Genesis settles with DOJ over ADA violation allegations

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Genesis HealthCare this week agreed to a settlement regarding the denial of admission to potential residents who have prescribed drugs to treat opioid use disorder (OUD).

Nine Genesis Qualified Nursing (SNF) facilities across Rhode Island and Massachusetts have been charged with violating the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Patient Protection and Affordable Care Act when they allegedly refused. admission of people treated with buprenorphine or methadone, FDA – drugs approved for OUD.

Those who receive such treatment for OUD are considered disabled under federal civil rights laws, according to the press release.

Secretary [Xavier] 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, said Dr Robinsue Frohboese, acting director of the HHS Civil Rights Office, in a statement announcing the deal. This agreement and the actions taken by Genesis at its facilities advance this important goal.

Genesis is the fourth SNF with which the United States Attorney’s Office for the District of Massachusetts has agreed to deny admission to patients in treatment for OUD, the statement said.

Genesis, on behalf of nine affiliated centers in Rhode Island and Massachusetts, has entered into a Voluntary Resolution Agreement (VRA) over allegations that the centers have refused admission to people with drug use disorder. opioids linked to suboxone, Genesis spokesperson Lori Mayer said in a statement. statement sent by email to Skilled Nursing News. There has been no admission of wrongdoing by the centers, and the government has not provided clinical or other information to support the allegations.

Under the terms of the settlement agreement, Genesis facilities will adopt a non-discrimination policy and provide ADA and OUD training to staff, among other requirements. The operator will also pay a civil fine of $ 60,000, of which $ 50,000 will be suspended and pardoned if the facilities comply with the terms of the agreement, the press release said.

Mayer said Genesis struck the deal to avoid litigation fees by clarifying their admission policies, ensuring full adherence to ADA guidelines regarding the drug treatment of drug use disorders. Opioids: The updated policy confirms that admission decisions must ensure the safety of all residents in accordance with ADA, in accordance with Genesis policy.

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