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Addiction treatment marketing rules in New York
What you can claim, how you can pay for referrals, and where New York diverges from the federal floor. Derived from the live ruleset library.
Yes. New York has its own addiction-treatment marketing law, and Pre-Trip carries it as a live rule set, with every rule traced back to the section of law it comes from, checked 2026-07-30. On top of the federal rules that apply everywhere (42 CFR Part 2, the ad platforms' healthcare policies, EKRA, the FTC Act, HIPAA, the TCPA, CAN-SPAM), New York adds 4 rules of its own, listed below with the section behind each one. A clean pass here means the copy cleared both.
N.Y. Mental Hygiene Law 32.06 (patient-brokering prohibition, both directions; provider includes any entity providing or PURPORTING TO PROVIDE substance use disorder services or operating a certified
Every New York 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, TCPA consent and revocation in calls and texts. 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 New York 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.
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High riskPromises of cure or guarantees of treatment success for substance use disorder.
A promise of cure or a guarantee of treatment outcome is false advertising in the furnishing of a service, declared unlawful by N.Y. Gen. Bus. Law 350, with false advertising defined at Gen. Bus. Law 350-a as advertising that is misleading in a material respect, and a deceptive act or practice in the furnishing of a service under Gen. Bus. Law 349. An unsubstantiated promise that treatment will cure substance use disorder is misleading in a material respect on its face.
N.Y. Gen. Bus. Law 350; N.Y. Gen. Bus. Law 350-a; N.Y. Gen. Bus. Law 349
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High riskOffers of free or covered travel, airfare, lodging, or scholarship beds as an inducement to enter treatment.
Free or covered travel, airfare, lodging, or a scholarship bed offered to bring a person into treatment is a payment, benefit or other consideration in a form other than cash, given for the referral of a person as a potential patient for substance use disorder services, which N.Y. MHL 32.06(3) prohibits a provider from intentionally making, offering, or giving, and 32.06(2) prohibits soliciting or receiving. An intentional violation of either is a misdemeanor under 32.06(5), and the inducement framing is separately a deceptive practice under Gen. Bus. Law 349.
N.Y. MHL 32.06(3); N.Y. MHL 32.06(2); N.Y. MHL 32.06(5); N.Y. Gen. Bus. Law 349
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FlagA directory, helpline, or placement service describing itself as independent, unbiased, or neutral in copy that routes callers to treatment providers.
The MHL 32.06(4)(d) marketing exemption shelters a provider's marketer only while the marketer identifies the provider represented, identifies as a marketer and not a clinician, and makes no effort to steer or lead the potential patient to the represented provider. An independence or neutrality claim by a service that in fact routes callers to paying providers is the copy-visible opposite of those conditions: it defeats the exemption, exposing the underlying referral payments under 32.06(2) and (3), and the false claim itself is a deceptive practice under Gen. Bus. Law 349.
N.Y. MHL 32.06(4)(d); N.Y. MHL 32.06(2); N.Y. MHL 32.06(3); N.Y. Gen. Bus. Law 349
The exposure New York 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.
- LicenseAdvertising violations can trigger license discipline for the facility or the provider.
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.
Our program guarantees your recovery from addiction, for good.
A promise of cure or a guaranteed outcome for substance use disorder. Outcomes cannot be guaranteed, and the claim is unsubstantiated on its face.
Cure and guarantee claims · N.Y. Mental Hygiene Law 32.06 (patient brokering)
Our program gives people the tools and the support to build lasting recovery.
Describes the service and the support without promising a guaranteed result.
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 New York, MHL 32.06 separately prohibits referral consideration in both directions and reaches entities that purport to provide SUD services; note MHL 32.06(4) preserves activity lawful under the federal Anti-Kickback Statute (42 U.S.C. 1320a-7b(b)), so the state prohibition coexists with EKRA rather than duplicating it. Misdemeanor exposure under MHL 32.06 plus administrative fines and certificate action under MHL 32.05 and 32.21.
18 U.S.C. 220 makes paying or receiving remuneration for referrals to recovery homes, clinical treatment facilities, or labs a federal crime, up to $200,000 and 10 years per occurrence, and labeling t
New York and federal sources
- N.Y. Mental Hygiene Law 32.06 (patient brokering) primary
- N.Y. Mental Hygiene Law 32.05 (operating certificate) primary
- N.Y. Mental Hygiene Law 32.21 (fines, suspension, revocation) primary
- OASAS Local Services Bulletin, Limitations and Prohibitions on Programs and Practitioners (Aug. 4, 2017)
- N.Y. General Business Law 349 (deceptive acts) primary
- N.Y. General Business Law 350 (false advertising) primary
- N.Y. General Business Law 350-a (false advertising defined, misleading in a material respect) primary
- 42 C.F.R. Part 2 (eCFR current text) primary
- 16 C.F.R. Part 255 Endorsement Guides primary
- HHS fact sheet, 42 CFR Part 2 Final Rule (2024)
- 15 U.S.C. 45d (OARFPA 2018) primary
- Google Ads Healthcare and medicines policy primary
Pre-Trip is a rigorous screen, not legal advice. Counsel decides; we help you arrive prepared. Coverage for New York reflects the library as of the build and changes as the law does.