The United States Department of Justice Department of Justice SealF The United States Department of Justice
Search The Site
 

Federal Coordination and Compliance Section

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[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.


General Information Federal Coordination and Compliance
Federal Coordination and Compliance
Title VI Hotline: 1-888-TITLE-06
(1-888-848-5306) (Voice / TTY)
Leadership
Deeana Jang
Chief
Contact
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

Stay Connected YouTube MySpace Twitter Facebook Sign Up for E-Mail Updates Subscribe to News Feeds