Coordination and Review Section
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
42 USC 290dd-1
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A--PUBLIC HEALTH SERVICE
SUBCHAPTER III-A--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
ADMINISTRATION
Part D--Miscellaneous Provisions Relating to Substance Abuse and Mental
Health
Sec. 290dd-1. Admission of substance abusers to private and
public hospitals and outpatient facilities
(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) of this section 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) of this section 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) of this
section 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.
(July 1, 1944, ch. 373, title V, Sec. 542, formerly Pub. L. 91-616,
title II, Sec. 201, Dec. 31, 1970, 84 Stat. 1849, as amended Pub. L. 96-
180, Sec. 6(a), (b)(1), (2)(B), Jan. 2, 1980, 93 Stat. 1302, 1303; Pub.
L. 97-35, title IX, Secs. 961, 966(d), (e), Aug. 13, 1981, 95 Stat. 592,
595; renumbered Sec. 521 of act July 1, 1944, and amended Pub. L. 98-24,
Sec. 2(b)(13), Apr. 26, 1983, 97 Stat. 181; Pub. L. 98-509, title III,
Sec. 301(c)(2), Oct. 19, 1984, 98 Stat. 2364; Pub. L. 99-570, title VI,
Sec. 6002(b)(1), Oct. 27, 1986, 100 Stat. 3207-158; renumbered Sec. 542,
Pub. L. 100-77, title VI, Sec. 611(2), July 22, 1987, 101 Stat. 516;
Pub. L. 102-321, title I, Sec. 131, July 10, 1992, 106 Stat. 368; Pub.
L. 103-446, title XII, Sec. 1203(a)(2), Nov. 2, 1994, 108 Stat. 4689.)
Codification
Section was formerly classified to section 4561 of this title prior
to renumbering by Pub. L. 98-24.
Amendments
1994--Subsec. (b)(2). Pub. L. 103-446 substituted ``Under Secretary
for Health'' for ``Chief Medical Director''.
1992--Pub. L. 102-321 amended section generally, substituting
provisions relating to admission of substance abusers to private and
public hospitals and outpatient facilities for provisions relating to
programs for government and other employees.
1986--Subsec. (a). Pub. L. 99-570, Sec. 6002(b)(1), redesignated
subsec. (b) as (a), struck out ``similar'' after ``fostering and
encouraging'' in par. (1), and struck out former subsec. (a) which read
as follows: ``The Office of Personnel Management shall be responsible
for developing and maintaining, in cooperation with the Secretary and
with other Federal agencies and departments, and in accordance with the
provisions of subpart F of part III of title 5, appropriate prevention,
treatment, and rehabilitation programs and services for alcohol abuse
and alcoholism among Federal civilian employees, consistent with the
purposes of this chapter. Such agencies and departments are encouraged
to extend, to the extent feasible, these programs and services to the
families of alcoholic employees and to employees who have family members
who are alcoholics. Such policies and services shall make optimal use of
existing governmental facilities, services, and skills.''
Subsecs. (b) to (d). Pub. L. 99-570, Sec. 6002(b)(1)(C),
redesignated subsecs. (c) and (d) as (b) and (c), respectively. Former
subsec. (b) redesignated (a).
1984--Pub. L. 98-509 amended directory language of Pub. L. 98-24,
Sec. 2(b)(13). See 1983 Amendment note below.
1983--Pub. L. 98-24, Sec. 2(b)(13), as amended by Pub. L. 98-509,
renumbered section 4561 of this title as this section.
Subsec. (b)(4). Pub. L. 98-24, Sec. 2(b)(13)(B)(i), substituted
``section 290ee-1 of this title'' for ``section 1180(b) of title 21''.
Subsec. (d). Pub. L. 98-24, Sec. 2(b)(13)(B)(ii), substituted ``this
section'' for ``this subchapter'', meaning subchapter II (Sec. 4561 et
seq.) of chapter 60 of this title.
1981--Subsec. (b). Pub. L. 97-35, Secs. 961, 966(d), made changes in
nomenclature, and substituted provisions relating to responsible State
administrative agencies, for provisions relating to single State
agencies designated pursuant to section 4573 of this title.
1980--Pub. L. 96-180, Sec. 6(b)(2)(A), amended section catchline.
Subsec. (a). Pub. L. 96-180, Sec. 6(a), substituted ``Office of
Personnel Management'' for ``Civil Service Commission'' and inserted
provisions that require compliance with provisions of subpart F of part
III of title 5 and encourage agencies and departments to extend the
programs and services to the families of alcoholic employees and to
employees who have family members who are alcoholics.
Subsec. (b). Pub. L. 96-180, Sec. 6(b)(1), designated existing
provisions as par. (1), made the Secretary responsible for encouragement
of programs and services, required the programs and services to be
designed for application to families of employees and to employees who
have family members who are alcoholics, and added pars. (2) to (4).
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with provision
for programs providing financial assistance, see section 801(c), (d) of
Pub. L. 102-321, set out as a note under section 236 of this title.
Section Referred to in Other Sections
This section is referred to in section 290aa of this title.
