Is Portsmouth’s Rehab Ban Illegal?

Portsmouth Rehab

Portsmouth City Council members agree there’s a problem with the area’s rehab centers. That’s why they drafted an ordinance extending a ban on new rehab facilities and requesting information from local facilities. They also want data from police and EMS about how many out-of-town rehab patients end up arrested or using emergency services.  

Gathering that information seems like the only way to find out if out-of-towners are really contributing to the crime and homelessness issues in Portsmouth,  

City Councilman Joey Sandlin said he’s all for the moratorium but worried that it may not be legal. The problem is that addiction treatment is a medical service, and HIPPA medical privacy laws apply to patients. “I’m very much for the moratorium. But as a businessperson, I worry from a legal standpoint if we have the authority.”  He said he planned to vote for the ordinance, but he did have concerns.  

Mayor Sean Dunne said the ordinance isn’t about getting rid of rehabs but about evidence-based legislation. “This started as a discussion of mandatory standard of care.” He said this was about protecting a vulnerable group of patients. “We’ve requested from the state a statewide strategy; what are best practices, and what are best outcomes? We haven’t received anything. We haven’t received any word back.” 

The mayor said if evidence showed Portsmouth needed more facilities, perhaps more should be added. “It doesn’t make any sense that one county should have no facilities. Why are we moving people around?”  

Mayor Dunne said anyone thinking about suing the city should realize it’s pushing for a standard of care and looking for data to help those in need get the best services.  

The council voted unanimously in favor of the measure.  

Exit mobile version