42 U.S.C. § 290dd–1 — Admission of substance abusers to private and public hospitals and outpatient facilities

submitted 82 years ago by Pub. L. 91-616 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 373 words · no verdicts yet

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This law stops hospitals and outpatient facilities that get any federal support from turning away substance abusers. The Secretary must issue rules to enforce this ban, with hearings and funding cutoffs for violators. The VA must apply similar rules to veterans' hospital care.

(a) Nondiscrimination Hospitals and outpatient facilities cannot refuse to admit or treat someone with a substance abuse problem just because of that problem. This applies to any private or public general hospital or outpatient facility that gets any kind of support from a federally funded program. (b) Regulations (1) In general The Secretary must write rules that enforce the rule in (a). These rules must include a way to decide, after a hearing if someone asks for one, whether a facility broke the rule, including telling the facility it isn't complying and giving it a chance to fix the problem. If the Secretary decides a facility broke the rule and it's still breaking it after being given that chance, the Secretary can suspend or take away some or all of the facility's federal support — but only after a hearing. The Secretary can also talk with the people who run any other federal program that supports the facility, about cutting off that support too. (2) Department of Veterans Affairs The Secretary of Veterans Affairs, through the Under Secretary for Health, must write rules applying the same standards to VA hospital care, nursing home care, in-home ("domiciliary") care, and medical services for veterans with substance abuse problems — as much as the law allows given the VA's other duties under title 38. The Secretary of Veterans Affairs must regularly check in with the Secretary of Health and Human Services so their two sets of rules line up as closely as possible.

the actual law source: uscode.house.gov ↗public domain

(a) Nondiscrimination

Substance abusers who are suffering from medical conditions shall not be discriminated against in admission or treatment, solely because of their substance abuse, by any private or public general hospital, or outpatient facility (as defined in section 300s–3(4) of this title) which receives support in any form from any program supported in whole or in part by funds appropriated to any Federal department or agency.

(b) Regulations

(1) In general

The Secretary shall issue regulations for the enforcement of the policy of subsection (a) with respect to the admission and treatment of substance abusers in hospitals and outpatient facilities which receive support of any kind from any program administered by the Secretary. Such regulations shall include procedures for determining (after opportunity for a hearing if requested) if a violation of subsection (a) has occurred, notification of failure to comply with such subsection, and opportunity for a violator to comply with such subsection. If the Secretary determines that a hospital or outpatient facility subject to such regulations has violated subsection (a) and such violation continues after an opportunity has been afforded for compliance, the Secretary may suspend or revoke, after opportunity for a hearing, all or part of any support of any kind received by such hospital from any program administered by the Secretary. The Secretary may consult with the officials responsible for the administration of any other Federal program from which such hospital or outpatient facility receives support of any kind, with respect to the suspension or revocation of such other Federal support for such hospital or outpatient facility.

(2) Department of Veterans Affairs

The Secretary of Veterans Affairs, acting through the Under Secretary for Health, shall, to the maximum feasible extent consistent with their responsibilities under title 38, prescribe regulations making applicable the regulations prescribed by the Secretary under paragraph (1) to the provision of hospital care, nursing home care, domiciliary care, and medical services under such title 38 to veterans suffering from substance abuse. In prescribing and implementing regulations pursuant to this paragraph, the Secretary shall, from time to time, consult with the Secretary of Health and Human Services in order to achieve the maximum possible coordination of the regulations, and the implementation thereof, which they each prescribe.

Source credit: (July 1, 1944, ch. 373, title V, § 542, formerly Pub. L. 91–616, title II, § 201, Dec. 31, 1970, 84 Stat. 1849, as amended Pub. L. 96–180, § 6(a), (b)(1), (2)(B), Jan. 2, 1980, 93 Stat. 1302, 1303; Pub. L. 97–35, title IX, §§ 961, 966(d), (e), Aug. 13, 1981, 95 Stat. 592, 595; renumbered § 521 of act July 1, 1944, and amended Pub. L. 98–24, § 2(b)(13), Apr. 26, 1983, 97 Stat. 181; Pub. L. 98–509, title III, § 301(c)(2), Oct. 19, 1984, 98 Stat. 2364; Pub. L. 99–570, title VI, § 6002(b)(1), Oct. 27, 1986, 100 Stat. 3207–158; renumbered § 542, Pub. L. 100–77, title VI, § 611(2), July 22, 1987, 101 Stat. 516; Pub. L. 102–321, title I, § 131, July 10, 1992, 106 Stat. 368; Pub. L. 103–446, title XII, § 1203(a)(2), Nov. 2, 1994, 108 Stat. 4689.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 91-616 · 84 Stat. 1849
1981Amended · Pub. L. 97-35 · 95 Stat. 592, 595
1944Amended · Pub. L. 98-24 · 97 Stat. 181
1984Amended · Pub. L. 98-509 · 98 Stat. 2364
1986Amended · Pub. L. 99-570 · 100 Stat. 3207
1987Amended · Pub. L. 100-77 · 101 Stat. 516
1992Amended · Pub. L. 102-321 · 106 Stat. 368
1994Amended · Pub. L. 103-446 · 108 Stat. 4689

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-616 on 1944-07-01.

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