[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR54.8]



[Page 234-235]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

  PART 54_CHARITABLE CHOICE REGULATIONS APPLICABLE TO STATES RECEIVING 

SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK GRANTS AND/OR PROJECTS FOR 

ASSISTANCE IN TRANSITION FROM HOMELESSNESS GRANTS--Table of Contents

 

Sec.  54.8  Right to services from an alternative provider.



    (a) General requirements. If an otherwise eligible program 

beneficiary or prospective program beneficiary objects to the religious 

character of a program participant, within a reasonable period of time 

after the date of such objection, such program beneficiary shall have 

rights to notice, referral, and alternative services, as outlined in 

paragraphs (b) through (d) of this section.

    (b) Notice. Program participants that refer an individual to 

alternative service providers, and the State government that administers 

the applicable programs, shall ensure that notice of the individual's 

right to services from an alternative provider is provided to



[[Page 235]]



all program beneficiaries or prospective beneficiaries. The notice must 

clearly articulate the program beneficiary's right to a referral and to 

services that reasonably meet the requirements of timeliness, capacity, 

accessibility, and equivalency as discussed in this section. A model 

notice is set out in appendix A to part 54a.

    (c) Referral to an alternative provider. If a program beneficiary or 

prospective program beneficiary objects to the religious character of a 

program participant that is a religious organization, that participating 

religious organization shall, within a reasonable time after the date of 

such objection, refer such individual to an alternative provider. The 

State shall have a system in place to ensure that referrals are made to 

an alternative provider. That system shall ensure that the following 

occurs:

    (1) The religious organization that is a program participant shall, 

within a reasonable time after the date of such objection, refer the 

beneficiary to an alternative provider;

    (2) In making such referral, the program participant shall consider 

any list that the State or local government makes available to entities 

in the geographic area that provide program services, which may include 

utilizing any treatment locator system developed by SAMHSA;

    (3) All referrals shall be made in a manner consistent with all 

applicable confidentiality laws, including, but not limited to, 42 CFR 

Part 2 (``Confidentiality of Alcohol and Drug Abuse Patient Records'');

    (4) Upon referring a program beneficiary to an alternative provider, 

the program participant shall notify the State or responsible unit of 

government of such referral; and

    (5) The program participant shall ensure that the program 

beneficiary makes contact with the alternative provider to which he or 

she is referred.

    (d) Provision and funding of alternative services. If an otherwise 

eligible applicant or recipient objects to the religious character of a 

SAMHSA-funded service provider, the recipient is entitled to receive 

services from an alternative provider. In such cases, the State or local 

agency must provide the individual with alternative services within a 

reasonable period of time, as defined by the State agency. That 

alternative provider must be reasonably accessible and have the capacity 

to provide comparable services to the individual. Such services shall 

have a value that is not less than the value of the services that the 

individual would have received from the program participant to which the 

individual had such objection, as defined by the State agency. The 

alternative provider need not be a secular organization. It must simply 

be a provider to which the recipient has no religious objection. States 

may define and apply the terms ``reasonably accessible,'' ``a reasonable 

period of time,'' ``comparable,'' ``capacity,'' and ``value that is not 

less than.'' The appropriate State or local governments that administer 

SAMHSA-funded programs shall ensure that notice of their right to 

alternative services is provided to applicants or recipients. The notice 

must clearly articulate the recipient's right to a referral and to 

services that reasonably meet the timeliness, capacity, accessibility, 

and equivalency requirements discussed above.

    (e) PATH annual report. As part of the annual report to SAMHSA, PATH 

grantees shall include a description of the activities the grantee has 

taken to comply with 42 CFR part 54.