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Committee approves bills to curb deceptive marketing and 'body brokering' in addiction treatment

Senate Health Committee · March 3, 2025
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Summary

After survivor and provider testimony, the Senate Health Committee released S3955 and related provisions to define 'affiliation,' require clearer contact information in treatment marketing, and give law enforcement tools to deter lead‑generators and call‑center brokers who steer patients to unsuitable, often costly programs.

The Senate Health Committee released S3955 with amendments that define "affiliation" (control or common control) and require treatment providers to publish phone numbers and addresses on marketing materials. The measures were presented as responses to deceptive marketing and 'body brokering' that funnel vulnerable people to programs that may deliver poor care or generate high out‑of‑pocket bills.

Rachel Wallace, senior director at Hackensack Meridian Health and interim director of clinical social services at Carrier Clinic, described instances where prospective patients searching for reputable facilities were routed by online ads and call centers to other providers that billed patients directly and provided inferior care. She described investigative calls and a 2023 case in which a New Jersey patient placed for care received a $16,000 bill not covered by insurance.

Survivors and advocates gave moving testimony. Alyssa Tierney, a lead organizer with Not 1 More, recounted repeated personal experiences with being steered toward coercive programs and urged stronger oversight. Nicole Tierney, a policy analyst at the National Center for Addiction and Recovery Services, cited low access to evidence‑based care and supported private cause‑of‑action and attorney‑fee shifting provisions in the bills.

Committee amendments replace the term "relationship" with a defined "affiliation" (control/common control) and add disclosure requirements (phone, mailing and business location addresses) to any marketing or advertising materials. Supporters said those requirements will make it easier for consumers and law enforcement to identify deceptive operators and hold them accountable.

The committee released S3955 as amended. Sponsors and witnesses said enforcement will require cooperation from online advertising platforms and practical tools for law enforcement to trace bad actors that often use burner phones and transient call centers.