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LAC Publications

Alcohol & Drug Publications

42 C.F.R. Part 2: Federal Alcohol/Drug Confidentiality Regulations – These are the actual regulations.

Are you... (Updated 2001) - This booklet is for individuals in treatment or otherwise in recovery or who have criminal records. It explains steps they can take to prevent job discrimination. The booklet explains the laws which protect people in recovery and individuals with criminal records from job discrimination, what these individuals can do if they are denied a job because of their past, and federal programs that can help encourage employers to hire people in recovery and with criminal records. (Funded by the New York State Division of Probation and Correctional Alternatives and New York State Office of Alcoholism and Substance Abuse Services)

Drug Testing in Connection with Welfare Reform - This fact sheet presents LAC's position on drug testing, information about the necessary components of drug testing for welfare recipients, and cost estimates of testing.

Employment Discrimination and What to Do About it (Updated 2002) - 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. (Available for California, Illinois, New York, Pennsylvania and Virginia) (Funded by the Charles Stewart Mott Foundation, New York State Division of Probation and Correctional Alternatives, and New York State Assembly)

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.

The 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.

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.

Sample Forms

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 2003) and the January/February 2004 issue of Of Substance , both 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.

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.

Executive Summary - Syringe Disposal Survey Report of Findings and Recommendations (2002)

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)

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.

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 www.treatment.org

Alcohol & Drug Treatment and Prevention Resources

National Alcohol and Drug Addiction Recovery Month

http://www.recoverymonth.gov/2006/

• The Alcoholism and Substance Abuse Providers of New York State (ASAP): www.asapnys.org
• American Association for the Treatment of Opioid Dependency (AATOD): www.aatod.org
  The American Association for the Treatment of Opioid Dependency (AATOD) works with federal agencies and state substance abuse authorities on issues concerning methadone policy. AATOD also develops training symposia on methadone maintenance geared toward physicians, clinicians, and management staff.
• American Society of Addiction Medicine (ASAM): www.asam.org
  ASAM’s mission is to educate physicians and to improve the treatment of individuals suffering from alcoholism and other addictions.
• The Association For Addiction Professionals (NAADAC): www.naadac.org
  NAADAC's mission is to lead, unify and empower addiction focused professionals to achieve excellence through education, advocacy, knowledge, standards of practice, ethics, professional development and research. The organization also serves as an advocate on behalf of addiction professionals and the people they serve.
• Center for Substance Abuse Prevention (CSAP): www.samhsa.gov
  The Center for Substance Abuse Prevention provides national leadership in the development of policies, programs, and services to prevent the onset of illegal drug use, prevent underage alcohol and tobacco use, and reduce the negative consequences of using drugs and alcohol. Through service capacity expansion and knowledge development, application, and dissemination, CSAP works to strengthen the Nation's ability to reduce drug and alcohol abuse and its associated problems. CSAP is one of three Centers in the Substance Abuse and Mental Health Services Administration (SAMHSA) in the U.S. Department of Health and Human Services (HHS).
• Center for Substance Abuse Treatment (CSAT): www.samhsa.gov
  The Center for Substance Abuse Treatment works to improve the lives of individuals and families affected by alcohol and drug abuse by ensuring access to clinically sound, cost-effective addiction treatment that reduces the health and social costs of addiction to communities. CSAT supports the nation's effort to provide multiple treatment modalities, evaluate treatment effectiveness, and use evaluation results to enhance treatment and recovery approaches. CSAT is one of three Centers in the Substance Abuse and Mental Health Services Administration (SAMHSA) in the U.S. Department of Health and Human Services (HHS).
• Community Anti-Drug Coalitions of America (CADCA): www.cadca.org
  CADCA is a national organization composed of over 5,000 community coalitions of businesses, parents, media, law enforcement, schools, religious organizations, health providers, social service agencies, and the government. Its mission is to create and strengthen the capacity of new and existing coalitions to build safe, healthy and drug-free communities.
• Children’s Defense Fund (CDF): www.childrensdefense.org
  Children’s Defense Fund (CDF) educates the nation about the needs of children and encourages preventive investment before they get sick or into trouble, drop out of school, or suffer family breakdown. CDF pays particular attention to poor and minority children, and those with disabilities. CDF also focuses on drug and alcohol abuse among parents and families in the child welfare system.
• Drug Strategies: www.drugstrategies.org
  Drug Strategies supports private and public efforts to reduce the demand for drugs through prevention, education, treatment, law enforcement and community initiatives.
• Faces and Voices of Recovery (FAVOR): www.facesandvoicesofrecovery.org
  Faces and Voices of Recovery (FAVOR) serves as a point of coordination and a resource to organizations in the alcohol and drug addiction research, treatment, and prevention fields, and especially the recovery communities.
• The Johnson Institute: www.johnsoninstitute.com
  The Johnson Institute focuses on removing obstacles that keep people and families from recovering from the problems caused by addiction to alcohol and other drugs by fostering a better understanding about alcoholism, promoting avenues into recovery through professional and effective treatment programs, and promoting the power and possibility of recovery.
• Join Together: www.jointogether.org
  Join Together supports community-based efforts to reduce, prevent, and treat substance abuse across the nation. It’s many services include Join Together Online, a website that displays news and articles related to drug and alcohol abuse.
• National Association for Children of Alcoholics: www.nacoa.net
  The National Association for Children of Alcoholics is a national, nonprofit membership organization working on behalf of children of alcohol and drug dependent parents. The organization advocates for all children and families affected by alcoholism and other drug dependencies.
• National Association of Drug Court Professionals (NADCP): www.nadcp.org
  The National Association of Drug Court Professionals seeks to reduce substance abuse, crime and recidivism by promoting and advocating for the establishment and funding of drug courts and providing for collection and dissemination of information, technical assistance, and mutual support to association members.
• National Association of State Alcohol and Drug Abuse Directors (NASADAD): www.nasadad.org
  NASADAD’s membership includes State Drug and Alcohol Agency Directors, and its mission is to foster and support the development of effective alcohol and other drug abuse prevention and treatment programs throughout every State.
• National Center on Addiction and Substance Abuse: www.casacolumbia.org
  The National Center on Addiction and Substance Abuse (CASA) works to inform Americans of the economic and social costs of substance abuse and its impact on their lives. The Center assesses what works in prevention, treatment, and law enforcement, and provides this information to lawmakers and the public.
• National Council on Alcoholism and Drug Dependence, Inc. (NCADD): www.ncadd.org
  NCADD fights to reduce stigma and to educate Americans that alcoholism and other drug addictions are preventable and treatable.
• National Institute on Alcohol Abuse and Alcoholism (NIAAA): www.niaaa.nih.gov
  The National Institute on Alcohol Abuse and Alcoholism (NIAAA) supports and conducts biomedical and behavioral research on the causes, consequences, treatment, and prevention of alcoholism and alcohol-related problems. NIAAA also works to reduce the severe and often fatal consequences of these problems by conducting policy studies that have implications for alcohol problem prevention, treatment, and rehabilitation activities. NIAAA is one of the 18 institutes that comprise the National Institutes of Health (NIH), the main biomedical research agency of the Federal Government. NIH is a component of the Public Health Service within the U.S. Department of Health and Human Services.
• National Institute on Drug Abuse (NIDA): www.nida.nih.gov
  The National Institute on Drug Abuse (NIDA) supports over 85 percent of the world's research on the health aspects of drug abuse and addiction. NIDA supported science addresses questions about drug abuse, ranging from the molecule to managed care, and from DNA to community outreach research. NIDA also works to ensure the rapid and effective transfer of scientific data to policy makers, drug abuse practitioners, other health care practitioners and the general public. NIDA is one of the 18 institutes that comprise the National Institutes of Health (NIH), the main biomedical research agency of the Federal Government. NIH is a component of the Public Health Service within the U.S. Department of Health and Human Services.
• New York State Office of Alcoholism and Substance Abuse Services (OASAS): www.oasas.state.ny.us
• Partnership for Recovery: www.partnershipforrecovery.org
  The Partnership for Recovery is a coalition of non-profit alcohol and drug treatment providers dedicated to improving access to professional treatment for all Americans suffering from the disease of addiction.
• Substance Abuse and Mental Health Services Administration: www.samhsa.gov
  SAMHSA is the Federal agency charged with improving the quality and availability of prevention, treatment, and rehabilitative services in order to reduce illness, death, disability, and cost to society resulting from substance abuse and mental illnesses. SAMHSA serves as the umbrella under which substance abuse and mental health service Centers are housed, including: the Center for Mental Health Services (CMHS), the Center for Substance Abuse Prevention (CSAP), and the Center for Substance Abuse Treatment (CSAT). SAMHSA also houses the Office of the Administrator, the Office of Applied Studies, and the Office of Program Services.
• Therapeutic Communities of America (TCA): www.tcanet.org
  Therapeutic Communities of America is an association of drug and alcohol abuse treatment organizations working together to promote the understanding of the self therapeutic community (TC) methodology for the treatment of drug and alcohol abuse.
• White House Office of National Drug Control Policy: www.whitehousedrugpolicy.gov
  The White House Office of National Drug Control Policy (ONDCP) establishes policies, priorities, and objectives for the Nation’s drug control program, the goals of which are to reduce illegal drug use, manufacturing, and trafficking; drug-related crime and violence; and drug-related health consequences. The Director of ONDCP also evaluates, coordinates, and oversees both the international and domestic anti-drug efforts of executive branch agencies and ensures that such efforts complement state and local anti-drug activities. The Director advises the President regarding changes in the organization, management, budgeting, and personnel of federal Agencies that could affect the Nation’s anti-drug efforts.

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Re-Entry

Prisoner re-entry is a complex issue, involving not only those systems traditionally associated with public safety - such as corrections, law enforcement, and the courts - but also many other service systems and aspects of our communities. In order to help policymakers and practitioners navigate this complicated landscape, we have identified various "paths" to help you access the most relevant information available through this site. To begin, simply choose a path from one of these three categories:

GOALS ENSURE SUPPORT FOR VICTIMS OFFER SAFE PLACES TO LIVE BREAKING THE BONDS OF ADDICTION TREAT PHYSICAL & MENTAL ILLNESS FOSTER MEANINGFUL RELATIONSHIPS PROVIDE TRAINING, EDUCATION & JOBS LEAD AND GOVERN EFFECTIVELY

CRIMINAL JUSTICE SYSTEMS LAW ENFORCEMENT JAILS COURTS PRISONS COMMUNITY SUPERVISION

SPECIAL POPULATIONS JUVENILES SEX OFFENDERS WOMEN PEOPLE WITH MENTAL ILLNESS

After Prison Initiative

The following organizations and government agencies are working on issues related to prisoner reentry and on initiatives to remove unreasonable roadblocks to reentry:

Abt Associates’ Transition from Prison to Community (TPCI) Initiative, http://www.abtassociates.com/Page.cfm?PageID=12580

American Bar Association, Criminal Justice Section, http://www.abanet.org/crimjust/home.html

American Probation and Parole Association, http://www.appa-net.org

Association of State Correctional Administrators, http://www.asca.net

United States Department of Justice, Bureau of Justice Statistics, http://www.ojp.usdoj.gov/bjs

Center for Employment Opportunities, http://www.ceoworks.org

Center for Law and Social Policy, http://www.clasp.org

Community Legal Services, Inc., http://www.clsphila.org

Council of State Governments’ Reentry Policy Council, http://www.csgeast.org/crimreentry.asp

Human Rights Watch, http://www.hrw.org

JEHT Foundation, http://www.jehtfoundation.org

Justice Policy Institute, http://www.justicepolicy.org

Legal Action Center, http://www.lac.org

Law Center for Families (Social Justice Law Project), http://www.lcff.org

National Conference of State Legislatures, Criminal Justice, http://www.ncsl.org/programs/cj/crime.htm

National Governors Association Prisoner Reentry Policy Academy, http://www.nga.org

National H.I.R.E. Network, http://www.hirenetwork.org

National Institute of Corrections, http://www.nicic.org/resources/topics/TransitionFromPrison.aspx

New Jersey Institute for Social Justice, http://www.njisj.org

Open Society Institute U.S. Justice Fund: The After Prison Initiative, http://www.soros.org/initiatives/justice/focus_areas/after_prison

Open Society Institute: Baltimore, http://www.soros.org/baltimore

Right to Vote: Campaign to End Felony Disfranchisement, http://www.righttovote.org

Safer Foundation, http://www.safer-fnd.org

The Sentencing Project, http://www.sentencingproject.org/

The Urban Institute’s Justice Policy Center, http://www.urban.org/content/PolicyCenters/Justice/JPCHome/Overview.htm

Vera Institute of Justice, www.vera.org