When a person is court ordered to treatment via the Florida Marchman Act, the treatment is either paid for privately or through personal health insurance plans. If the Respondent or their family cannot afford to pay for private treatment, options are limited to state or county funded programs. There are definitely advantages to private treatment if one can afford it. The government funded beds are often limited in availability which may result in delays of the Marchman Act process. ASI will make recommendations for treatment based on both clinical and financial factors. We have a network of treatment facilities who have agreed to reduce rates for our clients as well as making payment plans to accommodate them.
Substance abuse treatment is either paid for privately (cash) or through personal health insurance plans. If neither the Respondent nor the Petitioner has the ability to pay for treatment, the only treatment alternative is typically the use of a county or government funded indigent program.
The Client must recognize that the use of any treatment program that is not paid for privately or through insurance may result in a delay of the Marchman Act process. County or government funded treatment programs typically have limited bed availability and treatment capacity, which may result in the Respondent being placed on a waiting list for a bed for detox or residential treatment.
ASI will enforce compliance by the Respondent of the rules and regulations of the government run program; including sobriety, while waiting for an available bed. However, the client must recognize that any delay in providing immediate treatment influences the overall chance for immediate success.
Should the Client have the ability to pay for treatment privately (cash) or utilize insurance, ASI will present this alternative treatment option to the family and the court as an alternative to the potential delays of an indigent-based state or county-run treatment program. ASI works with a large network of private treatment providers, some of whom have agreed to grant discounted rates to our clients or in the alternative, create affordable payment plans to accomodate them.
Each addict will be evaluated by ASI on an individual basis to determine what is the most appropriate and affordable modality of treatment. Not every treatment center will be right for every client. Recent studies show that over 80% of drug addicts suffer from other mental disorders, known as “Co-occurring Disorders” in the field (formerly called “dual-diagnosis”). If these other disorders are not addressed and properly treated, there will be little chance of successful long term recovery of the Addiction. Some of ASI's network treatment facilities specialize in the treatment of co-occurring disorders in conjunction with treatment of the Addiction. Our thorough assessments ensure that every ASI client is placed in a facility that will address the individual needs of that client.
ASI is specially licensed by DCF in Case Management and we place very strong emphasis on this component of treatment. Case Management entails monitoring all phases of treatment and maintaining the “Continuum of Care”. For example, we take all available measures to ensure that a client who completes residential treatment is immediately placed into an intensive outpatient program or a sober living facility when appropriate.
We are here to serve and always available to answer any of your questions about the Florida Marchman Act or substance abuse treatment options.
People who have completed drug and/or alcohol treatment may be concerned about whether their past problems with substance abuse will forever haunt them. However, there are a number of federal and state laws that can help ensure that you are treated fairly and not denied certain services because of your history with substance abuse or treatment for substance abuse.
Federal laws such as the Americans with Disabilities Act and the Rehabilitation Act of 1972 prevent employers in the public and private sectors from discrimination on the basis of past substance abuse treatment, as do some state anti-discrimination laws.
Plus, if you need substance abuse treatment that requires you to take a leave of absence from work, you may be able to do so pursuant to the Family and Medical Leave Act (“FMLA”), which permits up to 12 weeks of unpaid leave for medical purposes. So long as your employer is subject to the FMLA, and you are otherwise eligible to take FMLA leave, your employer cannot discriminate against you for requesting medical leave in order to undergo substance abuse treatment. Your employer also has a duty to accommodate any ongoing treatment that you might need that requires you to be absent from work or alter your work schedule, if it would not cause undue harm to do so.
Furthermore, any information about the fact that you have undergone substance abuse treatment is completely confidential. If your employer needs information about your treatment for the purposes of FMLA or medical insurance, your employer cannot disclose any of this information without your consent. Also, if employment-related drug testing reveals legally prescribed medications in your system, such as methadone, your employer cannot disclose this information, or punish you for it.
Likewise, if you are interviewing for a job, your prospective employer cannot even ask you about any substance abuse treatment that you might have undergone in the past. Employers are prohibited from discriminating against job applicants who have a history of substance abuse or treatment for substance abuse. Similarly, government job placement or training centers, such as unemployment offices, cannot discriminate against you due to your history of substance abuse or treatment.
You are also entitled to fair treatment in terms of housing under the Fair Housing Act, a federal anti-discrimination law. A landlord, seller, realtor, or public housing agency cannot prevent you from renting or purchasing a home because you have a history of substance abuse or treatment. The only exception is that you may not be permitted to live in public housing if you have certain drug-related criminal convictions in your past.
Other government and public agencies are subject to anti-discrimination laws, as well. For instance, you cannot be denied public assistance, such as Medicaid or food stamps, because you have a history of substance abuse or treatment. Public entities such as churches, hospitals, and schools also are prohibited from discriminating against you or denying you services due to your history of substance abuse or treatment.
While many do not see substance abuse as a disability or a serious medical condition, it is classified as a medical disability by the AMA. Therefore, employers should be aware that substance addictions may be covered under the FMLA or the ADA if an employee receives inpatient care or continuing treatment for the problem, or if their addiction substantially affects a major life activity.
In order for the FMLA to apply, an employee must show that at the time of the disciplinary incident, he/she suffered from a “serious health condition” which is an “illness, injury, impairment, or physical or mental condition that involves (A) inpatient care at a hospital, hospice or residential medical care facility; or (B) continuing treatment by a healthcare provider.” The employee must show they were receiving continuing treatment by a healthcare provider, or was receiving care at a medical facility.
Under the ADA, alcoholism can be a disability but only if a person can prove a disability that impacted any “major life activities.” These activities may include sleeping, walking, or eating. Employers should be mindful that alcoholism and other substance abuse problems may be considered disabilities under the ADA or a serious health condition under the FMLA requiring the employer to follow the guidelines of each statute.
LEAVE REQUIRED BY THE AMERICANS WITH DISABILITIES ACT ( THE “ADA”)
There will be occasions when an employee will be entitled to leave under the ADA. When Congress enacted the ADA in 1990 it determined that “...the nation’s proper goals regarding individuals with disabilities are to assure equal opportunity, full participation, independent living, and economic self sufficiency to such individuals.”[i]
The Equal Employment Opportunity Commission regulations define a “disability” as “... a physical or mental impairment that substantially limits one or more major life activities; ...a record of such an impairment...or being regarded as having such an impairment.” A “physical or mental impairment” is a condition that affects any of the major body systems, “...a mental or physical disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.” A “major life activity...means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.”
In determining whether an individual is substantially limited in a major life activity the regulations take into consideration the severity of the impairment, its expected duration, and its long term impact. A person is substantially limited in the major life activity of working if he or she is restricted from performing a broad range of jobs. The inability to perform one particular job does not constitute a significant limitation in the major life activity of working.
Alcoholism is a protected disability under the ADA. The ADA specifically allows employers to prohibit the use of alcohol and illegal drugs in the workplace and to require that employees not be under the influence of alcohol while at work. An employer may also hold an employee who is alcoholic or who engages in the illegal use of drugs to the same standards of conduct and performance as other employees even if the employee’s deficiencies are related to alcoholism or illegal drug use. However an employee must be allowed leave under the ADA and the FMLA for treatment of alcoholism.