The US Attorney’s Offices in the Districts of Rhode Island and Massachusetts, and the Department of Health and Human Services (HHS), announced that they have reached agreement with twelve skilled nursing facilities in Rhode Island and Massachusetts operated by Genesis HealthCare Inc, to resolve allegations that the facilities denied admission to prospective residents because they were taking an FDA-approved medical treatment to treat Opioid Use Disorder (OUD), in violation of the Americans with Disabilities Act (ADA), the Patient Protection and Affordable Care Act, and the Rehabilitation Act. The investigation was opened after the US Attorney’s Offices received complaints alleging that individuals were denied admission to Genesis facilities located in Rhode Island and Massachusetts because they were being treated with buprenorphine or methadone, medications used to treat OUD. Many individuals receiving medication to treat OUD have a disability under federal civil rights laws. The complainants were seeking admission for health issues unrelated to their dependency, but also needed the facilities to administer medication for OUD, as they would administer any other medication for any other chronic illness. In cooperation with the US Attorney’s Offices, HHS initiated an investigation to determine whether, and to what extent, these facilities were refusing to admit individuals taking medication to treat OUD.
Under the terms of the agreement, the twelve skilled nursing facilities operated by Genesis HealthCare in Rhode Island and Massachusetts will, among other things, adopt a non-discrimination policy, and provide training on federal civil rights laws and OUD to admissions personnel. The company will also pay a civil penalty of $60,000. $50,000 of the penalty will be suspended and forgiven if the Genesis designated facilities comply with the terms of the agreement.
