They're Betting You
Don't Know Your Rights.

Facilities may have policies restricting phone use during certain hours or early in treatment. However, they generally cannot permanently confiscate your property, and many states require facilities to have a written policy about belongings that patients can access. If a facility is holding your ID, you have the right to request it — it belongs to you.

If you entered treatment voluntarily and are not under a court order, you have the right to leave. Facilities may ask you to sign an "against medical advice" (AMA) form — you can refuse to sign it. They may not physically prevent you from leaving or threaten criminal consequences. If you're being held against your will without a legal order, that may constitute unlawful detention.

Your addiction treatment records are protected by 42 CFR Part 2 — a federal privacy law stricter than HIPAA specifically for substance use treatment. Facilities generally cannot share your records with employers, courts, or family members without your written consent. There are narrow exceptions (medical emergencies, court orders).

Facilities must obtain your informed consent before billing insurance. You have a right to an itemized bill and an explanation of all charges. If you discover unauthorized charges or billing for services not rendered, this may constitute insurance fraud and you should report it.

Most states require licensed clinical staff for treatment facilities — licensed counselors, social workers, or psychologists must supervise clinical services. Peer support specialists have separate certifications. If someone is providing clinical services without credentials, this is a licensing violation.

Under the Fair Housing Act, people in recovery from addiction (who are not currently using) are generally protected as individuals with a disability. Landlords cannot refuse to rent, set different terms, or evict you solely because of your recovery status. However, current illegal drug use is not protected. The line between "in recovery" and "current use" is frequently abused by landlords.

Your rights depend heavily on what your residency agreement says and whether the home is licensed by the state. In many states, sober homes operate in a gray area with limited oversight. However, if you've been there long enough to establish tenancy, standard landlord-tenant law may protect you even without a formal lease. Immediate removal without any process may be unlawful.

Many sober living agreements include consent to room searches. However, there are limits — searches cannot be conducted in a harassing or retaliatory manner, and facilities cannot use searches as a pretext for targeting certain residents. If you never signed an agreement that included search consent, you have stronger protections.

Some states have begun regulating sober living home fees, particularly those that receive public funding or accept state referrals. Unlicensed homes have fewer restrictions but may still be subject to consumer protection laws if their fees are deceptive or their conditions misrepresented. Kickback arrangements between referral services and sober homes are illegal under federal law.

Drug courts can require treatment participation, but directing participants exclusively to programs with financial relationships to the court or its administrators may violate anti-kickback laws. You generally have the right to ask about the basis for a specific program referral and whether alternatives are available.

Courts and supervision agencies cannot categorically prohibit the use of legally prescribed medications, including medication-assisted treatment (buprenorphine, methadone). The Americans with Disabilities Act and the Rehabilitation Act have been used successfully in federal courts to challenge blanket MAT bans. However, this area of law continues to evolve and practices vary significantly by jurisdiction.

You have the right to a hearing before your probation is revoked. You have the right to written notice of the alleged violations. You have the right to be heard and to present evidence. While the standard of proof is lower than a criminal trial, you are entitled to some process. You also have the right to an attorney — if you cannot afford one, the court must appoint one for revocation hearings that could result in incarceration.

People who are in recovery and taking prescribed MAT medications may be protected under the Americans with Disabilities Act as individuals with a disability (opioid use disorder). Firing someone for taking a legally prescribed medication to treat a disability may constitute disability discrimination. However, there are exceptions for safety-sensitive positions and certain federal jobs.

If a treatment facility receives federal funding, refusing admission based solely on MAT use may violate Section 504 of the Rehabilitation Act. The Substance Abuse and Mental Health Services Administration (SAMHSA) has issued guidance that programs should not categorically exclude people on MAT. However, enforcement has been inconsistent.