Ryan McAteer, J.D.
Co-Presenting with Nathaniel “Tani” Weiner
Tuesday, March 26, 2019
8:05 AM – 9:00 AM
Title: New Laws Impacting CA SUD Treatment Providers – Sea Change or Rough Waters Ahead?
California has passed two important new laws that will impact marketing and operations of California substance abuse treatment providers. SB 1228 prohibits payments by treatment providers, their owners, and other personnel that are tied to patient referrals, and was passed, in parallel with a similar federal law, in response to widely-publicized instances of patient brokering. AB 3162 requires treatment providers to offer all licensable services exclusively at the street address on the facility license, in response to concerns over treatment providers operating in residential neighborhoods.
While some provisions of these
new laws will support quality treatment by ethical treatment providers, and
benefit the California treatment community as a whole, their broad language
raises questions on parameters of permissible conduct, including marketing and
site selection practices that many operators rely on to provide access to care
and meet the significantly increased demand for treatment services. This
presentation will highlight the changes you need to know about and recommended
steps to ensure compliance with these new laws. We will also discuss
areas for which further regulatory guidance may be necessary to avoid adverse
and unintended consequences from these new laws.
Bio: Ryan McAteer is an Associate attorney of Polsinelli LLP, and a Member of the Firm’s Behavioral Health Law Group. Ryan’s practice focuses on transactions, licensing and regulation matters facing behavioral health providers, including addiction and eating disorder treatment providers in California and nationally.