Addiction treatment marketing rules in Delaware

Every Delaware scan also runs the always-on federal layer: 42 CFR Part 2 confidentiality and FTC endorsement rules in addic, Platform certification requirements for addiction treatment adve, EKRA referral remuneration in marketing copy, FTC deceptive health claims and endorsements. A ruleset counts toward a clean pass only while it is published, matches its content hash, and its review clock is fresh, which is why the date above is load-bearing.

The claim types Delaware law puts off-limits in treatment marketing. Each is compiled from the cited section; the scanner reads your copy for them, and the patterns stay on the server.

• High riskPromises of cure or guarantees of treatment success for substance use disorder.

  Promises of cure or guarantees of treatment outcome for substance use disorder are deceptive or unlawful practices in the advertisement of a service under the Delaware Consumer Fraud Act, 6 Del. C. 2513.

  6 Del. C. 2513 (Delaware Consumer Fraud Act), https://delcode.delaware.gov/title6/c025/index.html

• High riskOffers of free or covered travel, airfare, lodging, or scholarship beds as an inducement to enter treatment.

  Free travel or lodging offered as a misleading inducement to enter treatment is a deceptive or unlawful practice under the Delaware Consumer Fraud Act, 6 Del. C. 2513. Where the same benefit is remuneration to induce a patient referral, it also implicates the patient-brokering prohibition at 6 Del. C. 2502F, a civil violation up to $10,000 per violation.

  6 Del. C. 2513 (Delaware Consumer Fraud Act), https://delcode.delaware.gov/title6/c025/index.html

• High riskOffering to provide or arrange transportation to treatment or admission.

  Transportation offered as a misleading inducement to enter treatment is a deceptive or unlawful practice under the Delaware Consumer Fraud Act, 6 Del. C. 2513. Where it is remuneration to induce a patient referral it also implicates the patient-brokering prohibition at 6 Del. C. 2502F.

  6 Del. C. 2513 (Delaware Consumer Fraud Act), https://delcode.delaware.gov/title6/c025/index.html

• FlagA directory, helpline, or placement service describing itself as independent, unbiased, or neutral in copy that routes callers to treatment providers.

  An independence or neutrality claim by a service that in fact routes callers to paying providers is a deceptive or unlawful practice under the Delaware Consumer Fraud Act, 6 Del. C. 2513. Where the routing is paid, the arrangement may separately be patient brokering under 6 Del. C. 2502F, whose aiding-and-abetting reach extends to a marketing intermediary that facilitates it.

  6 Del. C. 2513 (Delaware Consumer Fraud Act), https://delcode.delaware.gov/title6/c025/index.html

The exposure Delaware attaches to a marketing violation, by tier. Exact amounts and elements live in the cited statute.

• CriminalPatient-brokering or referral-payment conduct can carry criminal exposure. The tier is in the cited statute.
• CivilCivil penalties per violation and deceptive-practices exposure. Amounts are in the cited section.

What the scanner does with two versions of the same idea. The flagged line is rendered the way Pre-Trip renders a finding; the clean line is a pass.

Compensation for marketers, recruiters, or referral partners described as paid per admission, per patient, per referral, or per placement, or otherwise conditioned on the volume or value of patients delivered.. In Delaware, 6 Del. C. 2502F prohibits patient brokering, including aiding or abetting it, for referrals to or from a health-care provider or facility, with a civil penalty up to $10,000 per violation; the statute is framed for all health care though it was enacted to target SUD patient brokering.

Pre-Trip is a rigorous screen, not legal advice. Counsel decides; we help you arrive prepared. Coverage for Delaware reflects the library as of the build and changes as the law does.