Behavioral health and substance use treatment providers operate at the intersection of some of the most complex regulatory regimes in healthcare — state licensure requirements, federal confidentiality protections, insurance parity mandates, and rapidly evolving rules around telehealth and AI-assisted care. For outpatient clinics, residential and inpatient programs, psychiatric and psychology practices, and medication-assisted treatment providers, a misstep in any one of these areas can jeopardize licensure, reimbursement, and reputation.

MDRXLaw's healthcare attorneys understand the day-to-day realities of running a behavioral health or substance use treatment organization and provide practical, business-focused legal guidance tailored to the sector.

How We Help

• Licensure & Certification

  Applications, renewals, and change of ownership filings with state agencies such as OASAS and OMH, and other state behavioral health regulators.

• Medicaid & Insurance Compliance

  Enrollment, billing compliance, and defense against Medicaid and commercial payer audits and overpayment allegations.

• Mental Health & Substance Use Parity

  Guidance on compliance with federal and state parity laws governing coverage and reimbursement for behavioral health services.

• 42 CFR Part 2 & HIPAA Compliance

  Advising on the heightened confidentiality requirements unique to substance use disorder treatment records, alongside general HIPAA obligations.

• Telehealth & Prescribing

  Counsel on telehealth service delivery and controlled substance prescribing rules, including DEA telehealth flexibilities for behavioral health and MAT providers.

• AI Governance & Compliance

  Guidance on the compliance obligations created by AI-driven clinical, documentation, and administrative tools in psychology and psychiatric practices under existing legal frameworks.

• Regulatory Investigations & Enforcement Defense

  Representing providers in state and federal investigations, including OMIG, OIG, and Medicaid Fraud Control Unit inquiries.

• Fraud & Abuse Compliance

  Anti-Kickback Statute, Stark Law, and False Claims Act risk assessments, including issues specific to patient brokering and referral arrangements in substance use treatment.

• Credentialing & Staffing

  Guidance on clinician licensure, supervision requirements, and staffing compliance across disciplines.

• Business & Corporate Transactions

  Mergers, acquisitions, joint ventures, and corporate structuring for behavioral health and treatment organizations.

• Litigation & Dispute Resolution

  Representing providers in contract disputes, licensing appeals, and litigation, including through MDRXResolve, our dedicated mediation platform for healthcare providers.

From licensure through litigation, MDRXLaw delivers the industry-specific knowledge and responsive advocacy that behavioral health and substance use treatment providers need to navigate a demanding regulatory landscape.