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Laws, Regulations & Policies on Mental Health & Substance Use Disorder

Mental health laws protect your rights, privacy, and safety. While regulations vary by state, federal laws provide a consistent foundation nationwide. Keep reading to learn more about federal policies on mental health and how to start your recovery journey.

HIPAA Laws

The Health Insurance Portability and Accountability (HIPAA) Act of 1996 protects the privacy and security of your sensitive health information, including mental health records.1 It limits who can access your data, requiring your consent for disclosure.1 HIPAA laws allow you to control how your health information is used and shared.1

These laws ensure your information stays confidential and you remain in control of your healthcare decisions. So, if you’re wondering, “does rehab go on your record?”, know that HIPAA helps ensure your treatment information remains private and is only shared with your permission.

Affordable Care Act (ACA)

The Affordable Care Act (ACA) of 2010 expands access to health insurance by making it more cost effective for consumers.2 This law also works to expand Medicaid and determine new and innovative ways to deliver medical care at a lower cost.2 Under this law, marketplace health plans must cover essential health benefits, including substance use disorder (SUD) and mental health services.3 

Coverage levels for addiction treatment can vary based on many factors, including your specific policy and state.3 Whether attending medical detox, inpatient drug and alcohol rehab, or outpatient addiction treatment programs, these federal laws on mental health ensure you can access some level of coverage to get the support you need. The ACA can provide you with the opportunity to get the needed addiction treatment or mental healthcare without breaking the bank. 

Mental Health Parity and Addiction Equity Act

The Mental Health Parity and Addiction Equity Act (MHPAEA) of 2008 ensures you receive equal benefit opportunities for mental health and addiction treatment services.4 Specifically, it requires your behavioral health coverage to be equal to the level of coverage you would receive for medical or surgical healthcare.4 

Under this act, health plans can’t impose unfavorable mental health and addiction care limitations.4 Additionally, coinsurance requirements, copays, and visit limits cannot be more restrictive than what you would experience with medical services.4 The MHPAEA also prevents separate treatment limitations and financial requirements that only apply to mental health and SUD benefits.4 

This law protects your right to fair, non-discriminatory coverage, ensuring mental health care is treated equally to physical health care at all times and in all locations.4 Therefore, this allows you more opportunities to obtain quality behavioral and addiction-related treatment services.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) of 1990 protects people with disabilities from discrimination in many areas of society.5 From housing to employment, these federal policies on mental health require public entities and employers to provide reasonable accommodations to support people with disabilities.5 The ADA ensures you have equal access, rights, and opportunities in daily life, including in seeking and receiving treatment services for addiction and behavioral or mental health conditions, regardless of what disability you may have. 

Bipartisan Safer Communities Act (BSCA)

The Bipartisan Safer Communities Act (BSCA) of 2022 focuses on protecting communities and reducing gun violence.6 This law aims to support mental health service expansion, strengthen gun control measures, and increase school safety programs through several initiatives, among other initiatives.6

The BCSA supports the national expansion of the community behavioral health center model. It makes mental health services more accessible through Medicaid and telehealth services.6 These policies also invest in programs to expand supportive and mental health services in schools.6 By increasing access to timely mental health care and early intervention services, the BSCA helps you get the support you need to properly manage your mental health and potentially prevent crises.

Consolidated Appropriations Act (CAA)

Established in 2021, the Consolidated Appropriations Act (CAA) protects billing participants, beneficiaries, and enrollees regarding healthcare transparency and surprise billing.7 This law enforces the MHPAEA laws, requiring health plans to analyze and report how they offer equal mental and physical health service coverage.7

While the CAA sets nationwide standards, enforcement of these mental health policies can vary by state.7 The CAA ensures you’re aware of your coverage level and any limitations. That way, you can make informed decisions about your mental health care.

Comprehensive Addiction and Recovery Act (CARA)

The Comprehensive Addiction and Recovery Act (CARA) of 2016 provides an extensive approach to address the opioid epidemic.8 This law includes 6 essential pillars, including prevention, treatment, recovery, law enforcement, criminal justice reform, and overdose reversal.8

With an integrated, balanced strategy, CARA aims to promote treatment and recovery while expanding education and prevention efforts.8 Some main provisions of CARA include expanding Narcan availability, increasing prescription medication disposal sites, launching medication-assisted treatment (MAT) programs, and establishing a nationwide evidence-based opioid treatment program.8 This law can offer a number of benefits, including improving your understanding of opioid addiction while making suitable treatment more accessible on the whole.

SUPPORT Act

The Substance Use Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities (SUPPORT) Act of 2018 is another law that aims to address the opioid epidemic with a comprehensive approach focused on strengthening prevention efforts and improving access to treatment.9

It also includes provisions for Medicaid, Medicare, and the Food and Drug Administration (FDA) to increase medication-assisted treatment accessibility, enhance prescription drug safety, and support new therapy developments for SUDs.9 By increasing funding and collaboration among federal agencies, this act strives to promote long-term recovery for people impacted by addiction.

Behavioral Health Services Act

Formerly known as the Mental Health Services Act, the Behavioral Health Services Act reformed behavioral health care funding to prioritize services for people with the most crucial mental health needs.10 It also focuses on increased funding for SUD treatment, growing the behavioral health workforce, and expanding housing interventions.10

These mental health policies safeguard access to care by reducing behavioral health disparities and advancing equity.10 Furthermore, the Behavioral Health Services Act increases transparency, oversight, and accountability at the state and local levels.10 This law ensures you can access essential support regardless of income or background. It also prioritizes equity and accountability in the mental healthcare system.

Start the Recovery Journey

Starting recovery is a brave, potentially life-changing step. If you or a loved one is ready to seek treatment, we’re always here to help. From using health insurance to pay for rehab to exploring different levels of addiction treatment programs, we’re here to offer support and answer your questions.

Calls are always free and confidential, and there’s no obligation to commit to a program. Call us right now to speak with one of our kind, compassionate admissions navigators and get started on your recovery journey.

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