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.