The US Attorney’s Office reached an agreement with Athena Health Care Systems (Athena), operator of 16 skilled nursing facilities in Massachusetts, to resolve allegations that they violated the Americans with Disabilities Act (ADA) by turning away patients because they were being treated for Opioid Use Disorder (OUD). According to two complaints filed with the United States Attorney’s Office, individuals seeking admission at Athena facilities were denied because they were being treated with buprenorphine, a medication used to treat OUD. The individuals were seeking admissions to the facilities for health issues unrelated to their addiction, but required that the facilities administer their buprenorphine as they would administer any other medication. Individuals receiving treatment for OUD are generally considered disabled under the ADA, which, among other things, prohibits private healthcare providers from discriminating on the basis of disability. Under the terms of the agreement, Athena will, among other things, adopt a non-discrimination policy, provide training on the ADA and OUD to admissions personnel, and pay a civil penalty of $10,000 to the United States.
