As part of its response to the opioid crisis, United States Attorney Rachael S. Rollins sent a letter to all skilled nursing facilities in Massachusetts warning that refusing to provide care for persons with opioid use disorder (OUD) violates the Americans with Disabilities Act (ADA) and that the US Attorney’s Office will aggressively enforce these protections. The ADA, which prohibits discrimination based on disability, protects individuals with OUD. Since 2018, the US Attorney’s Office has entered into 10 settlement agreements with entities owning a total of 51 skilled nursing facilities for refusing to admit individuals prescribed medications for opioid use disorder (MOUD), including buprenorphine (Suboxone), vivitrol and methadone.
To ensure compliance with the nondiscrimination provisions of the ADA, skilled nursing facilities must evaluate each applicant individually to determine suitability for admission, rather than enacting a blanket policy denying admissions to all persons treated with MOUD. Courts may impose civil penalties for ADA violations, which could be as high as $92,383 for a first violation, and potentially double that amount for subsequent violations. These ADA enforcement actions are part of a larger effort by the United States Attorney’s Office to eliminate discriminatory barriers to treatment for Opioid Use Disorder in the medical community, in the criminal justice system, and in housing.
