Best bets
Mental health & substance misuse, Mass.gov.
List of pages on Mass.gov relating to mental health and substance misuse.
Massachusetts laws
MGL c. 17, § 19 Regulations relative to coordination of care and management; discharge planning for substance use disorder treatment programs
Requires licensed SUD treatment programs to implement robust discharge planning. Plans must include follow-up treatment recommendations, housing resources, FDA-approved medication-assisted treatments, workforce options, community support, and non-opiate directives, among other patient-specific considerations.
MGL c. 19 Department of Mental Health
MGL c. 111, § 25J½ Intervention prior to discharge from acute-care hospital or satellite emergency facility to reduce risk of subsequent harm and fatality following opioid-related overdose
Builds on the STEP Act's warm handoff provisions. It requires hospitals with emergency departments (as well as satellite facilities) to maintain the capacity to provide evidence-based interventions for opioid-overdose patients, including the ability to prescribe, possess, and administer opioid agonist medication.
MGL c. 111, § 51½(b) Substance use disorder evaluation and treatment for acute-care hospital or satellite emergency facility patient experiencing opioid-related overdose
Also referred to as the "STEP Act". Individuals arriving at an acute care facility after an opioid overdose must receive a comprehensive substance abuse evaluation within 24 hours. They must also be informed of the findings and recommendations, and cannot be discharged before the evaluation is completed (or before 24 hours have passed).
MGL c. 118E, § 10O Coverage for mental health acute treatment, community-based acute treatment and intensive community-based acute treatment
MGL c. 118E, § 10P Coverage for mental health or substance use disorder services delivered through psychiatric collaborative care model
MGL c. 118E, § 81 Mental health and substance use disorder benefits; benefits for children and adolescents under the age of 19 for the diagnosis and treatment of mental, behavioral, emotional or substance use disorders substantially interfering with or limiting the functioning and social interactions of such child or adolescent; consent to disclosure of information
MGL c. 123, § 35 Commitment of someone with alcohol or substance use disorder
Also referred to as “Section 35”. Authorizes courts to involuntarily commit individuals with alcohol or substance use disorders to treatment if they pose a serious harm to themselves or others.
MGL c. 140, §§ 131R-131Y Extreme Risk Protection Orders (ERPO)
Provides a process for family and household members to petition the court to temporarily take weapons from people who pose a risk to themselves or others.
St. 2022, c. 177 An act addressing barriers to care for mental health
Addresses, among other things, emergency room boarding, requires emergency rooms to have a behavioral health clinician available, and will also create an online portal for faster patient care.
St. 2024, c. 285 An act relative to treatments and coverage for substance use disorder and recovery coach licensure
Massachusetts regulations
101 CMR 346 Rates for certain substance-related and addictive disorders programs
104 CMR 27.18 Licensing and operational standards for mental health facilities - Substance use disorder treatment facility
Sets operational standards for facilities treating individuals under Section 35, including required licensure and types of allowed services (e.g., detox, medication-assisted treatment, clinical stabilization).
130 CMR 418 Substance use disorder treatment services
Establishes requirements for participation of substance use disorder treatment programs in MassHealth and governs public and private programs.
Additional regulations on administrative and billing instructions can be found on the page Substance use disorder treatment manual for MassHealth providers.
Massachusetts court rules, standards, and guidelines
Supreme Judicial Court standards on substance use disorders and mental health conditions
"[T]he Supreme Judicial Court adopted these Standards on Substance Use Disorders and Mental Health Conditions in recognition of recent advances in behavioral health, including substance use disorder diagnosis and treatment, mental health care, and increased recognition of the role of trauma, including childhood trauma, and the complex interplay of co-occurring mental health and substance use disorders."
Federal laws
Drug Addiction Treatment Act (DATA) of 2000
Allows qualified healthcare providers to prescribe buprenorphine for opioid use disorder (OUD) in outpatient settings. Introduced the concept of Office-Based Opioid Treatment (OBOT). Formerly required an “X-waiver” for prescribing buprenorphine (now repealed).
Mental Health Parity and Addiction Equity Act (MHPAEA) of 2008 updated in 2024
Requires most insurance plans to provide equal coverage for mental health and SUD services as for medical/surgical services. Covers treatment limits (e.g., number of visits), co-pays, and prior authorization. Applies to employer plans with 50+ employees, ACA plans, and Medicaid managed care. Visit the Department of Labor's online guide to MHPAEA for more information.
SUPPORT for Patients and Communities Act (2018)
Comprehensive legislation targeting the opioid crisis. Expands telehealth services for SUD treatment. Allows Medicaid coverage of SUD treatment in more settings. Improves data sharing between healthcare providers (modifications to 42 CFR Part 2). Funds recovery support services, workforce expansion, and research.
Federal regulations
42 CFR Part 2 Confidentiality of substance use disorder patient records
Protects the privacy of individuals receiving SUD treatment at federally assisted programs. Prohibits disclosure of patient records without written consent, except under specific circumstances (e.g., medical emergency, court order). Stricter than HIPAA in many respects.
- The Substance Abuse and Mental Health Services Administration (SAMHSA) provides answers to frequently asked questions (FAQs) on substance use confidentiality regulations.
Forms
DMH forms, Mass. Department of Mental Health.
Including Complaint form, Application for Care, Patients’ Rights and more.
Mental health forms, Mass. Trial Court.
Including new prisoner Petition for Transfer form under MGL c. 123, § 18(a1/2) requesting transfer to a Department of Mental Health (DMH) facility.
Selected cases
Web sources
Massachusetts
Agency
Bureau of Substance Addiction Services, Mass. Department of Public Health.
BSAS oversees the statewide system of prevention, intervention, treatment, and recovery support services for individuals, families, and communities affected by substance addiction. This includes listings, policy updates, overdose data, grant programs, recovery coaching. Governs and funds addiction services across Massachusetts.
Services
Access to Recovery (ATR), Mass. Department of Public Health.
A six-month program connecting individuals with SUD to personalized recovery services such as housing support, recovery coaching, and job training—available in communities like Boston, Lowell, Springfield, and Worcester.
Project NORTH, Mass. Trial Court.
Project NORTH provides voluntary court-based Recovery Support Navigation, short-term transportation assistance to relevant services, and short-term assistance with rent in a certified and participating sober house for eligible individuals. These services are available to court users and their families in Barnstable, Boston, Brockton, Chelsea, Fall River, Haverhill, Lawrence, Lowell, Lynn, New Bedford, Pittsfield, Quincy, Springfield, Taunton, and Worcester.
Roadmap for behavioral health reform, Mass. Department of Mental Health.
Helps people in Massachusetts get the mental health and substance use care they need, when and where they need it. Through a 24/7 Behavioral Health Help Line (BHHL) and statewide network of Community Behavioral Health Centers (CBHCs), the Roadmap connects people with supportive services right in their communities.
Substance use disorder services, Mass. Commission for the Deaf and Hard of Hearing (MCDHH)
"MCDHH currently employs a Coordinator of Statewide Substance Use Disorder and Recovery Services. To support families, individuals, the community, and Recovery Support centers, the Coordinator provides information on issues surrounding drugs, alcohol, behavioral addictions and mental health co-occurring disorders."
Section 35
Section 35, Mass. Department of Public Health, Bureau of Substance Addiction Services.
Provides answers to frequently asked questions (FAQs) about the process and criteria used, and links to additional resources relating to Section 35.
Section 35 in the courts, Mass. Trial Court.
This video will walk you through the key steps and information you need to know about filing a Section 35 petition in the Boston Municipal Court, District Court, or Juvenile Court. Includes Facilities and resources for Section 35 treatment.
Federal
Mental health & substance use disorders (Medicare), Centers for Medicare & Medicaid Services.
"Medicare covers certain screenings, services, and programs that aid in the treatment and recovery of mental health and substance use disorders." Additional information can be found on the page Substance use disorders resources.
National Institute on Drug Abuse, National Institute of Health.
Their mission is to advance science on drug use and addiction and to apply that knowledge to improve individual and public health.
Substance Abuse and Mental Health Services Administration, U.S. Substance Abuse and Health Services Administration (SAMHSA)
To prevent misuse and increase treatment and recovery, SAMHSA works to educate about the risks of substance use, increase prevention activities, fund community-based treatment services, support recovery, and gather and evaluate data about substance use across the nation.
Substance use disorders resources (Medicaid), Centers for Medicare & Medicaid Services.
Resources for states that have included behavioral health services for individuals with SUD in their Medicaid State Plans, Managed Care Waivers and Section 1115 Demonstrations.
Print sources
CPCS mental health proceedings in Massachusetts: A manual for defense counsel by Stan Goldman, 7th ed., MCLE, 2020.
Mental health law (Mass Practice v.53), Thomson West, 2007 with supplement.
Note: The publisher has ceased updates to this volume as of June 2025.
Substance use & abuse in the workplace, MCLE New England, 2018.
Contact
Online
Last updated: | October 14, 2025 |
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