The United States Attorney’s Office for the District of Vermont announced that United States Attorney Nikolas P. Kerest sent a letter to all skilled nursing facilities (SNFs) in Vermont 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 enforce these federal civil rights protections. The ADA, which prohibits discrimination based on disability, protects individuals with OUD. Across the country, the Department of Justice has entered into numerous settlement agreements with skilled nursing facilities for refusing to admit individuals who are prescribed medications for opioid use disorder, including buprenorphine (Suboxone), vivitrol, and methadone. Skilled nursing facilities are required to conduct an individualized assessment of each applicant’s admissibility and may not simply prohibit all individuals taking medications for OUD. Courts may impose civil penalties for ADA violations, which could be as high as $111,614 for a first violation, and potentially double that amount for subsequent violations.
