US Attorney Rachael S. Rollins has put all Massachusetts’ skilled nursing providers on notice: Refusing to provide care for persons with opioid use disorder violates the Americans with Disabilities Act, and the US Attorney’s Office “will aggressively enforce these protections.”
According to the Substance Abuse and Mental Health Administration of the Department of Health and Human Services, in 2018, an estimated 2 million people in the United States had an opioid use disorder, which includes use of prescription pain medication containing opiates and heroin.
“Denying access to necessary healthcare, based solely on someone’s substance use disorder exacerbates the tremendous damage opioids already cause residents of our commonwealth and their loved ones,” Rollins said.
Skilled nursing facilities are refusing to admit people who have been prescribed medications for opioid use disorder, such as buprenorphine and methadone, according to Rollins.
“Medications can be a crucial tool in battling the opioid crisis. In many instances, these prescription treatments save lives,” Rollins said. “Yet each year, countless people are turned away from skilled nursing facilities solely because they are on prescribed MOUD. This puts vulnerable people in the awful position of either risking their life by not taking their MOUD or risking their life by continuing their opioid use.”
According to the Department of Justice, courts may impose civil penalties for ADA violations, which could be as high as $92,383 for a first violation and potentially double that amount for subsequent violations. Those ADA enforcement actions are part of a larger effort by the US Attorney’s Office to eliminate discriminatory barriers to treatment for opioid use disorder in the medical community, in the criminal justice system, and in housing.
