Does New York have its own addiction treatment marketing law?

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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, human-reviewed ruleset, last verified 2026-07-23. On top of the federal floor that applies everywhere (EKRA, 42 CFR Part 2, and the FTC Act), New York adds state-specific limits on what you can claim and how you can pay for referrals. A clean pass here means the copy cleared both layers.

Stop 1What applies here

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

New York deceptive addiction treatment marketing and patient brokering (NY)Last verified 2026-07-23

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. 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.

Stop 2What you cannot say

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.

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

Promises of cure or guarantees of treatment outcome defeat the OASAS information-service exception (its conditions include no promises of cure or guarantees of treatment outcome) and are deceptive acts and false advertising under GBL 349 and 350. For a provider or an entity purporting to provide SUD services, related referral arrangements carry misdemeanor exposure under MHL 32.06 and administrative fines, suspension, or certificate revocation under MHL 32.05 and 32.21.

OASAS Local Services Bulletin (Aug. 4, 2017), information-service exception; N.Y. GBL 349, 350; N.Y. MHL 32.05, 32.21
High riskOffers of free or covered travel, airfare, lodging, or scholarship beds as an inducement to enter treatment.

Travel and lodging inducements are consideration for a referral under MHL 32.06, which prohibits offering or accepting any payment, benefit, or other consideration in any form connected to patient referral, and are deceptive marketing under GBL 349. Misdemeanor exposure under 32.06 plus administrative fines and certificate action under 32.05 and 32.21.

N.Y. MHL 32.06(2), (3); N.Y. GBL 349; N.Y. MHL 32.05, 32.21
High riskOffering to provide or arrange transportation to treatment or admission.

Providing or arranging transportation defeats the OASAS information-service exception (its conditions include no transportation) and functions as referral consideration under MHL 32.06. Misdemeanor exposure under 32.06 plus administrative fines and certificate action under 32.05 and 32.21.

OASAS Local Services Bulletin (Aug. 4, 2017), information-service exception; N.Y. MHL 32.06; N.Y. MHL 32.05, 32.21
FlagA directory, helpline, or placement service describing itself as independent, unbiased, or neutral in copy that routes callers to treatment providers.

The OASAS information-service exception requires no steering to a particular provider, and the MHL 32.06(4) marketer safe harbor requires no effort to steer or lead the potential patient to a represented provider. An independence claim by a service that in fact routes callers to fee-paying providers is the copy-visible face of prohibited steering and a deceptive act under GBL 349.

OASAS Local Services Bulletin (Aug. 4, 2017), no-steering condition; N.Y. MHL 32.06(4); N.Y. GBL 349

Stop 3What it costs

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.

Stop 4A line that flags, a line that passes

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.

High riskWould flag

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)

PassWould clear

Our program gives people the tools and the support to build lasting recovery.

Describes the service and the support without promising a guaranteed result.

Stop 5Where New York diverges

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

18 U.S.C. 220; United States v. Schena, No. 23-2989 (9th Cir. July 11, 2025) (primary anchor); D.N.J. guilty pleas of Sept. 15, 2020 (Mohammad and Dickau) (secondary anchor); Tex. H&S Code 164.005 (state-conditional, TX facets); N.Y. MHL 32.06 (state-conditional, NY facets); Cal. HSC 11831.6 (state-conditional, CA); C.R.S. 12-245-224(1)(q) (CO carve-out divergence caution)

New York and federal sources

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.