Healthcare Compliance Perspective – Disability Discrimination:
In light of growing concern surrounding the opioid addiction epidemic, Long-term Post-Acute Care (LPAC) centers should make sure that their policies and procedures regarding disability discrimination (and any other types) are in writing and are being consistently followed with respect to admissions.
The U.S. Attorney’s Office reached a settlement agreement today with a skilled nursing facility in Norwood, to resolve allegations that the facility violated Title III of the Americans with Disabilities Act (ADA) by refusing to accept a patient because the patient was being treated for Opioid Use Disorder (OUD).
The nursing home is a 124-bed, health and rehabilitation center that provides skilled nursing services and rehabilitation programs. According to a complaint filed with the United States Attorney’s Office, an individual seeking admission for treatment at the nursing home was denied because the patient was being treated with Suboxone, a medication used to treat OUD. Individuals receiving treatment for OUD are generally considered disabled under the ADA, which among other things prohibits private healthcare providers from discriminating based on disability.
While reiterating the commitment by his office to protect the rights of people with disabilities, the U.S. Attorney pointed out the growing opioid epidemic in Massachusetts where overdoses have claimed the lives of more than 2,000 people in 2017. He called the opioid crisis the number one enforcement priority for his office and stressed the importance of helping individuals in recovery avoid discriminatory barriers to treatment.
Under the terms of the agreement, the nursing home 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 $5,000 to the United States.
