In reviewing OMH consents/authorizations, do we need specifically add a section about 42CFR (Alcohol and Drug Abuse) for clients who are dually diagnosed?
(April 2003) A: The federal regulations governing the confidentiality of alcohol/drug treatment information apply to “federally funded alcohol or drug abuse treatment programs.” In New York, a good way to identify if you are a “federally funded alcohol or drug abuse treatment program” is to see if you are required to be licensed by the NYS Office of Alcoholism and Substance Abuse Services (OASAS) and/or if you receive any funding from that agency. A provider that is licensed by the Office of Mental Health that does not have an OASAS license or an OASAS licensed unit, and whose primary function is NOT the provision of alcohol/drug services, is likely not a “federally funded alcohol or drug abuse treatment program” even if patients in its general population are diagnosed as having a drug or alcohol abuse problem and/or these issues are reflected in the patient’s clinical record. If you are, in fact, a federally funded alcohol/drug abuse treatment program, then you must ensure that your r
