Mandating Treatment Provider Linkages

Typically, a prosecutor-led diversion program will link a program participant with community-based treatment programming which may include mental health, substance abuse, educational, vocational, housing, or other counseling services. Community-based programming may also include make whole provisions such as participation in community service, payment of restitution, or referrals to peace making panels.

A prosecutor’s office should determine which providers can best meet the needs of the program’s participants. Contracts or memoranda of understanding should solidify community partnerships and outline the responsibilities of the partnering agency. Such agreements should specify at which stage of the process the partnering agency is involved, what their role is, if and how they are paid, and how communications are managed regarding a participant’s performance.

Care should also be taken to develop mechanisms for participants to pay for such treatment.  Medicare, Medicaid, Veterans, and Social Security benefits are potential sources for such payments, as well as private insurance.  The Medicaid Administrative Claiming Program (MAC) reimburses county agencies and public entities for linking, educating, and planning activities related to health care services specifically covered by Medicaid. It does not reimburse for direct services. To learn more about this reimbursement see the fact sheet below.