The US Attorney’s Office reached an agreement with New England Orthopedic Surgeons (NEOS) in Springfield, Mass. to resolve allegations that the practice violated the Americans with Disabilities Act (ADA) by turning away patients who were also being treated for Opioid Use Disorder (OUD). According to multiple complaints, in 2019, two patients being treated with buprenorphine, a medication used to treat Opioid Use Disorder, sought full-joint replacement from NEOS surgeons. The government found that though NEOS surgeons could have accommodated the patients, they ultimately referred the patients elsewhere because the surgeons were not comfortable with the post-operative pain management protocol needed for patients prescribed buprenorphine, thereby violating the ADA. Individuals receiving treatment for Opioid Use Disorder are generally considered disabled under the ADA, and denial of a medical procedure because a person is taking a medication to treat a disability, when the medical procedure is still possible for persons taking the medication, violates the ADA. Under the terms of the agreement, NEOS will, among other things, adopt a non-discrimination policy, provide training on the ADA and Opioid Use Disorder and pay two complainants $15,000 each for pain and suffering.
