2009) - This brochure is a companion piece to Know Your Rights: Are You in Recovery from Alcohol or Drug Problems? and describes the specific legal issues faced by people in Medication-Assisted Treatment for opiate addiction. (Funded by Partners for Recovery, an initiative of the Center for Substance Abuse Treatment of the U.S. Department of Health and Human Services).
Know Your Rights – Training Materials - The Legal Action Center has conducted numerous Know Your Rights trainings across the country for people in the recovery and their allies. Funded by the Partners for Recovery Initiative of the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA), these trainings cover anti-discrimination laws that protect individuals with alcohol and drug problems from discrimination in employment, housing, and elsewhere. They also cover anti-discrimination protections for individuals who also have a criminal record. Click here for the materials distributed at these trainings.
Legal Action Center's Leading Cases - This document describes the rulings and provides legal citations of many of the landmark court decisions won by the Legal Action Center.
Legality of Denying Access to Medication Assisted Treatment in the Criminal Justice System (2011) - A report that explains why criminal justice agencies violate Federal anti- discrimination laws and the United States Constitution when they deny access to medications, such as methadone and burprenorphine, to treat opiate addiction. The report was written at the request of the American Association for the Treatment of Opioid Dependence (AATOD), who, along with the Center, has a longstanding interest in expanding the use of these medications in criminal justice settings.
Methadone Maintenance Treatment: Memorandum of Driving & Psychomotor Studies and Background Information about Methadone Treatment (April 2000) This packet of information contains (1) a memorandum summarizing recent literature and studies about the effect of methadone treatment on patients’ driving ability as well as psychomotor and intellectual functioning, (2) the actual articles and studies referenced in the memorandum, and (3) background information about methadone treatment. It is a very useful resource for people trying to combat discrimination based on participation in methadone treatment.
Here are several sample forms and materials for use by drug and alcohol programs. These materials comply with both 42 C.F.R. Part 2, the federal drug and alcohol confidentiality regulations, and HIPAA, the Health Insurance Portability and Accountability Act. More than 30 others are included in our book, Confidentiality and Communication: A Guide to the Federal Drug & Alcohol Confidentiality Law and HIPAA.
- Sample Consent - Basic
- Sample Consent - Child Welfare
- Sample Consent - Criminal Justice 42 C.F.R. Part 2 only
- Sample Consent - Criminal Justice HIPAA/42 C.F.R. Part 2
- Sample Notice Prohibiting Redisclosure
- Sample Patient Notice
- Sample Qualified Service Organization/Business Associate Agreement
- Sample Letter in Response to a Subpoena (for use in civil cases)
- Sample Letter in Response to a Subpoena (for use in criminal cases)
- Sample Court Order - This sample court order, adapted from one drafted by the New York State Office of Court Administration, allows a program covered by both 42 C.F.R. Part 2 and HIPAA to use the irrevocable criminal justice consent form permitted under 42 C.F.R. § 2.35 for a particular patient.
- Sample Standing Court Order - This sample standing court order, adapted from one drafted by the New York State Office of Court Administration, allows a program covered by both 42 C.F.R. and HIPAA to use the irrevocable criminal justice consent form permitted under 42 C.F.R. § 2.35 for all patients of that particular program.
Important reminder: state laws and court rules may affect the content of court or administrative orders, as well as the proper procedure for seeking and issuing such an order. Always consult with local counsel on matters of state law.
For additional information on the use of court orders and irrevocable criminal justice consent forms, see pages 36-40 of Confidentiality and Communication: A Guide to Federal Drug and Alcohol Confidentiality Law and HIPAA (Legal Action Center 2006), available on this website.
Siting Drug and Alcohol Treatment Programs: Legal Challenges to the NIMBY Syndrome (DHHS 1995) - This comprehensive 1995 technical assistance manual examines the legal remedies available to alcohol and drug treatment providers who wish to avert or challenge discriminatory zoning and siting decisions resulting from community opposition, the "Not In My Back Yard" syndrome.
Welfare As We Know It Now: What New York's New Welfare Laws Mean for People with Criminal Records, Substance Abuse Histories and HIV/AIDS (2000) - This manual describes New York State and federal welfare laws, including eligibility categories, time limits, and work requirements, with particular attention to the provisions affecting individuals with criminal records, alcohol and drug histories, and HIV/AIDS. (Available as a manual for service providers and as a pamphlet for clients in both English and Spanish) (Funded by the New York State Division of Probation and Correctional Alternatives and New York State Assembly)
Technical Assistance Publications (TIPS) and Treatment Improvement Protocols (TAPS) for the Center for Substance Abuse Treatment (CSAT) - These can be found in the publications section at http://www.treatment.org/
“Fail First” Policies and Other Barriers to Access to Effective Medications LAC's newest resource aims to assist advocates, recovery service providers and others in trying to convince states to remove barriers that discourage or prevent Medicaid from for effective treatment methods for individuals suffering from alcohol or drug dependence, in particular treatments that make use of medications to help individuals overcome their dependence on these substances. The kit describes the massive annual cost of alcohol and drug dependence in money and lives, through lost productivity, increased medical, criminal justice and other costs, and injury and death. It also offers a number of studies that demonstrate the effectiveness of these treatment methods. Finally, it argues that these treatments are not only cost-effective, but that the obstacles that discourage their use run counter to a number of new federal and state initiatives which aim to increase access to treatment.
Finding the Right Fit: Managed Special Care in New York City (The Final Report of the Managed Special Care Model Development Project) (1996) (73 pp.) - This study describes how eight states addressed addiction and mental health care within Medicaid managed care programs and sets forth policy recommendations on how New York City and State could best ensure access to these services for Medicaid managed care enrollees.
Increasing Access to Alcohol and Drug Treatment and Prevention Services for Pregnant and Postpartum Women with Children (1998, 8 pp.) - This paper discusses four key policy options for improving access to alcohol and drug treatment for women with children.
Key Provisions of TANF Final Rule Affecting Welfare Recipients with Alcohol and Drug Problems (May 1999) (8 pp.) - This paper analyzes the final regulations implementing the TANF program and focuses on how states and treatment providers can work within them to improve outcomes for TANF recipients with alcohol and drug problems.
Letter to Office of Family Assistance with Comments on TANF Reauthorization (2001) (10 pp.) - This letter, signed onto by 21 addiction treatment and criminal justice organizations, presents recommendations to the federal government for changes in benefits and services that would improve the success of families with parents whose alcoholism, drug dependence, or criminal record act as a barrier to self-sufficiency.
Making Welfare Reform Work: Tools for Confronting Alcohol and Drug Problems Among Welfare Recipients (1997) (87 pp.) - This report examines the 1996 federal welfare law and offers policy recommendations for how states can implement the law to facilitate treatment and recovery for welfare recipients affected by addiction. (Funded by the Annie E. Casey Foundation)
Making Welfare Reform Work Better By Improving the TANF Program for Recipients With Alcohol & Drug Problems (2001) (17 pp.) - This paper contains recommendations for changes in federal law to improve the success of TANF recipients with alcohol and drug problems. Written in anticipation of the 2002 TANF reauthorization process. (Funded by the Annie E. Casey Foundation)
Resources for Recovery: State Policy Options for Increasing Access to Alcohol and Drug Treatment Through Medicaid & TANF (2002) - This report examines addiction and addiction treatment, including data demonstrating treatment effectiveness and cost-effectiveness for Medicaid populations; provides background about key social welfare programs (including Medicaid, TANF, and the State Children's Health Insurance Program); presents case studies of four states and one county that have adopted promising practices to increase Medicaid or TANF funding for alcohol and drug treatment; and offers state policy options for improving reimbursement for alcohol and drug treatment services through these programs. (Funded by SAMHSA and the Robert Wood Johnson Foundation.)
Safe & Sound: Models for Collaboration Between the Child Welfare & Addiction Treatment Systems (2003) - This publication discusses the Adoption and Safe Families Act (ASFA) and its implications for families at risk for involvement or involved in the child welfare system because of parental addiction, presents case studies of how two localities (Cook County, Illinois, and Cuyahoga County, Ohio) are addressing addiction in their child welfare systems, and presents a model for addressing addiction among families involved in the child welfare system based on case study findings.
The State of State Policy on TANF & Addiction: Findings from the Survey of State Policies and Practices to Address Alcohol and Drug Problems Among TANF Recipients (2002) (28 pp.) - This report documents policies and practices states have adopted to address addiction-related barriers to work in their welfare caseloads, including screening and assessment programs, allocation of TANF funding for treatment, and payment of benefits to individuals with drug felony convictions. (Funded by the Annie E. Casey Foundation)
Steps to Success: Helping Women with Alcohol and Drug Problems Move from Welfare to Work (1999) (97 pp.) - This report profiles 20 alcohol and drug treatment programs serving women with children, focusing on best practices for promoting recovery, training, work, and success. (Funded by the Annie E. Casey Foundation)
Syringe Disposal Survey Report of Findings and Recommendations (2002) - This report describes the results of a survey of syringe disposal facilities in selected hospitals and nursing homes around New York City. The report is part of LAC's research and advocacy efforts on New York State's syringe deregulation initiatives.
Welfare Reform Community Case Studies (1999) (111 pp.) - This report discusses findings from focus groups with providers and consumers of publicly funded treatment programs about how welfare reform has affected them. Focus groups were conducted in: Tucson (Arizona), New York City, Rockford and Chicago (Illinois), Los Angeles, Portland (Oregon), and Atlanta. (Funded by the Annie E. Casey Foundation)
Fact Sheet for Policy Makers: Welfare Reform - How States Can Use TANF Funding to Pay for Alcohol and Drug Treatment (1998) (6 pp.) - This fact sheet describes allowable, appropriate, and legal options for states to fund alcohol and drug treatment through their TANF programs.