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