An operator of eight skilled nursing facilities in Massachusetts reached an agreement on December 29, 2020, with the US Attorney’s Office to resolve allegations that they violated the Americans with Disability Act (ADA) by turning away patients that were being treated for Opioid User Disorder (OUD). According to the compliant, the skilled nursing facilities denied individuals seeking admission to the facilities on more than 350 occasions. These individuals were being treated with buprenorphine or methadone, which are used to treat OUD.
Individuals receiving treatment for OUD are generally considered disabled under the ADA, which among other factors, prohibits private healthcare providers from discriminating on the basis of disability. The individuals were seeking admission to the skilled nursing facilities for health issues that were unrelated to their addiction, although as part of their treatment they would also require buprenorphine or methadone. These medications are administered the same as any other medication would be administered.
Under the terms of the agreement, the operator of the eight skilled nursing facilities, among other things, will adopt a non-discrimination policy, provide training on the ADA and OUD to admissions personnel, pay a civil penalty of $50,000 to the United States, $10,000 of which will be paid now and $40,000 of which shall be suspended and forgiven if the operator complies with the terms of the agreement.
This matter is part of an ongoing effort by the U.S. Attorney’s Office to enforce the Title III of the ADA and to eliminate discriminatory barriers for treatment of OUD. Similar settlements have been resolved in the past two years in the District of Massachusetts.
Compliance Perspective
Issue
It is imperative that all staff that screen for admissions to nursing facilities are aware of Title III of the ADA. Refusing an individual admission to a facility based solely on the fact that they are being treated for OUD could be seen as a violation of Title III of the ADA. Discrimination on the basis of disability is prohibited.
Discussion Points
- Review policies and procedures on discrimination and admission screening. Ensure that facility policies include prohibiting discrimination on the basis of any disability.
- Educate appropriate staff on Title III of the ADA and how denying admission to the facility based upon OUD could be seen as discrimination. Document that the trainings occurred and file the signed training document in each employee’s education file.
- Periodically audit for individuals who were denied admission to the facility to ensure that their denial was not in violation of Title III of the ADA.
FOR MORE INFORMATION ON THIS TOPIC view: KEY INFORMATION FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA) and SCREENING AND INTERVENING FOR UNHEALTHY DRUG USE.
