Alcoholism treatment

[bcspace]

Court ordered. Qualifying expense? I'm guessing no because usually these things should come via a doctor's prescription/note. But will a court order or court agreement in lieu of punishment suffice?

[LRDG]

bcspace, it seems easy enough to meet the medically necessary criteria via an OV with a GP or other provider for a DX and referral for appropriate medical treatment inpatient/outpatient facility.

I'm not an expert on the extent to which alcoholism treatment is 'medical care', but it has been my understanding that such treatment requires a license to practice and to provide specialized medical treatment, the necessary addiction and human behavioral training expertise. I'm sure there are ICD treatment codes.

I'm not aware of anything in the regs that states a court order, or that criminal activity? would override the medical necessity for treating the underlying condition.

[bcspace]

Well it's a little troublesome because when one gets a DUI, one is not necessarily an alcoholic (though it would be a reasonable assumption) and a court does not typically make a legal diagnosis.

[lvena]

Well it's a little troublesome because when one gets a DUI, one is not necessarily an alcoholic (though it would be a reasonable assumption) and a court does not typically make a legal diagnosis.

I agree with you. Any expense must have a "medical need" behind it. Just because a court order is issued does not meet the medically needed requirement.

[My 2 cents]

Would a court-ordered driver training program be a qualified expense?

Would a court order alcoholism treatment for someone in the absence of expert testimony that the person suffers from alcoholism? If there were such testimony, would that suffice to establish that it is medically appropriate?

If the treatment is primarily therapeutic, perhaps it should be a qualifying expense. If primarily punitive, then probably not a qualifying expense.

Please bear in mind that this is outside my area of expertise.

[LRDG]

Driver training is not medical care described in IRC Sec. 213.

While a court order doesn't meet IRS description of medical care, if Sec. 213 medical care is provided in the course of complying with court ordered substance abuse treatment, the care is eligible.

Edited: My only concern might be with any applicable exclusions for medical services rendered as a result of criminal activity.