Fraudulent Advertising

Purpose:
To ensure compliance with ethical advertising practices as outlined in Behavioral Health Information Notice (BHIN) 22-022 and applicable California regulations, this policy establishes
guidelines for preventing and addressing fraudulent or misleading advertising practices within our drug and alcohol rehabilitation facility.

Scope:
This policy applies to all employees, contractors, and third-party vendors involved in the creation, approval, or dissemination of advertising or marketing materials for the facility.

Policy
1. Prohibition of Fraudulent Advertising:

• The facility strictly prohibits the use of false, deceptive, or misleading statements in any advertising or marketing materials.
• All claims about services, outcomes, or qualifications must be accurate, verifiable, and consistent with the standards outlined in BHIN 22-022.

2. Compliance with Laws and Regulations:

• Advertising and marketing practices must comply with applicable state and
  federal laws, including California’s Business and Professions Code, BHIN 22-022, and Sections 11831.9 and 11831.12 of the California Health and Safety Code.
• Specific attention must be paid to ensure that representations about licensure, certifications, and services provided are truthful and transparent.

3. Transparency in Advertising:

• Advertisements must clearly disclose the name and location of the facility.
• Misrepresentation of affiliations, endorsements, or outcomes is strictly prohibited.
• Third-party lead generators or marketing firms must adhere to this policy and relevant regulations.

4. Accountability:

• Staff members involved in advertising must be trained on this policy and BHIN 22-022.
• The Marketing or Compliance Department will review all advertising materials before publication to ensure compliance.

Procedure

1. Development of Advertising Materials:

• All advertising materials must be developed collaboratively between the Marketing and Compliance Departments.
• Materials should be fact-checked and reviewed against BHIN 22-022, Sections 11831.9,11831.12, and other applicable regulations.

2. Pre-Publication Review:

• Prior to publication, all advertising materials must be submitted for review by the Compliance Department.
• The Compliance Department will verify that the materials meet the requirements of this policy, BHIN 22-022, and Sections 11831.9 and 11831.12.

3. Reporting Misconduct:

• Employees or external stakeholders who identify potentially fraudulent advertising must report the concern to the Compliance Officer immediately.
• Reports can be made anonymously through the facility’s whistleblower hotline or via email to [email protected].

4. Investigation and Corrective Action:

• The Compliance Officer will investigate reports of fraudulent advertising promptly.
• If fraudulent practices are confirmed, the facility will:
  • Immediately retract or correct the misleading advertisements.
  • Notify relevant regulatory bodies as required.
  • Implement disciplinary actions against responsible parties, up to and including termination.

5. Regular Monitoring and Auditing:

• The facility will conduct quarterly audits of advertising materials to ensure ongoing compliance.
• Feedback from audits will be used to improve future advertising practices.

6. Training:

• Employees involved in marketing or advertising will receive annual training on ethical advertising practices and compliance with BHIN 22-022 and Sections 11831.9 and 11831.12.

Legal References from California Health and Safety Code:

Section 11831.9: Facilities shall not engage in any false or misleading advertising related to the promotion of their services. This includes ensuring that all representations of treatment outcomes, staff qualifications, and facility credentials are truthful and verifiable. Facilities must also comply with all requirements related to disclosures of ownership and affiliations in advertising materials.

Section 11831.12: All facilities are prohibited from making payments, rebates, or other forms of remuneration for patient referrals unless explicitly permitted by law. Facilities must disclose any
financial relationships with third parties that could influence patient referrals or treatmentrecommendations. Violations of this section may result in penalties, including fines and
revocation of licensure.

Non-Retaliation:
The facility prohibits retaliation against any individual who reports suspected fraudulent advertising practices in good faith.

Recordkeeping:
All advertising materials and related approvals must be documented and retained for at least five
years, in accordance with BHIN 22-022 and state requirements.

References:

• Behavioral Health Information Notice (BHIN) 22-022
• California Business and Professions Code
• California Health and Safety Code Sections 11831.9 and 11831.12

 

Feel free to contact us for any reason and if you have any questions, concerns, or requests.

Contact Information

Morro Bay Recovery
2460 Main Street,
Morro Bay, California, 93442
+1 (805) 772-2212