Genesis HealthCare Inc. Agrees to Resolve Allegations of Violations of the Americans with Disabilities Act | USAO-MA

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BOSTON The United States Attorney’s Offices for the Districts of Massachusetts and Rhode Island and the Department of Health and Human Services (HHS) today announced an agreement with Genesis HealthCare Inc. (Genesis) to resolve the allegations according to which 12 of its qualified nursing facilities are located in Rhode Island and Massachusetts denied admission to potential residents because they were prescribed an FDA-approved drug for opioid use disorder ( OUD). This is in violation of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Patient Protection and Affordable Care Act.

The U.S. District Attorney’s Offices in Massachusetts and Rhode Island opened the investigation after receiving complaints alleging that people were denied admission to Genesis facilities because they were being treated with buprenorphine or methadone, medicines used to treat OUD. People receiving medication to treat OUD are generally considered disabled under federal civil rights laws. The plaintiffs in this case were seeking admission for health issues unrelated to their addiction, but they also needed treatment for DU.

Under the settlement agreement, these 12 skilled nursing facilities operated by Genesis will, among other things, adopt a non-discrimination policy and provide ADA and OUD training to admissions staff. The company will also pay a civil fine of $ 60,000, of which $ 50,000 will be suspended and surrendered if the designated facilities comply with the terms of the agreement.

The ADA is the law of the land, and the ADA makes it illegal to discriminate against people with disabilities, including opioid use disorders, Acting U.S. Attorney Nathaniel R. Mendell said. All providers must comply with the ADA, and we are happy to advocate for the rights of people in recovery by protecting their equitable access to needed treatment.

As Rhode Island and the rest of the country continue to face an overdose crisis, recovering people should never face discriminatory barriers to health care, the Acting United States Attorney said. for the District of Rhode Island, Richard Myrus. Removing these discriminatory barriers is not only a right under federal civil rights laws, it can be a matter of life and death. We appreciate Genesis’ cooperation in modifying its ADA compliance policies, and we encourage other qualified nursing institutions to proactively do the same.

Secretary Becerra has made advancing the goal of ending the opioid crisis a key priority for the HHS, especially as the COVID-19 pandemic has exacerbated this deadly crisis. This agreement and the actions taken by Genesis at its facilities advance this important goal by ensuring that civil rights laws protect access to health care for people undergoing treatment for a drug use disorder. opioids, said acting director of the HHS civil rights office, Dr Robinsue Frohboese.

In coordination with the US prosecutor’s offices, the HHS participated in the investigation into these allegations that these facilities. Genesis is the fourth qualified nursing facility with which the United States Attorney’s Office for the District of Massachusetts has agreed to deny admission to patients receiving OUD treatment, in violation of the ADA.

Acting U.S. Attorney Mendell for the District of Massachusetts, Acting U.S. Attorney Myrus for the District of Rhode Island and Acting HHS Director of OCR, Dr. Frohboese, made the announcement today. Deputy U.S. prosecutors Sara Bloom and Gregory Dorchak of the District of Massachusetts, Amy Romero of the District of Rhode Island and Erin Walker, Equal Opportunity Oversight Specialist, HHS handled the case.

United States prosecutors’ offices have pledged to investigate alleged violations of the Americans with Disabilities Act. Those interested in learning more about the Americans with Disabilities Act can access www.ada.gov or call the Department of Justice’s toll-free information line at (800) 514-0301 or (800) 514-0383 (ATS).

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